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diff --git a/44209-0.txt b/44209-0.txt new file mode 100644 index 0000000..983da47 --- /dev/null +++ b/44209-0.txt @@ -0,0 +1,34902 @@ +*** START OF THE PROJECT GUTENBERG EBOOK 44209 *** + + THE INQUISITION OF SPAIN + + WORKS BY THE SAME AUTHOR. + + + _A HISTORY OF THE INQUISITION OF THE MIDDLE AGES._ In three + volumes, octavo. + + _THE INQUISITION IN THE SPANISH DEPENDENCIES._ In one volume, + octavo. (_Shortly._) + + _A HISTORY OF AURICULAR CONFESSION AND INDULGENCES IN THE LATIN + CHURCH._ In three volumes, octavo. + + AN HISTORICAL SKETCH OF SACERDOTAL CELIBACY IN THE CHRISTIAN + CHURCH. Third edition. (_In preparation._) + + _A FORMULARY OF THE PAPAL PENITENTIARY IN THE THIRTEENTH CENTURY._ + One volume, octavo. (_Out of print._) + + _SUPERSTITION AND FORCE._ Essays on The Wager of Law, The Wager of + Battle, The Ordeal, Torture. Fourth edition, revised. In one + volume, 12mo. + + _STUDIES IN CHURCH HISTORY._ The Rise of the Temporal Power, + Benefit of Clergy, Excommunication, The Early Church and Slavery. + Second edition. In one volume, 12mo. + + _CHAPTERS FROM THE RELIGIOUS HISTORY OF SPAIN, CONNECTED WITH THE + INQUISITION._ Censorship of the Press, Mystics and Illuminati, + Endemoniadas, El Santo Niño de la Guardia, Brianda de Bardaxí. In + one volume, 12mo. + + _THE MORISCOS OF SPAIN, THEIR CONVERSION AND EXPULSION._ In one + volume, 12mo. + + + + + A HISTORY + + OF THE + + INQUISITION OF SPAIN + + BY + + HENRY CHARLES LEA, LL.D. + + IN FOUR VOLUMES + + VOLUME IV. + + New York + THE MACMILLAN COMPANY + LONDON: MACMILLAN & CO., LTD. + 1922 + _All rights reserved_ + + COPYRIGHT, 1907 + + BY THE MACMILLAN COMPANY + + Set up and electrotyped. Published September, 1907 + + + + + CONTENTS OF VOL. IV. + + +BOOK VIII--SPHERES OF ACTION (CONTINUED). + + +CHAPTER V--MYSTICISM. + + PAGE + +Antiquity of Mystic Aspirations 1 + +Dangers--Impeccability--Independence 2 + +Illuminism and Quietism--Confusion with Protestantism--Uncertainty +as to Source of Visions--Contempt for Theology 4 + +Development in Spain 6 + +Commencement of Persecution--The Mystics of Guadalajara 7 + +Francisca Hernández 9 + +María Cazalla--The Group in Toledo--Ignatius Loyola 13 + +Archbishop Carranza--San Francisco de Borja--Luis de Granada--the +Jesuits 15 + +Fray Alonso de la Fuente--his struggle with Jesuitism 19 + +The Alumbrados of Llerena 23 + +Hostility of the Inquisition to Mysticism 24 + +Padre Gerónimo de la Madre de Dios 26 + +_Mística Theología_ of Fernando de Caldera 29 + +Prosecution of the Mystics of Seville--Condemnation of Alumbrado +Errors 29 + +Illuminism becomes formal Heresy--Procedure 34 + +Madre Luisa de Carrion 36 + +Influence of Mystics--Sor María de Agreda 39 + +Mysticism in Italy--Canon Pandolfo Ricasoli--The Impostor + +Giuseppe Borri--The _Sequere me_ 42 + +The Pelagini of Lombardy 46 + +Miguel de Molinos--Condemnation of Mysticism 49 + +The Beccarellisti 61 + +Mysticism in France--Condemnation of Fénelon 62 + +Molinism in Spain--Persecution 68 + +Bishop Toro of Oviedo 71 + +Madre Agueda de Luna 76 + +Fray Eusebio de Villaroja--abusive Methods 77 + +Mysticism regarded as delusion 79 + +Prevalence of Imposture 81 + +Magdalena de la Cruz 82 + +Madre María de la Visitacion 83 + +Variable Treatment of Imposture 86 + +The Beata Dolores--The Beata de Cuenca--The Beata + +Clara 89 + +Sor Patrocinio 92 + + +CHAPTER VI--SOLICITATION + +Frequency of Seduction in the Confessional 95 + +Invention of the Confessional Stall 96 + +Leniency of Spiritual Courts 97 + +The Inquisition indirectly seeks Jurisdiction 98 + +Paul IV and Pius IV grant Jurisdiction 99 + +The Regular Clergy endeavor to obtain Exemption 100 + +Legislation of Gregory XV--Struggle with Bishops over Jurisdiction100 + +Solicitation included in Edict of Faith 105 + +Difficulty of inducing Women to denounce Culprits 106 + +Solicitation a technical Offence against the Sacrament, not +against Morals 109 + +Difficulty of practical Definition 110 + +Passive Solicitation 111 + +Absolution of the Partner in Guilt 113 + +Facility of evading Penalty 114 + +Flagellation--Connection with Illuminism 116 + +Procedure--Tenderness for Delinquents 119 + +Two Denunciations required 123 + +Registers kept of Soliciting Confessors 125 + +Moderation of Penalties 126 + +Self-Denunciation--It finally secures immunity 130 + +Statistics of Cases--Predominance of the Regular Orders 134 + + +CHAPTER VII--PROPOSITIONS + +Growth of Jurisdiction over Utterances, public and private 138 + +Influence of habitual Delation 138 + +Danger incurred by trivial Remarks 140 + +Severity of Penalties--Question of Belief and Intention 142 + +Special Propositions--Marriage better than Celibacy 144 +Fornication between the Unmarried no Sin 145 + +Theological Propositions--Case of Fray Luis de Leon 148 + +Scholastic Disputation, its Dangers 150 + +Fray Luis accused of Disrespect for the Vulgate 151 + +Arrested and imprisoned March 27, 1572 153 + +Endless Debates over multiplying Articles of Accusation 154 + +Vote _in discordia_, September 18, 1576 156 + +Acquitted by the Suprema, December 7, 1576 157 + +Second trial in 1582 for Utterances in Debate--Acquittal 159 + +Francisco Sánchez, his Contempt for Theology 162 + +He is summoned and reprimanded, September 24, 1584 164 + +Again summoned and imprisoned, September 25, 1600--his +Death 166 + +Fray Joseph de Sigüenza--Plot against him in his Order 168 + +Prefers Trial by the Inquisition--is acquitted 170 + +Case of Padre Alonso Romero, S. J. 171 + +Prosecutions of incautious Preachers 172 + +Increasing Proportion of Cases of Propositions, continuing to +the last 176 + + +CHAPTER VIII--SORCERY AND OCCULT ARTS. + +Accumulation of Superstitious Beliefs in Spain 179 + +Toleration in the early Middle Ages 180 + +John XXII orders Persecution of Sorcery 181 + +Persistent Toleration in Spain 182 + +The Inquisition obtains Jurisdiction 183 + +Question as to Heresy--Pact with the Demon 184 + +The Demon omnipresent in Superstitious Practices--Hermaphrodites 186 + +Belief thus strengthened in Divination and Magic 189 + +The Inquisition thus obtains exclusive Jurisdiction 190 + +Astrology--Its Teaching suppressed in the University of Salamanca 192 + +Procedure--Directed to prove Pact with the Demon 195 + +Penalties--Less severe than in secular Courts 197 + +Rationalistic Treatment in Portuguese Inquisition 202 + +Prosecuted as a Reality in Spain, to the last 203 + +Increase in the Number of Cases 204 + +Belief remains undiminished to the present time 205 + + +CHAPTER IX--WITCHCRAFT. + +Distinctive Character of Witchcraft--The Sabbat 206 + +Origin in the 14th Century--Rapid Development in the 15th 207 + +Genesis of Belief in the Sabbat--The _Canon Episcopi_ 208 + +Discussion as to Delusion or Reality--Witch-Burnings 209 + +Congregation of 1526 deliberates on the Subject 212 + +Witch Epidemics--Active Persecution 214 + +The Suprema restrains the Zeal of the Tribunals 216 + +Enlightened Instructions 219 + +Auto-suggestive Hypnotism of confessed Witches 220 + +Conflict with secular Courts over Jurisdiction 222 + +Lenient Punishment 223 + +Retrogression--The Logroño Auto of 1610 225 + +Revulsion of Feeling--Pedro de Valencia 228 + +Alonso de Salazar Frias commissioned to investigate 230 + +His rationalistic Report 231 + +Instructions of 1614 virtually put an end to Persecution 235 + +Persistent Belief--Torreblanca 239 + +Witchcraft Epidemics disappear 240 + +Witchcraft in the Roman Inquisition 242 + +The Witchcraft Craze throughout Europe 246 + + +CHAPTER X--POLITICAL ACTIVITY. + +Assertion that the Inquisition was a political Instrument 248 + +No Trace of its Agency in the Development of Absolutism 249 + +Rarely called upon for extraneous Service 251 + +Case of Antonio Pérez 253 + +Assassination of Juan de Escobedo 254 + +Pérez replaced by Granvelle--is imprisoned--escapes to +Saragossa--is condemned in Madrid 255 + +Futile Attempts to prosecute him before the Justicia of +Aragon 258 + +The Inquisition called in and prosecutes him for Blasphemy 258 + +He is surrendered to the Tribunal--the City rises and rescues +him 259 + +Philip's Army occupies Saragossa--Pérez escapes to France--Execution +of the Justicia Lanuza 263 + +Prosecutions by the Inquisition in opposition to the policy +of Philip II--Auto de fe of October 20, 1592 267 + +Córtes of Tarazona in 1592 curtail the Liberties of Aragon 269 + +Death of Pérez in 1611--his memory absolved in 1615 272 + +Sporadic Cases of Intervention by the Inquisition 273 + +It is used in the War of Succession 275 + +Gradually becomes subservient under the Bourbons 276 + +Is a political Instrument under the Restoration 277 + +Sometimes used to enforce secular Law--The Export of Horses 278 + + +CHAPTER XI--JANSENISM. + +Indefinable Character of Jansenism, except as opposed +to Ultramontanism 284 + +Struggle in Spanish Flanders 286 + +Quarrel with Rome over the Condemnation of Cardinal Noris in +the Index of 1747 288 + +Opposition to Ultramontanism and Jesuitism persecuted as +Jansenism 292 + +Expulsion of the Jesuits--Reaction under Godoy 294 + + +CHAPTER XII--FREE-MASONRY. + +Development of Masonry--Condemned by the Holy See 298 + +Persecuted by the Inquisition and the Crown 300 + +It becomes revolutionary in Character 303 + +Persecution under the Restoration 304 + +Its pernicious Activity in the Constitutional Period 306 + + +CHAPTER XIII--PHILOSOPHISM. + +Growth of Incredulity towards the End of the Eighteenth Century 307 + +Olavide selected as a Victim 308 + +Impression produced by his Trial 311 + +Struggle between Conservatism and Progress 312 + + +CHAPTER XIV--BIGAMY. + +Assumption of Jurisdiction over Bigamy 316 + +Based on inferential Heresy 318 + +The Civil and Spiritual Courts strive to preserve +their Jurisdiction 319 + +Penalties 321 + +Contest over Jurisdiction revived--Carlos III subdivides it into +three 323 + +The Inquisition reasserts it under the Restoration 326 + +Number of Cases 327 + + +CHAPTER XV--BLASPHEMY. + +Distinction between heretical and non-heretical Blasphemy 328 + +Contests over Jurisdiction with the spiritual and secular Courts 329 + +Attempts at Definition of heretical Blasphemy 330 + +Cumulative Jurisdiction 333 + +Moderation of Penalties 334 + +Number of Cases 335 + + +CHAPTER XVI--MISCELLANEOUS BUSINESS. + +Marriage in Orders 336 + +Personation of Priesthood 339 + +Roman Severity and Spanish Leniency 340 + +Hearing of Confessions by Laymen 344 + +Personation of Officials 344 + +Demoniacal Possession 348 + +Insults to Images 352 + +Uncanonized Saints 355 + +The Plomos del Sacromonte 357 + +The Immaculate Conception 359 + +Unnatural Crime 361 + +Jurisdiction conferred in the Kingdoms of Aragon 363 + +The Portuguese Inquisition obtains Jurisdiction 365 + +Trials conducted under secular Procedure 366 + +Penalties 367 + +Case of Don Pedro Luis Galceran de Borja 370 + +Usury 371 + +Jurisdiction abandoned 374 + +Morals 375 + +The Seal of Confession 377 + +General Utility 378 + + +BOOK IX--CONCLUSION. + + +CHAPTER I--DECADENCE AND EXTINCTION. + +Independence of the Inquisition in the XVII Century 385 + + +THE BOURBONS. + +Increased Control exercised by Philip V 386 + +Gradual Diffusion of Enlightenment 387 + +Progress under Carlos III--he limits Inquisitorial Privilege 389 + +Influence of the French Revolution 390 + +Diminished Respect--Increasing Moderation 392 + +Projects of Reform--Jovellanos--Urquijo 394 + +Growth of Opposition--Bishop Grégoire and his Opponents 397 + +THE CORTES. + +The Napoleonic Invasion and the Uprising of Spain 399 + +The Inquisition supports the Intrusive Government 400 + +Its desultory Functions during the War of Liberation 402 + +The Extraordinary Córtes assemble, September 24, 1810 403 + +Freedom of the Press decreed--Controversy on the Inquisition 404 + +The Constitution adopted 406 + +Prolonged Struggle over the Suppression of the Inquisition--Carried +January 26, 1813 407 + +Resistance of the Clergy 414 + +Reaction preceding the Return of Fernando VII 418 + +THE RESTORATION. + +Character of Fernando VII 420 + +Proscription of the Liberals 421 + +The Inquisition re-established 424 + +Its Reconstruction and financial Embarrassments 426 + +Resumption of Functions 429 + +Its diminished Authority--Its Moderation 430 + +THE REVOLUTION OF 1820. + +Growing Disaffection culminates in successful Revolution 434 + +Fernando compelled to abolish the Inquisition, March 9, 1820 436 + +Suicide of Liberalism 438 + +Quarrel with the Church--Increasing Anarchy 440 + +The Congress of Verona orders Intervention 444 + +The French Invasion--Ferdinand carried to Cádiz 446 + +Proscription of the Liberals 448 + +Fernando released and returns to Power 449 + +TEN YEARS OF REACTION. + +Absolutism revenges itself on Liberalism 450 + +Fernando refuses to revive the Inquisition 453 + +Discontent of the Extremists--Rising in Catalonia 456 + +Dormant Condition of the Inquisition 458 + +Episcopal juntas de fe--Execution of Cayetano Ripoll 460 + + +CRISTINA. + +The Question of Succession causes Reversal of Policy 462 + +Death of Fernando VII--The Carlist War--Alliance of the Regent +Cristina with the Liberals 466 + +The Inquisition definitely abolished, July 15, 1834 467 + +Gradual Development of Toleration 469 + + +CHAPTER II--RETROSPECT. + +Vicissitudes in the History of Spain 472 + +Causes of Decadence--Misgovernment of the Hapsburgs 473 + +Industry crushed by Taxation 478 + +Lack of Means of Intercommunication--_The Mesta_ 480 + +Debasement of the Coinage 482 + +Aversion for Labor 483 + +Multiplication of Offices--Empleomanía 485 + +Gradual Recuperation under the Bourbons 486 + +Inordinate Growth of the Church in Numbers and Wealth 488 + +Demoralization of the Clergy 496 + +Clerical Influence--Development of Intolerance 498 + +Superficial Character of Religion 502 + +Results of Intolerance 504 + +Influence of the Inquisition on the People 507 + +Contemporary opinion of its Services 508 + +Indifference to Morals 509 + +Disregard for Law--Aspirations to Domination 511 + +Suppression of adverse Opinion 513 + +Statistics of its Operations 516 + +Conscientious Cruelty 525 + +Persecution Profitable 527 + +Influence on Intellectual Development 528 + +Result of seeking to control the Human Conscience 531 + +APPENDIX OF DOCUMENTS 535 + +INDEX 547 + + + + +THE INQUISITION OF SPAIN. + + + + +BOOK VIII. (Continued). + + + + +CHAPTER V. + +MYSTICISM.[1] + + +The belief that, by prolonged meditation and abstraction from the +phenomenal world, the soul can elevate itself to the Creator, and can +even attain union with the Godhead, has existed from the earliest times +and among many races. Passing through ecstasy into trance, it was +admitted to the secrets of God, it enjoyed revelations of the invisible +universe, it acquired foreknowledge and wielded supernatural powers. St. +Paul gave to these beliefs the sanction of his own experience;[2] +Tertullian describes the influence of the Holy Spirit on the devotee in +manifestations which bear a curious similitude to those which we shall +meet in Spain,[3] and the anchorites of the Nitrian desert were adepts +of the same kind to whom all the secrets of God were laid bare.[4] These +supernal joys continued to be the reward of those who earned them by +disciplining the flesh, and the virtues of mental prayer, in which the +soul lost consciousness of all earthly things, were taught by a long +series of doctors--Richard of Saint Victor, Joachim of Flora, St. +Bonaventura, John Tauler, John of Rysbroek, Henry Suso, Henry Herp, John +Gerson and many others. If Cardinal Jacques de Vitry is to be believed, +the nuns of Liége, in the thirteenth century, were largely given to +these mystic raptures; of one of them he relates that she often had +twenty-five ecstasies a day, while others passed years in bed, dissolved +in divine love;[5] and Richard Rolle, the Hermit of Hampole, who missed +his deserved canonization, was fully acquainted with the superhuman +delights of union with God.[6] These spiritual marvels are reduced to +the common-places of psychology by modern researches into hypnotism and +auto-suggestion. The connection is well illustrated by the Umbilicarii, +the pious monks of Mount Athos who, by prolonged contemplation of their +navels, found their souls illuminated with light from above.[7] + +[Sidenote: _IMPECCABILITY_] + +Yet there were dangers in the pursuit of the _via purgativa_ and the +_via illuminativa_. The followers of Amaury of Bène, who came to be +popularly known in Germany as Begghards and Beguines, invented the term +Illuminism to describe the condition of the soul suffused with divine +light and held that any one, thus filled with the Holy Ghost, was +impeccable, irrespective of the sins which he might commit; he was +simply following the impulses of the Spirit which can do no sin. Master +Eckhart, the founder of German mysticism, was prosecuted for sharing in +these venturesome speculations and, if the twenty-eight articles +condemned by John XXII were correctly drawn from his writings, he +admitted the common divinity of man and God and that, in the sight of +God, sin and virtue are the same.[8] Zealots too there were who taught +the pre-eminent holiness of nudity and, in imitation of the follies of +early Christian ascetics, assumed to triumph over the lusts of the flesh +by exposing themselves to the crucial temptation of sleeping with the +other sex and indulging in lascivious acts.[9] The condemnation, by the +Council of Vienne in 1312, of the tenets of the so-called Begghards +respecting impeccability[10] was carried into the body of canon law and +thus was rendered familiar to jurists, when mysticism came to be +regarded as dangerous and was subjected to the Inquisition. + +That it should eventually be so regarded was inevitable. The mystic, who +considered himself to be communing directly with God and who held +meditation and mental prayer to be the highest of religious acts, was +apt to feel himself released from ecclesiastical precepts and to regard +with indifference, if not with contempt, the observances enjoined by the +Church as essential to salvation. If the inner light was a direct +inspiration from God, it superseded the commands of the Holy See and, +under such impulse, private judgement was to be followed, irrespective +of what the Church might ordain. In all this there was the germ of a +rebellion as defiant as that of Luther. Justification by faith might not +be taught, but justification by works was cast aside as unworthy of the +truly spiritual man. The new Judaism, decried by Erasmus, which relied +on external observances, was a hindrance rather than a help to +salvation. Francisco de Osuna, the teacher of Santa Teresa, asserts that +oral prayer is a positive injury to those advanced in mental prayer.[11] +San Juan de la Cruz says that church observances, images and places of +worship are merely for the uninstructed, like toys that amuse children; +those who are advanced must liberate themselves from these things which +only distract from internal contemplation.[12] San Pedro de Alcántara, +in his enumeration of the nine aids to devotion, significantly omits all +reference to the observances prescribed by the Church.[13] In an +ecclesiastical establishment, which had built up its enormous wealth by +the thrifty exploitation of the text "Give alms and behold all things +are clean unto you" (Luke, XI, 41), Luis de Granada dared to teach that +the most dangerous temptation in the spiritual life is the desire to do +good to others, for a man's first duty is to himself.[14] Yet these men +were all held in the highest honor, and two of them earned the supreme +reward of canonization. + +There was in this a certain savor of Lutheranism, but it was not until +the danger of the latter was fully appreciated that the Inquisition +awoke to the peril lurking in a system which released the devotee from +the obligation of obedience to authority, as in the _Alumbrado_ or +Illuminated, who recognized the supremacy of the internal light, and the +_Dejado_ or Quietist, who abandoned himself to God and allowed free +course to the impulses suggesting themselves in his contemplative +abstraction, with the corollary that there could be no sin in what +emanated from God. The real significance of that which had been current +in the Church for so many centuries was unnoticed until Protestantism +presented itself as a threatening peril, when the two were classed +together, or rather Protestantism was regarded as the development of +mysticism. In the letter of September 9, 1558, to Paul IV, the +Inquisition traced the origin of the former in Spain farther back than +to Doctor Egidio and Don Carlos de Seso; the heresies of which Maestro +Juan de Oria (Olmillos?) was accused and of those called Alumbrados or +Dejados of Guadalajara and other places, were the seed of these Lutheran +heresies, but the inquisitors who tried those heretics were +insufficiently versed in Lutheranism to apply the proper vigor of +repression.[15] It is necessary to bear all this in mind to understand +the varying attitude of the Inquisition in its gradual progress towards +the condemnation of all mysticism. + +[Sidenote: _CONTEMPT FOR THEOLOGY_] + +The distinction at first attempted between the mysticism that was +praiseworthy and that which was dangerous was complicated by the +recognized fact that, while visions and revelations and ecstasies might +be special favors from God, they might also be the work of demons, and +there was no test that could be applied to differentiate them. The +Church was in the unfortunate position of being committed to the belief +in special manifestations of supernatural power, while it was +confessedly unable to determine whether they came from heaven or from +hell. This had long been recognized as one of the most treacherous +pitfalls in the perilous paths of illumination and union with God. As +early as the twelfth century, Richard of St. Victor warns his disciples +to beware of it, and Aquinas points out that trances may come from God, +from the demon or from bodily affections.[16] John Gerson wrote a +special tractate in which he endeavored to frame diagnostic rules.[17] +The Blessed Juan de Avila emphatically admonishes the devout to beware +of such deceptions, but he fails to guide them in discriminating between +demonic illusions and the effects of divine grace.[18] Arbiol describes +the uncertainty as to the sources of these manifestations as the +greatest danger besetting the path of perfection, causing the ruin of +innumerable souls.[19] When, in the eighteenth century, mysticism had +become discredited, Dr. Amort argues that, even if a revelation is from +God, there can be no certainty that it is not falsified by the operation +of the fancy or the work of the demon.[20] When to this we add the +facility of imposture, by which a livelihood could be gained from the +contributions of the credulous, we can appreciate the difficulty of the +task assumed by the Inquisition, in a land swarming with hysterics of +both sexes, to restrain the extravagance of the devout and to punish the +frauds of impostors, without interfering with the ways of God in guiding +his saints. It is merely another instance of the failure of humanity in +its efforts to interpret the Infinite. + +Apart from visions and revelations, there was another feature of +mysticism which rendered it especially dangerous to the Church and +odious to theologians. Though the mystic might not controvert the +received doctrines of the faith, yet scholastic theology, on which they +were founded, was to him a matter of careless contempt. Mystic theology, +says Osuna, is higher than speculative or scholastic theology; it needs +no labor or learning or study, only faith and love and the grace of +God.[21] In the trial of María Cazalla, one of the accusations was that +she and her brother Bishop Cazalla ridiculed Aquinas and Scotus and the +whole mass of scholastic theology.[22] When Gerónimo de la Madre de Dios +was on trial, one of his writings produced in evidence was a comparison +between mystic and scholastic theology, to the great disadvantage of the +latter. Its learning, he says, is perfectly compatible with vice; its +masters preach the virtues but do not practise them; they wallow in the +sins that they denounce; they are Pharisees, and this is so general a +pest that there is scarce one who is not infected with the +contagion.[23] + + * * * * * + +[Sidenote: _COMMENCEMENT OF PERSECUTION_] + +Medieval Spain had been little troubled with mystic extravagance. +Eymerich who, in his _Directorium Inquisitorum_, gives an exhaustive +account of heresies existing towards the close of the fourteenth +century, makes no allusion to such errors, except in his denunciation of +his special object of hatred Raymond Lully, to whom he attributes some +vagaries of mystic illuminism, and the _Repertorium Inquisitorum_ of +1494 is equally silent.[24] Spiritual exaltation, however, accompanied +the development of the fanaticism stimulated by the establishment of the +Inquisition and its persecution of Jews and Moors. Osuna, in 1527, +alludes to a holy man who for fifty years had devoted himself to +_recojimiento_, or the abstraction of mental prayer, and already, in +1498, Francisco de Villalobos complains of the _Aluminados_ or +Illuminati, derived from Italy, of whom there were many in Spain, and +who should be reduced to reason by scourging, cold, hunger and +prison.[25] This indicates that mysticism was obtaining a foothold and +its spread was facilitated by the _beatas_, women adopting a religious +life without entering an Order, or at most simply as Tertiaries, living +usually on alms and often regarded as possessing spiritual gifts and +prophetic powers. The first of the class to obtain prominence was known +as the _Beata de Piedrahita_. A career such as hers was common enough +subsequently, as we shall see, and the discussion which she aroused +shows that as yet she was a novel phenomenon. The daughter of a fanatic +peasant, she had been carefully trained in mystic exercises and was +wholly given up to contemplative abstraction, in which she enjoyed the +most intimate relations with God, in whose arms she was dissolved in +love. Sometimes she asserted that Christ was with her, sometimes that +she was Christ himself or the bride of Christ; often she held +conversations with the Virgin in which she spoke for both. As her +reputation spread, her visions and revelations won for her the character +of a prophetess. Many denounced them as superstitious and demanded her +suppression, but Ximenes who, as inquisitor-general, had jurisdiction +in the matter, argued that she was inspired with divine wisdom and +Ferdinand, who visited her, expressed his belief in her inspiration. In +1510 the matter was referred to the Holy See, and Julius II appointed +his nuncio, Giovanni Ruffo, and the Bishops of Burgos and Vich, as +commissioners to examine her and to suppress the scandal if it proved to +be only female levity. Peter Martyr, to whom we are indebted for the +account, was unable to ascertain their decision but, as they discharged +her without reproof, it may be assumed that their report was favorable, +for it could scarce have been otherwise with such supporters as +Ferdinand and Ximenes.[26] Such success naturally stimulated imitation +and was the foreshadowing of wide-spread delusion and imposture. + +In this case there appears no trace of carnality, but it is the +distinguishing feature of another soon afterwards, reported in 1512 to +Ximenes by Fray Antonio de Pastrana, of a contemplative fraile of Ocaña +"illuminated with the darkness of Satan." To him God had revealed that +he should engender on a holy woman a prophet who should reform the +world. He was a spiritual man, not given to women and, in his +simplicity, he had written to Madre Juana de la Cruz, apparently +inviting her coöperation in the good work. Fray Antonio, who was +custodian of the Province of Castile, imprisoned the alumbrado and +subjected him to treatment so active that he speedily admitted his +error.[27] + +Guadalajara and Pastrana were becoming centres of a group of mystics who +attracted the attention of the Inquisition about 1521, when it commenced +gathering testimony about them. The earliest disseminator of the +doctrine appears to have been a sempstress named Isabel de la Cruz, +noted for her ability in the exposition of Scripture, who commenced +about 1512 and was a leader until superseded by Francisca Hernández, of +whom more hereafter. The Seraphic Order of St. Francis naturally +furnished many initiates, whose names are included among the fifty or +sixty forming the group. The Franciscan Guardian of Escalona, Fray Juan +de Olmillos, had ecstasies when receiving the sacrament and when +preaching, in which he talked and acted extravagantly. When removed to +Madrid, this attracted crowds to watch his contortions and he was +generally regarded as a saint; he was promoted to the provincialate of +Castile and died in 1529. The Marquis of Villena, at Escalona, was +inclined to mysticism, induced perhaps by Fray Francisco de Ocaña, who +was stationed there and had prophetic visions of the reform of the +Church. Villena, in 1523, employed as lay-preacher Pedro Ruiz de +Alcaraz, one of the most prominent of the Guadalajara mystics, who seems +to have converted all the members of the household. The name of Alcaraz +appears frequently in the trials of the group; he was a married layman, +uneducated but possessing remarkable familiarity with Scripture and +skilled in its exposition, and he was an earnest missionary of +mysticism. When sufficient evidence against him was accumulated, he was +arrested February 26, 1524, and imprisoned by the Toledo tribunal. The +formal accusation, presented October 31st, indicates that the mysticism, +of at least some of the accused, embraced Quietism or _Dejamiento_ to +the full extent, with its consequent assumption of impeccability, no +matter what might be the acts of the devotee, that mental prayer was the +sole observance necessary, that all the prescriptions of the +Church--confession, indulgences, works of charity and piety--were +useless, and that the conjugal act was Union with God. There was also +the denial of transubstantiation and of the existence of hell, which may +probably be left out of account as foreign to the recognized tenets of +mysticism. The latter, in fact, was presumably an exaggeration of an +utterance of Alcaraz, who said that it was the ignorant and children who +were afraid of hell, for the advanced served the Lord, not from servile +fear but from fear of offending Him whom they loved, and moreover that +God was not to be prayed to for anything--principles subsequently +approved in S. François de Sales and condemned in Fénelon. There was no +spirit of martyrdom in Alcaraz, and the severe torture to which he was +exposed would seem a superfluity. He confessed his errors, professed +conversion and begged for mercy. His sentence, July 22, 1529, recited +that he had incurred relaxation but through clemency was admitted to +reconciliation with confiscation, irremissible prison and scourging in +Toledo, Guadalajara, Escalona and Pastrana, where he had disseminated +his errors. This severity indicates the inquisitorial estimate of the +magnitude of the evil to be suppressed but, after ten years, on February +20, 1539, the Suprema liberated him, with the restriction of not leaving +Toledo and the imposition of certain spiritual exercises.[28] + +[Sidenote: _FRANCISCA HERNANDEZ_] + +In the ensuing trials, pursued with customary inquisitorial +thoroughness, the question of sexual aberrations constantly obtrudes +itself and offers no little complexity. That the majority of the Spanish +mystics were thoroughly pure in heart there can be no doubt, but +spiritual exaltation, shared by the two sexes, had the ever-present risk +that it might insensibly become carnal, when those who fancied +themselves to be advancing in the path of perfection might suddenly find +that the flesh had deceived the spirit. This was an experience as old as +mysticism itself, and the eloquent warning which St. Bonaventura +addressed to his brethren shows, by the vividness of its details, that +he must have witnessed more than one such fall from grace.[29] The +danger was all the greater in the extreme mysticism known as Illuminism, +with its doctrines of internal light, of Dejamiento, or abandonment to +impulses assumed to come from God, and of the impeccability of the +advanced adept, combined with the test of continence. Unquestionably +there were cases in which these aberrations were honestly entertained; +there were numerous others in which they were assumed for purposes of +seduction, nor can we always, from the evidence before us, pronounce a +confident judgement. + +Of the trials which have seen the light several centre around the +curious personality of Francisca Hernández, who succeeded Isabel de la +Cruz as the leader of the mystic disciples. She seems to have possessed +powers of fascination, collecting around her devotees of the most +diverse character. We have seen how she entangled Bernardino de Tovar +and how his brother, Juan de Vergara, became involved with the +Inquisition, after detaching him from her. Francisco de Osuna, the +earliest Spanish writer on mysticism and the teacher of Santa Teresa, +was one of her disciples and so was Francisco Ortiz, a Franciscan of the +utmost purity of heart. A devotee of a different stamp was Antonio de +Medrano, cura of Navarrete, who had made her acquaintance in 1516 when a +student at Salamanca. She was attractive and penniless but, through a +long career, she always managed to live in comfort at the expense of her +admirers. Though she claimed to be a bride of Christ, she practised no +austerities; she was fastidious in her diet and slept in a soft bed, +which she had no scruple in sharing with her male devotees. This +required funds and she and Medrano persuaded an unlucky youth named +Calero to sell his patrimony and devote the proceeds to support the +circle of Alumbrados whom she gathered around her. The episcopal +authorities commenced investigations, ending with a sentence of +banishment on Medrano, when the pair betook themselves to Valladolid, +whither Tovar followed them, and where the Inquisition commenced +proceedings in 1519; it was as yet not aroused to dealing harshly with +these eccentric forms of devotion, and it merely forbade him and Tovar +from further converse with Francisca; this they eluded, the tribunal +insisted and Medrano went to his cure at Navarrete. She was kept under +surveillance, but her reputation for holiness was such that Cardinal +Adrian, after his election to the papacy, in 1522, ordered his secretary +Carmona to ask her prayers for him and for the whole Church. + +[Sidenote: _FRANCISCA HERNANDEZ_] + +In 1525 the Inquisition again arrested her; she was accused of +suspicious relations with men and, when discharged, was obliged to swear +that she would permit no indecent familiarities. Meanwhile Medrano, at +Navarrete continued his career as an Alumbrado, holding conversations +with the Holy Ghost and declaring himself to be impeccable. In 1526 the +Logroño tribunal arrested him and, after nearly eighteen months, he was +discharged June 4, 1527, with the lenient sentence of abjuration _de +levi_ and such spiritual penance as might be assigned to him. This +escape emboldened him to greater extravagance and to renewed devotion to +Francisca, leading to another prosecution, in 1530, by the Toledo +tribunal. There was evidence of highly indecent character as to their +relations, but he stoutly denied it, asserting that he was so favored by +God that all the evil women in the world and all the devils in hell +could not move him to carnal sin--a grace which came to him after he +knew Francisca; he could lie in bed with a woman without feeling desire +and it gave him grace to do so with Francisca and to fondle and embrace +her, which she enjoyed; he believed her to be free from both mortal and +venial sin, and he held her to be a greater saint than any in heaven +except Our Lady. Under torture, however, he confessed whatever was +wanted--that when he told people that she could not sin, because she was +illuminated by the Holy Ghost, it was to spread her reputation and gain +money for them both; that he was jealous of all her other disciples, +among whom he named Valderrama, Diego de Villareal, Muñoz, Cabrera, +Gumiel, Ortiz and Sayavedra and his brother, showing that she had a +numerous following. He admitted teaching that male and female devotees +could embrace each other naked, for it was not clothes but intention +that counted. By this time the Inquisition was dealing harshly with +these aberrations, and his sentence, April 21, 1532, excused him from +relaxation as an incorrigible heretic because he was only a hypocritical +swindler whose object was to raise money for a life of pleasure; he was +to retract his propositions in an auto de fe, to abjure _de vehementi_ +and to be recluded for life in a monastery, with two years' suspension +from his sacerdotal functions, and was to hold no further communication +with Francisca, under pain of impenitent relapse, but he was not +deprived of his cure of Navarrete. In 1537 the Duke of Nájera interceded +for his release, with what result the records fail to inform us.[30] + +Francisca's strange powers of fascination were manifested by the +influence which she acquired over a man of infinitely higher character +than Medrano. Fray Francisco Ortiz was the most promising member of the +great Franciscan Order, who was rapidly acquiring the reputation of the +foremost preacher in Spain. He was not fully a mystic, but his pulpit +exhortations, stimulating the love of God, caused him to be regarded as +wandering near to the dangerous border. In 1523 he made the acquaintance +of Francisca and his feelings towards her are emphatically expressed in +a defiant declaration to the Inquisition during his trial.--"No word of +love, however strong, is by a hundredth part adequate to describe the +holy love, so pure and sweet and strong and great and full of God's +blessing and melting of heart and soul, which God in his goodness has +given me through His holy betrothed, my true Mother and Lady, through +whom I hope, at the awful Day of Judgement, to be numbered among the +elect. I can call her my love for, in loving her, I love nothing but +God." There can be no doubts as to the purity of his relations with her +whom he thus reverenced, but they were displeasing to his superiors who +viewed with growing disquiet the distraction of one whom they regarded +as a valuable asset of the Order. It was in vain that he was ordered to +break off all relations with her; he replied vehemently that God was to +be obeyed rather than man and that if he was to be debarred from seeing +that beloved one of God he would transfer himself to the Carthusians. To +effect the separation the Franciscan prelates induced the Inquisition to +arrest Francisca, but the unexpected result of this was that Ortiz, in +a sermon before all the assembled magnates of the city April 7, 1529, +arraigned the Inquisition for the great sin committed in her arrest. +Such revolt was unexampled and he was forthwith prosecuted, not so much +to punish him as to procure his retractation and submission, but he was +obstinate and defiant for nearly three years. It was in vain that the +Empress Isabel twice, in 1530, urged his liberation or the expediting of +his case, and equally vain was a brief of Clement VII, July 1, 1531, to +Cardinal Manrique, asking his discharge if his only offence was his +public denunciation of the arrest of that holy woman, Francisca +Hernández.[31] At length, in April 1532, Ortiz experienced a revulsion +of feeling, and the same emotional impulsiveness that had led to his +outbreak now prompted him to declare that God had given him the grace to +recognize his errors and that he found great peace in retracting them. +He escaped with public abjuration _de vehementi_, five years' suspension +from priestly functions, two years' confinement in a cell of the convent +of Torrelaguna, and absolute sundering of relations with Francisca. He +betook himself to his place of reclusion and, although papal briefs +released him from all restrictions and his prelates repeatedly urged him +to leave his retreat, he seems never to have abandoned the solitude +which he said had become sweet to him. Until his death, in 1546, he +remained in the convent, the object of overflowing honor on the part of +his brethren.[32] + +[Sidenote: _CONNECTION WITH PROTESTANTISM_] + +Francisca herself seems to have been treated with remarkable leniency, +in spite of her previous trials and the evidence of Medrano. Her arrest +had been merely with the object of separating her from Ortiz, and her +trial seems to have been scarce more than formal for, in September 1532, +we find her merely detained in the house of Gutierre Pérez de Montalvo, +at Medina del Campo, with her maid María Ramírez in waiting on her.[33] +Possibly this favor may have been earned by her readiness to accuse her +old friends and associates, among whom were two brothers and a sister, +Juan Cazalla, Bishop of Troy _in partibus_, Pedro Cazalla and María +Cazalla, wife of Lope de Ruida.[34] The trial of the latter is worth +brief reference as it throws some light on the confusion existing at the +time between Illuminism and Protestantism. + +María Cazalla was a resident of Guadalajara who visited Pastrana, where +women assembled to listen to her readings and expositions of Scripture. +When proceedings were commenced against the group, in 1524, she was +arrested and examined but was discharged. For six years she remained +undisturbed, when the testimony of Francisca Hernández caused a second +prosecution, in which the heterogeneous character of the fiscal's +accusation shows how little was understood as to the heresies under +discussion. She was a Lutheran who praised Luther, denied +transubstantiation and free-will, ridiculed confession, decried +scholastic theology and held indulgences as valueless; she was an +Alumbrada who regarded Isabel de la Cruz as superior to St. Paul, who +rated matrimony higher than virginity, who wrote letters full of +Illuminism and taught the Alumbrados their doctrines from Scripture, +decrying external works of adoration and prayer; she was an Erasmist who +pronounced Church observances to be Judaism, despised the religious +Orders and ridiculed the preachers of sermons.[35] She had been arrested +about May 1, 1532, and her trial dragged on as usual. As a solvent of +doubts she was tortured smartly and, on December 19, 1534, her sentence +pronounced that the fiscal had not proved her to be a heretic but that, +for the suspicions arising from the trial, she should abjure de levi and +undergo solemn public penance in her parish church, she should avoid all +intercourse with Alumbrados or other suspects and pay a fine of a +hundred ducats.[36] + +An affiliated group comes before us in Toledo, centering around +Petronila de Lucena, an unmarried woman of 25, living with her brother, +Juan del Castillo. She had a high reputation for sanctity and was +credited with thaumaturgic powers; when the Duke del Infantazgo was +mortally ill, she was sent for, but too late. We hear of María Cazalla, +Bernardino de Tovar and Francisca Hernández; there are allusions to +Erasmus, and Diego Hernández had included her in his denunciations of +Lutheranism. Letters to her from her brother, Gaspar de Lucena, are mere +mystical maunderings, showing the atmosphere in which they lived, but +the other brother, Juan del Castillo, then on trial, admitted many +Lutheran doctrines--works were not necessary, Church precepts were not +binding, man had not free-will, indulgences were useless and a book by +OEcolampadius had led him to disbelieve in transubstantiation. Both +Juan and Gaspar were on trial, and we hear of another prisoner, Catalina +de Figueredo. Petronila was arrested, with sequestration, May 7, 1534, +and her trial pursued the ordinary course until March 20, 1535, when, as +we have seen (Vol. III, p. 111), it was decided that, as the principal +witness against her, Juan del Castillo, had revoked the evidence given +under torture, she might be released on bail of a hundred thousand +maravedís, which was promptly entered. In June she petitioned to be +wholly discharged and that the sequestration be lifted; to this no +attention was paid but a second application, October 20, 1536 procured +the removal of the sequestration. Gaspar de Lucena was sentenced to +reconciliation and this was presumably the fate of Juan del Castillo +unless he was impenitent.[37] + +[Sidenote: _PERVADING SUSPICION_] + +These cases show that the prevalence of the mingled heresies of +Illuminism and Lutheranism was calling for repression, nor was this +confined to Castile. In 1533, Miguel Galba, fiscal of the tribunal of +Lérida, in a letter to Cardinal Manrique, declared that only the +vigilance of the Inquisition prevented both kingdoms from being filled +with the followers of the two heresies.[38] There was of course +exaggeration in this, but the fears of the authorities led them to see +heresies everywhere. As Juan de Valdés, himself inclined to mysticism, +says, when any one endeavored to manifest the perfection of +Christianity, his utterances were misinterpreted and he was condemned as +a heretic, so that there was scarce any one who dared to live as a +Christian.[39] Many suffered from the results of this hyper-sensitiveness. +When Ignatius Loyola, after his conversion, came in 1526 to Alcalá to +study, he was joined by four young men; they assumed a peculiar gray +gown and their fervor brought many to the Hôpital de la Misericordia, +where they lodged, to consult with them and join in their spiritual +exercises. This excited suspicion and invited investigation. What was +the exact authority of Doctor Miguel Carrasco, confessor of Fonseca +Archbishop of Toledo, and of Alonso Mexia, who bore a commission +as inquisitor, does not appear, but they examined witnesses and the +sentence rendered by the Vicar-general, Juan Rodríguez de Figueroa, +was merely that the associates should lay aside their distinctive +garments. After this the number who went to listen to Loyola continued +to increase, and the women had a fashion of falling in convulsions, +there was nothing of illuminism in his exhortations, but he was open to +suspicion, and it was inadmissible that a young layman should assume +the function of a director of souls. This time it was Vicar-general +Figueroa who took the matter in hand and threw Loyola into prison, in +1527, finally sentencing him and his companions not to appear in public +until they had assumed the ordinary lay garments, nor for three years +to hold assemblages public or private and then only with permission of +the Ordinary.[40] It was this experience that drove Loyola to complete +his studies in Paris, where he was not subject to the intrusion of +excitable devotees. + +Carranza offered a mark too vulnerable to be spared. He was inclined to +mysticism, and there were many passages in his unfortunate _Comentarios_ +which, separated from their context, afforded material for reprehension. +The keen-sighted Melchor Cano was able to cite isolated texts to prove +that he held the alumbrado doctrines of impeccability, of interior +illumination, of the supreme merits of contemplation, of despising all +exterior works and observances--in short that he defended the errors of +the Begghards and Beguines, of Pedro Rúiz Alcaraz and of the Alumbrados +who figured in the autos of Toledo.[41] It is significant of the +advanced position of Spanish orthodoxy on the subject of mysticism that +these accusations had no weight with the Council of Trent, which +approved the Comentarios, nor with Pius V, when he permitted the +publication of the book in Rome. When, at last in 1576, Gregory XIII +yielded and condemned the book and its author, of the sixteen +propositions which he was required to abjure only three bore any +relation to mysticism, and these were on the border line between it and +Protestantism--that all works without charity are sins and offend God, +that faith without works suffices for salvation, and that the use of +images and veneration of relics are of human precept.[42] + +[Sidenote: _SANCTITY OR HERESY_] + +In this inquisitorial temper it was a matter of chance whether a +devotional writer should be canonized or condemned and mayhap both might +befall him, as occurred to San Francisco de Borja, whose _Obras del +Cristiano_ was put on the Index of 1559, though it disappeared after +that of Quiroga in 1583.[43] Santa Teresa herself, the queen of Spanish +mystics and, along with Santiago, the patron saint of Spain, was +confined in a convent by the Nuncio Sega, who denounced her as a +restless vagabond, plunged in dissipation under pretext of religion, and +an effort was made to transport her to the Indies, which were a sort of +penal settlement. But for the accident that Philip II became interested +in her, she would probably have come down to us as one of the _beatas +revelanderas_ whom it was the special mission of the Inquisition to +suppress. When, in 1575, she founded a convent of her Barefooted +Carmelites in Seville, they were denounced as _Alumbradas_; the +inquisitors created a terrible scandal by going to the house with the +guards to investigate, but they could substantiate nothing to justify +prosecution. So, when in 1574 her spiritual autobiography was denounced +to the Inquisition, it was held for ten years in suspense, and the +Duchess of Alva, who possessed a MS. copy, was obliged to procure a +licence to read it in private until judgement should be +rendered--although finally, in 1588, it was printed by Fray Luis de Leon +at the special request of the empress. Even after canonization her +_Conceptos del Amor divino_, when printed with the works of her disciple +Jerónimo Gracian, were put on the Index and remained there.[44] Her most +illustrious disciple, San Juan de la Cruz, escaped prosecution, though +repeatedly denounced to the Inquisition, and his writings were not +forbidden, but he was most vindictively persecuted as an Alumbrado, +first by his unreformed Carmelite brethren and then by the Barefooted +Order, and he ended his days in disgrace, recluded in a convent in the +Sierra Morena.[45] Yet Francisco de Osuna, the preceptor of Santa +Teresa, although his writings are of the highest mysticism, escaped +persecution himself, and his _Abecedario Spiritual_ incurred only a +single expurgation.[46] + +The Venerable Luis de Granada was not canonized, for the proceedings +were never completed. He was one of the most moderate of those who +taught the supreme virtues of _recojimiento_ and his _Guia de Pecadores_ +ranks as one of the Spanish classics, yet his works were prohibited in +the Index of 1559.[47] Melchor Cano declared that his books contained +doctrines of Alumbrados and matters contrary to the faith, while Fray +Alonso de la Fuente, who was a vigorous persecutor of illuminism, +endeavored to have him prosecuted and pronounced his _De la Oracion_ the +worst of the books which presented these errors so subtly that only the +initiated could discover them. It illustrates the difference between +Spanish and Roman standards, at this period, that his writings were +translated and freely current in many languages and that, in 1582, +Gregory XIII wrote to him eulogizing them in the most exuberant terms +and urging him to continue his labors for the curing of the infirm, the +strengthening of the weak, the comfort of the strong and the glory of +both Churches, the militant and the triumphant. When he died, in 1588, +it was in the odor of sanctity, and he subsequently appeared to a +devotee arrayed in a cloak of glory, glittering with innumerable stars, +which were the souls of those saved by his writings.[48] + +Ignatius Loyola was inclined to mysticism, and the mental prayer which +he taught--the _Ejercicio de las tres Potencias_ or exercise of the +memory, intellect and will--differed little from the meditation which, +with the mystics, was the prelude to contemplation.[49] Yet he was +sceptical as to special graces vouchsafed to mystic ardor; such things +were possible, he said, but they were very rare and the demon often thus +deludes human vanity.[50] His disciples were less cautious and indulged +in the extravagance of the more advanced school, producing many adepts +gifted with the highest spiritual graces. Luis de la Puente, who died in +1624, at the age of 69 may be mentioned as an example, for in him the +intensity of divine love was so strong that in his ecstasies he shone +with a light that filled his cell; he would be elevated from the floor +and the whole building would shake as though about to fall; during his +sickness, which lasted for thirty years, angels were often seen +ministering to him; he had the gift of prophecy and of reading the +thoughts of his penitents and, when he died, his garments were torn to +shreds and his hair cut off to be preserved as relics. He taught the +heretical doctrine that prayer is a satisfaction for sin, while his +views as to resignation to the will of God approach closely to the +Quietism which we shall hereafter see condemned by the Holy See. Yet he +escaped condemnation and his works have continued to the present time to +be multiplied in innumerable editions and translations.[51] + +It was probably the impossibility of differentiation between heresy and +sanctity that explains the vacillation of the Inquisition. During the +active proceedings of the Toledo tribunal, the Suprema, in 1530, issued +general instructions that there should be appended to all edicts +requiring denunciation of prohibited books a clause including mystics +given to Illuminism and Quietism.[52] There seem to be no traces of any +result from this and the whole matter appears to have ceased to attract +attention for many years, until the animosity excited by the Jesuits led +to an investigation of the results of their teachings. Melchor Cano, who +hated them, denounced them as Alumbrados, such as the Devil has +constantly thrust into the Church, and he foretold that they would +complete what the Gnostics had commenced.[53] + +[Sidenote: _THE JESUITS_] + +The warning was unheeded and, some ten years later, another Dominican, +Fray Alonso de la Fuente, was led to devote himself to a mortal struggle +with Illuminism, and with the Society of Jesus as its source. In a long +and rambling memorial addressed, in 1575, to Philip II, he relates that, +in 1570, he chanced to visit his birth-place, la Fuente del Maestre, +near Cuidad Rodrigo, and found there a Jesuit, Gaspar Sánchez, highly +esteemed for holiness, but who was blamed for perpetually confessing +certain beatas and granting daily communion. Sánchez appealed to him for +support and he preached in his favor, which brought to him numerous +beatas, whose revelations of their ecstasies and other spiritual +experiences surprised him greatly. This led him to investigate, when he +found that the practice of contemplation was widely spread, but its +inner secrets were jealously guarded, until he persuaded a neice of his, +a girl of 17, to reveal them. She said that her director ordered her to +place herself in contemplation with the simple prayer, "Lord I am here, +Lord you have me here!" when there would come such a flood of evil +thoughts, of filthy imaginings, of carnal movements, of infidel +conceptions, of blasphemies against God and the saints and the purity of +the Mother of God, and against the whole faith, that the torment of them +rendered her crazy, but she bore it with fortitude, as her director told +her that this was a sign of perfection and of progress on the path.[54] + +Thenceforth Fray Alonso devoted himself to the task of investigating and +exterminating this dangerous heresy, but the work of investigation was +complicated by the concealment of error under external piety. Before +discovering a single false doctrine, we meet, he says, a thousand +prayers and disciplines and communions and pious sighs and devotions. It +is like sifting gold out of sand; to reach one heresy you must winnow +away a thousand pious works. So it is everywhere in Spain where there +are Jesuits and thus we see what great labor is required to overcome it, +since there are not in the kingdom three inquisitors who understand it +or have the energy and requisite zeal. Yet he penetrated far enough into +it, after sundry prosecutions, to draw up a list of thirty-nine errors, +some of which, like those ascribed to witchcraft, suggest the influence +of the torture-chamber in extracting confessions satisfactory to the +prosecutor. Not only are the adepts guilty of all the heresies of the +Begghards, condemned in the Clementines, and of teaching that mental +prayer is the sole thing requisite to salvation, but the teachers are +great sorcerers and magicians, who have pact with the demon, and thus +they make themselves masters of men and women, their persons and +property, as though they were slaves. They train many saints, who feel +in themselves the Holy Ghost, who see the Divine Essence and learn the +secrets of heaven; who have visions and revelations and a knowledge of +Scripture, and all this is accomplished by means of the demon, and by +magic arts. By magic, they gain possession of women, whom they teach +that it is no sin, and sometimes the demon comes disguised as Christ and +has commerce with the women. + +If Fray Alonso found it difficult to inspire belief in these horrors, it +is easily explicable by his account of the origin of the sect in +Extremadura, the region to which his labors were devoted. When Cristóbal +de Rojas was Bishop of Badajoz (1556-1562) there came there Padre +González, a Jesuit of high standing, who introduced the use of Loyola's +_Exercicios_; there were already there two priests, Hernando Alvarez and +the Licentiate Zapata, who were familiar with it, and the practice +spread rapidly, under the favor of the bishop and his provisor Meléndez, +and none who did not use it could be ordained, or obtain licence to +preach and hear confessions, for the bishop placed all this in the hands +of Alvarez; and when he was translated to Córdova (1562-1571) and +subsequently to Seville (1571-1580) he continued to favor the +Alumbrados. He was succeeded in Badajoz (1562-1568) by Juan de Ribera, +subsequently Archbishop of Valencia, who was at first adverse to the +Alumbrados, but they won him over, and he became as favorable to them as +Rojas had been, especially to the women, whose trances and stigmata he +investigated and approved and rewarded. If any preacher preached against +Illuminism, Ribera banished him and, under this protection, the sect +multiplied throughout Extremadura. It is true that Bishop Simancas, who +succeeded Ribera (1569-1579) was not so favorable, and his provisor, +Picado, at one time prosecuted a number of Alumbrados, who took refuge +in Seville under Rojas, among whom was Hernando Alvarez, but the Llerena +tribunal took no part in this and the great body of the sect was +undisturbed. + +[Sidenote: _THE JESUITS_] + +It is easy to conceive, therefore, the obstacles confronting Fray +Alonso, when he commenced his crusade in 1570. He relates at much length +his labors, against great opposition, especially of the Jesuits, and he +found no little difficulty in arousing the Llerena inquisitors to +action, for they said that it was a new matter and obscure, which +required instructions from the Suprema. It is true that, in February +1572, they lent him some support and made a few arrests, but nothing +seems to have come of it. He wished to go to Madrid and lay the matter +before the Suprema, but his superiors, who apparently disapproved of his +zeal, sent him, in October 1572, to Avila, to purchase lumber, and then +to Usagre, to preach the Lenten sermons of 1573. After this his prior +despatched him to Arenas about the lumber, and it was a providence of +God that this business necessitated action by the Council of Military +Orders, so that he had an excuse for visiting Madrid. There he sought +Rodrigo de Castro--the captor of Carranza--to whom he complained of the +negligence and indifference of the Llerena inquisitors, and gave a +memorial reciting the errors of the Alumbrados. This resulted in the +Suprema sending for the papers, on seeing which it ordered the arrest of +the most guilty, when Hernando Alvarez, Francisco Zamora and Gaspar +Sánchez were seized in Seville, where they had taken refuge. This +produced only a momentary effect in Extremadura, where the Alumbrados +comforted themselves with the assurance that their leaders would be +dismissed with honor. + +It had been proposed to remove the tribunal from Llerena to Plasencia, +where houses had been bought for it, but, early in 1574, Fray Alonso +remonstrated with the inquisitor-general, pointing out that the land was +full of Alumbrados, many of them powerful, and what preaching had been +done against them, under the protection of the Inquisition, would be +silenced if it was removed. This brought a summons and in May he +appeared before the Suprema, where his revelations astonished the +members and they asked his advice. He urged a visitation of the +district, to be made by the fiscal Montoya, who had studied the matter +and understood it, while the inquisitors did not comprehend the subtile +mysteries and distinctions involved. It was so ordered, and Montoya +commenced his visitation at Zafra, where, on July 25th he published the +Edict of Faith, and a special one against Illuminism and Quietism. At +first he was much disconcerted in finding among the Alumbrados nothing +but fasts and disciplines, prayers, contemplation, hair-shirts, +confessions and communions or, if traces appeared of evil doctrines, so +commingled with the words of God and the sacraments that evil was +concealed in good. Fray Alonso however encouraged him to investigate the +lives and conversation of those who enjoyed trances and visions and the +stigmata, when it became evident that all was magic art, the work of +Satan and of hell. For four months Montoya gathered information and sent +the papers to the Suprema, which ordered the arrest with sequestration +of five persons, four of the adepts and a female disciple. Towards the +close of December he returned to Llerena, to resume the visitation in +March, 1575. During the interval Fray Alonso was summoned to Madrid, +where he was ordered to accompany Montoya, and the inquisitors were +instructed to pay him a salary; this at first they refused to do and +then assigned him four reales a day for each day on which he should +preach, but the Suprema intervened with an order on the receiver to pay +him a certain sum that would enable him to perform the duty. The +visitation lasted from March till the beginning of November, and +comprised sixteen places, in which Fray Alonso tells us that there were +found great errors and sins. Unfortunately he omits to inform us what +were the practical results or what was done with the culprits arrested +the previous year, and he concludes his memorial by assuring us that the +Jesuits and the Alumbrados are alike in doctrine and are the same, which +is so certain that to doubt it would be great sin and offence to God. + +[Sidenote: _THE ALUMBRADOS OF LLERENA_] + +Fray Alonso might safely thus attack the children of Loyola in Spain, +but he made a fatal error when his zeal induced him to carry the war +into Portugal. In the following year, 1576, he addressed memorials to +the Portuguese ecclesiastical authorities, ascribing to the Jesuits all +the Illuminism that afflicted Spain; they taught, he said, that their +contemplation of the Passion of Christ was rewarded with the highest +spiritual gifts, including impeccability, with the corollary that carnal +indulgence was no sin in the Illuminated, while in reality their visions +and revelations were the work of demons, whom they controlled by their +skill in sorcery. The Jesuits, however, by this time were a dominant +power in Portugal; Cardinal Henry, the inquisitor-general, transmitted +the memorials to the Spanish Inquisition, with a request for the condign +punishment of the audacious fraile. It was no more than he had openly +preached and repeatedly urged on the Suprema, but the time was fast +approaching for the absorption of Portugal under the Castilian crown, +and Cardinal Henry was to be propitiated. Fray Alonso was forced to +retract, and was recluded in a convent, but this did not satisfy the +Cardinal, who asked for his extradition, or that the matter be submitted +to the Holy See, when the opportune death of the fraile put a happy end +to the matter.[55] + +Yet, in Spain, Fray Alonso exerted a decisive influence on the relations +of the Inquisition to mysticism and, before this unlucky outburst of +zeal, he had the satisfaction of seeing the indifference of the Llerena +tribunal excited to active work. In 1576, while preaching in that city, +he said that he had heard of persons who, under an exterior of special +sanctity, gave free rein to their appetites. On this, an imprudent +devotee, named Mari Sanz, interrupted him, exclaiming "Padre, the lives +of these people are better and their faith sounder than your own" and, +when he reproved her, she declared that the Holy Spirit had moved her. +This was a dangerous admission; she was arrested, and her confessions +led to the seizure of so many accomplices that the tribunal was obliged +to ask for assistance. An experienced inquisitor, Francisco de Soto, +Bishop of Salamanca, was sent, who vigorously pushed the trials until he +died, January 29, 1578, poisoned, as it was currently reported, by his +physician, who was long detained in prison under the accusation. How +little the sectaries imagined themselves to have erred is seen in the +fact that one of them, a shoemaker named Juan Bernal, obeyed a +revelation which directed him to appeal to Philip II, to tell him of the +injustice perpetrated at Llerena and to ask him why he did not intervene +and evoke the matter to himself--hardihood which earned for him six +years of galley-service and two hundred lashes. + +The evidence elicited in the trials showed the errors ordinarily +attributed to Illuminism, including trances and revelations and sexual +abominations unfit for transcription. After three years spent in this +work, an auto was held, June 14, 1579, in which, among other offenders, +there appeared fifteen Alumbrados--ten men and five women. Of the men, +all but the unlucky shoemaker were priests, and among them we recognize +Hernando Alvarez, against whom there appeared no less than a hundred and +forty-six witnesses. Many were _curas_ of various towns and naturally +the illicit relations were principally between confessors and their +spiritual daughters. From a doctrinal standpoint, their offence seems +not to have been regarded as serious, for none of them were degraded, +and the abjurations were for light suspicion, but this leniency was +accompanied by deprivation of functions, galley-service, reclusion and +similar penalties, while the fines inflicted amounted to fifteen hundred +ducats and eight thousand maravedís. The unfortunate Mari Sanz, who had +caused the explosion, expiated her imprudence by appearing with a gag +and a sentence to perpetual prison, two hundred lashes in Llerena and +two hundred more at la Fuente del Maestre, her place of residence.[56] +From the number of those inculpated it may be assumed that this auto did +not empty the prisons, and that it was followed by others, but if so, we +have no record of them. The impression produced by the affair was wide +and profound. Páramo, writing towards the end of the century, speaks of +it as one in which the vigilance of the Inquisition preserved Spain from +serious peril.[57] + +[Sidenote: _HOSTILITY OF THE INQUISITION_] + +In fact, it marks a turning-point in the relations of the Inquisition to +Spanish mysticism, of which the persecution became one of its regular +and recognized duties. Even before the auto of 1579, the Suprema, in a +carta acordada of January 4, 1578, ordered the tribunals to add to the +Edict of Faith a section in which the errors developed in the trials +were enumerated. These consisted in asserting that mental prayer is of +divine precept and that it fulfils everything, while vocal prayer is of +trivial importance; that the servants of God are not required to labor; +that the orders of superiors are to be disregarded, when conflicting +with the hours devoted to mental prayer and contemplation; decrying the +sacrament of matrimony; asserting that the perfect have no need of +performing virtuous actions; advising persons not to marry or to enter +religious Orders; saying that the servants of God are to shine in +secular life; obtaining promises of obedience and enforcing it in every +detail; holding that, after reaching a certain degree of perfection, +they cannot look upon holy images or listen to sermons, and teaching +these errors under pledge of secrecy.[58] + +It is noteworthy that here there is no allusion to ecstasies or trances +or to sexual aberrations, as in subsequent edicts, although Páramo, some +twenty years later, in his frequent allusions to the Alumbrados, dwells +especially on the latter and on the dangers to which they led in the +confessional.[59] That this danger was not imaginary is indicated by the +case of Fray Juan de la Cruz, a discalced Franciscan, so convinced of +the truth of alumbrado doctrine that, in 1605, he presented himself to +the Toledo tribunal with a memorial in which he argued that indecent +practices between spiritual persons were purifying and elevating to the +soul, and resulting in the greatest spiritual benefit when unaccompanied +with desire to sin. He was promptly placed on trial and six witnesses +testified to his teaching of this doctrine. Ordinary seduction in the +confessional, as will be seen hereafter, when the culprit admitted it to +be a sin, was treated with comparative leniency, but doctrinal error was +far more serious, and the unlucky fraile, who maintained throughout the +trial the truth of his theories, was visited with much greater severity. +Humiliations and disabilities were heaped upon him; he received a +circular scourging in a convent of his order and a monthly discipline +for a year, with six years of reclusion.[60] + +Simple mysticism, however, even without the advanced doctrines of +Illuminism and Quietism, was becoming to the Inquisition an object of +pronounced hostility. The land was being filled with _beatas +revelanderas;_ mystic fervor was spreading and threatening to become a +part of the national religion, stimulated doubtless by the increasing +cult paid to its prominent exemplars, for Santa Teresa was beatified in +1614 and canonized in 1622, while San Pedro de Alcántara was beatified +in the latter year. Apart from all moral questions, the mystic might at +any moment assert independence; his theory was destructive to the +intervention of the priest between man and God, and Illuminism was only +a development of mysticism. The Inquisition was not wholly consistent, +but its determination to stem the current which was setting so strongly +was emphatically expressed in the trial of Padre Gerónimo de la Madre de +Dios by the Toledo tribunal in 1616. + +The padre was a secular priest, the son of Don Sánchez de Molina, who +for forty-eight years had been corregidor of Malagon. He had entered the +Dominican Order, had led an irregular life and apparently had been +expelled but, in 1610, had been converted from his evil ways by a vision +and, in 1613, obeying a voice from God, he had come to Madrid and taken +service in a little hospital attached to the parish church of San +Martin. His sermons speedily attracted crowds, including the noblest +ladies of the court; his fervent devotion, the austerity of his life, +the rigor of his mortifications and the self-denial of his charities won +for him the reputation of a saint, which was enhanced by the trances +into which he habitually fell when celebrating mass, and popular +credulity credited him with elevation from the ground. There is +absolutely no evidence that in this there was hypocrisy or imposture, +and the most searching investigation failed to discover any imputation +on his virtue. All that he received he gave to the poor, even to clothes +from his back, and his sequestrated property consisted solely of pious +books, rosaries and objects of devotion. He speedily gathered around him +disciples, prominent among whom was Fray Bartolomé de Alcalá, vicar of +the Geronimite convent; the number of their penitents, all +_espirituales_ was large, and these usually partook of the sacrament +daily or oftener; many of them had revelations and were consulted by the +pious as being in direct relations with God, from whom they received +answers to petitions. + +[Sidenote: _GERONIMO DE LA MADRE DE DIOS_] + +In all this there was nothing beyond the manifestations of devotional +fervor customary to Spanish piety, but an accusation was brought against +Padre Gerónimo, September 20, 1615, for teaching that the soul could +reach a state of perfection in which it would be an act of imperfection +to ask God for anything. This, which was one of the refinements of +mysticism, was subsequently proved by the calificadores to be subversive +of existing observances, because the saints in heaven were in a state of +perfection and, if they could ask nothing of God, what would become of +their suffrage and intercession and what would be the use of the cult +and oblations offered to them? Still, at the time, the tribunal took no +action beyond examining a few witnesses, and Gerónimo would probably +not have been disturbed in his useful career had he not written a book. +In his mystic zeal he imagined himself inspired in the composition of a +work entitled _El Discipulo espiritual que trata de oracion mental y de +espiritu_, which he submitted to several learned theologians, whose +emendations he adopted. This had considerable currency in MS.; a demand +arose for its printing, and he laid it before the Royal Council for a +licence, when he was informed that the approbation of the episcopal +provisor of Toledo was a condition precedent. After sending it to that +official and receiving no answer for six months, he submitted a copy to +the Suprema, October 20, 1615, explaining what he had done and asking +for its examination; if there was in it anything contrary to the faith, +he desired its correction, for he wished the work to be unimpeachably +orthodox and would die a thousand deaths in defence of the true +religion. + +He waited some seven months and, on May 17, 1616, he ventured an inquiry +of the Suprema, but a month earlier three calificadores had reported on +it unfavorably, the Suprema had ordered the Toledo tribunal to act and, +on May 28th, the warrant for his arrest with sequestration was issued. A +mass of papers, MS. sermons, tracts and miscellaneous accumulations were +distributed among fifteen calificadores, who, as scholastic theologians, +were not propitiated by his contempt for schoolmen. They performed their +task with avidity and accumulated an imposing array of a hundred and +eighty-six erroneous propositions--many of them the veriest trifles, +significant only of their temper, but, after all his explanations, there +was a formidable residuum of twenty-five qualified as heretical, +twenty-nine as erroneous, three as sacrilegious, and numerous others as +scandalous, rash and savoring of heresy. + +Despite the piteous supplications of his aged father, his trial lasted +until September, 1618--some twenty-seven months of incarceration, during +which his health suffered severely. Throughout it all he never varied +from his attitude of abject submission; kneeling and weeping he begged +for penance and punishment, as he would rather be plunged in hell than +commit a sin or give utterance to aught offensive to pious ears. This +availed him little. He was sentenced to appear in the auto of September +2, 1618, as a penitent, to abjure _de vehementi_ and to retract publicly +a list of sixty-one errors. He was forbidden for life to preach or to +hear confessions, or to write on religious subjects; he was recluded +for a year in a designated convent and for five more was banished from +Madrid and Toledo, and a public edict commanded the surrender of all his +writings. Thus he was not only publicly proclaimed a heretic, but his +career was blasted, he was virtually deprived of the means of +subsistence, yet his first act on reaching his place of confinement was +to write humbly thanking the inquisitors for their kindness. Seven +months later he appealed to them, saying that he was sick and enfeebled, +he had been bled four times and he begged for the love of God that he +might be spared the rest of his reclusion and be allowed to comfort his +aged father. To this no attention was paid and we hear nothing more of +him. + +[Sidenote: _THE MYSTICS OF SEVILLE_] + +For us the interest of the case lies not so much in the cruelty with +which the bruised reed was broken, as in the revelation of the silent +revolution in the Spanish Church with regard to mysticism. In the +sixty-one condemned propositions there were one or two properly liable +to censure, the most dangerous being that ascribed to the +Begghards--that the perfected soul enjoys the spirit of liberty, going +at will without laws or rules, and that in this state God gives it the +power of working miracles. Another which asserted that devotion to +images, rosaries, blessed beads etc. was an error so great that souls so +employed could have no hope of salvation was scarce more than an +exaggeration of the precepts of Francisco de Osuna and Juan de la Cruz. +For the most part, the condemned propositions were merely the +common-places of the great mystics of the sixteenth century--that the +perfected soul enjoys absolute peace, for the appetites and passions are +at rest and the flesh in no way contradicts the spirit--that trances are +the highest of God's gifts--that the supreme grade of contemplation +becomes habitual, and that the soul at will can thus enter God's +presence--that, in the trance, God can be seen--that the perfected soul +should ask only that God's will be done. Other condemnations were +directed against the claims of inspiration and revelation, against the +suspension of the faculties in mental prayer, against the Union with God +which had been the aim of all the mystics. In short, it was a +condemnation of the doctrines and practices which, for centuries, had +been recognized by the Church as manifestations of the utmost holiness. +Had Francisco de Osuna, Luis de Granada, San Pedro de Alcántara, Santa +Teresa, San Juan de la Cruz and their disciples been judged by the same +standard, they would have shared the fate of Padre Gerónimo unless, +indeed, their convictions had led them to refuse submission, in which +case they would have been burnt.[61] This was shown at Valladolid when, +in 1620, Juan de Gabana, priest of San Martin de Valverri and Gerónima +González, a widow, were prosecuted for mysticism. He died in prison, +pertinacious to the last and was duly burnt in effigy, in 1622. She was +less firm and was voted to reconciliation, but the Suprema ordered her +to be tortured; this she escaped by dying, and her effigy was +reconciled.[62] + +Yet the mystic cult was too firmly planted in the religious habits of +Spain to be readily eradicated, nor was the Inquisition prepared to be +wholly consistent. While Padre Gerónimo was thus harshly treated for +unpublished writings, the Minim Fray Fernando de Caldera was allowed +undisturbed to publish, in 1623, his _Mística Teología_, perhaps the +craziest of the mystic treatises. It is cast in the form of instructions +uttered by Christ, in the first person, and teaches Illuminism and +Quietism of the most exalted kind. The intellect is to be suspended and +the will abandoned to God, who does with it as he pleases, infusing it +with divine light and admitting it to a knowledge of the divine +mysteries. Lubricious temptations, if they come from the flesh are to be +overcome with austerities; if from pride, with humility; if they are +passive, they are to be met with patience and resignation, for God who +sends them will remove them at his own time and with great benefit to +the soul.[63] No teaching more dangerous is to be found in Molinos but, +although a translation of the work appeared in Rome in 1658, it escaped +condemnation both there and in Spain. + +During this time there was a storm gathering in Seville which enabled +the Inquisition to impress its definite policy on the mystically +inclined. We have seen how mysticism flourished there under the +patronage of Archbishop Rojas, and the persecution in Extremadura seems +not to have extended to Andalusia, so that it continued unrepressed. +While Padre Gerónimo was awaiting his doom in Toledo, a much more +extravagant performer was enjoying the cult of the devout in Seville. A +priest named Fernando Méndez had a special reputation for sanctity; when +celebrating mass he fell into trances and uttered terrible roars; he +taught his disciples to invoke his intercession, as though he were +already a saint in heaven; fragments of his garments were treasured as +relics; he gathered a congregation of beatas and, after mass in his +oratory, they would strip off their garments and dance with indecent +vigor--drunk with the love of God--and, on some of his female penitents, +he would impose the penance of lifting their skirts and exposing +themselves before him. His disciples were not drawn merely from the +lower classes, for we are told that as many as thirty coaches could be +counted of a morning around the gate of the Franciscan convent to which +he had retired.[64] + +[Sidenote: _THE MYSTICS OF SEVILLE_] + +This hysteric contagion spread through Seville, affecting a considerable +portion of the population. There was no concealment and evidently no +thought that it involved suspicion of heresy, or that it departed in any +way from orthodoxy. A special group of mystics, known as la Granata, +under successive spiritual directors, had long held their meetings in +the chapel of Nuestra Señora de la Granada, without exciting +animadversion or calling for interference from the Inquisition.[65] +When, however, the imperious Pacheco, in 1622, assumed the office of +inquisitor-general, he speedily ordered the Seville tribunal to +investigate and report as to the mystic extravagances current in the +city, and there could have been no difficulty in collecting ample +material for condemnation according to the new standard. This resulted +in the publication of a special Edict of Grace, May 9, 1523, granting +the customary thirty days in which those feeling themselves inculpated +could denounce themselves and their accomplices and be admitted to +absolution with salutary penance and without confiscation or +disabilities affecting their descendants. That all might understand what +these new heresies were, the edict embodied a list of seventy-six errors +ascribed to the Alumbrados, which marks the advance made since 1578 in +suppressing mysticism in general and in attributing to it additional +evil practices. There was a fuller condemnation of the beliefs common to +all mystics, which had so often earned canonization--that their +trembling or burning or fainting was a sign of grace and of the +influence of the Holy Spirit--that a stage of perfection could be +reached in which they could see the Divine Essence and the mysteries of +the Trinity and that, in this state, grace drowned all the +faculties--that they were governed directly by the Holy Spirit in what +they did or left undone--that in contemplation they dismissed all +thought and concentrated themselves in the presence of God--that, in the +state of Union with God, the will is subordinated--that in trances God +is clearly seen in his glory--that mental prayer renders other works +superfluous--that other duties, both religious and worldly, can be +neglected to devote oneself wholly to this supreme devotion. + +Besides these, there was an enumeration of the errors commonly +attributed to the Alumbrados with more or less +justice--impeccability--the elevation of mental prayer to the dignity of +a sacrament--communion with more than one wafer--promiscuous intercourse +among the elect--indecent actions in the confessional regarded as +meritorious--teaching wives to refuse cohabitation--forcing girls to +take vows of chastity or to become nuns--requiring vows of absolute +obedience to the spiritual director--breathing on the mouths of female +penitents to communicate to them the love of God--violation of the seal +of the confessional--that the perfected have power of absolution even in +reserved cases--that those who follow this doctrine will escape +purgatory and that many who refused to do so have returned to beg +release, when they give them an _Evangelio_ and see them fly to heaven. +One article would indicate that among the devotees, as was usually the +case, there was at least one who boasted of bearing the stigmata, of +conversing with God and of living solely upon the sacrament, while a +clause requiring the surrender of all statutes and instructions for +their congregations and assemblies shows that they were organized into +more or less formal associations.[66] + +The audacious assumption of power in this pronouncement was forcibly +pointed out by Juan Dionisio Portocarrero, in an opinion furnished to +the Archbishop Pedro de Castro y Quiñones. There was gross disrespect +shown to him, who had been kept in ignorance, though it was known that +an edict was in preparation, of which the nature was sedulously +concealed until it was suddenly published in all the churches. +Inquisitors could not decide cases without the participation of the +Ordinary, while here the cases were tried and the parties admitted to +reconciliation, without calling in the episcopal authority. Similar +usurpation was manifested in the definition of heresies, which was the +attribute of the Holy See and of general councils, not of the +Inquisition. No general council could do more than the inquisitor-general +had done in defining the seventy-six errors, and to say that these +errors were widely disseminated in Seville, not without fault of +those permitting it, and to do so without calling upon the archbishop +to explain the condition of his flock, was to condemn him without +a hearing. These seventy-six propositions were all styled matters +of faith, although many of them were rather matters of discipline, +pertaining to the Ordinary, yet all were reserved to the Inquisition. +Moreover, the inquisitor-general was not competent to decide the +disputed question whether the power assured to bishops to absolve +for secret heresy was annulled by the bull in _Coena Domini_. Then +Portocarrero proceeded to examine one by one a considerable portion +of the condemned propositions and showed that some of them expressed +the accepted teaching of the Church, while many were not cognizable by +the Inquisition, because they had nothing to do with faith, and others +again he omitted as being unintelligible. He urged the archbishop to +vindicate his jurisdiction quietly, without causing scandal, and that +the edict be examined and qualified by learned men, not Dominicans, +for it had originated with them--the truth being that the inculpated +mystics were mostly under the direction of Franciscans and Jesuits +and that, in the bitter hatred between the Orders, the Dominicans had +stirred up the matter to strike a blow at their rivals.[67] + +[Sidenote: _THE MYSTICS OF SEVILLE_] + +The poor old archbishop, who died in December of the same year, of +course did nothing. The edict was published on June 4th and again on the +11th, when the most pious circles in Seville suddenly found themselves +arraigned for heresy. Mysticism had become fashionable, especially among +the women, from the noblest to the lower classes, and they rushed at +once to obtain the pardon promised within the thirty days. A Seville +letter of June 15th says that an inquisitor with a secretary established +himself in San Pablo (the Dominican church used in autos de fe), eating +and sleeping there, and on duty from 5 A.M. until 10 P.M., with an +hour's intermission for meals, but that he could not attend to a +twentieth part of the applicants, and that another thirty days would +have to be granted. In this there is doubtless exaggeration, but another +authority states the number of those inculpated at 695.[68] There had of +course been no intentional heresy and there were no pertinacious +heretics, although among them were impostors who had traded upon popular +credulity and love for the marvellous. Still, an auto de fe was +necessary to confirm the impression and it was held on November 30, +1624, in which eleven Alumbrados appeared, but eight of them were +confessed impostors. Of the remaining three, one was the Padre Fernando +Méndez, who in dying had distributed his garments and his virtues among +his disciples; no special punishment was decreed against his memory, but +his effigy was displayed in the auto, his revelations, trances, visions +and prophecies were declared to be fictitious, and his disciples were +required to surrender the articles which they had treasured as relics. +Another was a mulatto slave named Antonio de la Cruz, who had united to +his mysticism some unauthorized speculations respecting the power of +Satan; he escaped with abjuration _de levi_ and deprivation of the +sacrament except at Easter, Pentecost and Christmas. The third was +Francisco del Castillo, a priest whose trances were so frequent and +uncontrollable that they would seize him in the act of eating; he was at +the head of a congregation, the members of which he boasted were all +saved, and through which the Church was to be reformed, he being +possessed of the spirit of Jesus Christ and his disciples of that of the +Apostles--all of which had not prevented him from maintaining improper +relations with his female penitents. He was sentenced only to abjuration +_de levi_, perpetual deprivation of confessing and reclusion for four +years in a convent, with exile from Seville--the usual penalty, as we +shall see, for solicitation _ad turpia_ in the confessional--with +warning of severer punishment if he did not abandon his visions and +revelations.[69] + +Evidently the object of the Edict had been to warn rather than to +punish; but few examples were deemed necessary, and in these the +mildness of the penalties indicates a recognition of the fact that these +so-called heresies had not previously been regarded as culpable. It +sufficed to set an impressive stamp of reprobation on mysticism without +unnecessary severity. + +Seville, however, was not yet cleansed of the infection. At an auto held +some two years later, on February 28, 1627, there were two conspicuous +mystics, Maestre Juan de Villalpando, a priest in charge of one of the +city parishes, and Madre Catalina de Jesus, a Carmelite beata. +Notwithstanding the Edict of 1623, Villalpando had maintained a +congregation of both sexes, who obeyed him implicitly in all things, +temporal and spiritual. No less than two hundred and seventy-five +erroneous propositions were charged against him, and he was required to +retract twenty-two articles. He was deprived of his priestly functions, +recluded for four years in a convent and confined subsequently to the +city of Seville, with a fine of two hundred ducats. Madre Catalina, for +thirty-eight years, had been sick with the love of God, and her +continued existence was regarded as a miracle by her numerous disciples, +who treasured as relics whatever had touched her person. She was accused +of improper relations with a priest--probably Villalpando--who +reverenced her as his guide and teacher, and she was a dogmatizer, for +her writings, both MS. and printed, were required to be surrendered. On +the testimony of a hundred and forty-eight witnesses, she was sentenced +to reclusion for six years in a hospital, where she was to earn her +support by labor.[70] + +This shows increasing severity, and a still more deterrent example was +furnished, in 1630, by an auto in which eight Alumbrados, as we are +told, were burned alive and six in effigy. There were also sixty +reconciliations, of which some were doubtless for the same heresy.[71] +We have no further details of this auto, save that Bernino characterizes +the victims as obstinate; possibly they may have been relapsed but, as +we have seen, the abjurations had been for light suspicion, which did +not entail relaxation for relapse. Be this as it may, the affair would +indicate that Illuminism was now regarded as formal heresy, not as +merely inferring suspicion, and that pertinacity incurred the stake. + +[Sidenote: _TREATMENT_] + +Obstinacy, in fact, converts into formal heresy what may be otherwise +regarded as light suspicion, as it infers disobedience to the decisions +of the Church. This is seen in an interesting review of the whole +subject by an inquisitor about 1640. He describes the evidence +customarily brought against alumbrado confessors and preachers, of +teaching sensuality under cover of mortification. Some hold that +indecent handling and sleeping with a woman are meritorious as +trampling on the devil and overcoming temptation; so it is with making +the penitent strip and stand against a wall with arms outstretched, and +other details that may well be spared. There is also teaching that +obedience is better than the sacrament and that it excuses what would +otherwise be evil, or that God has revealed to them that such things are +not sin, or that interior impulses are to be followed in doing or not +doing anything. Such persons, he tells us are confined in the secret +prison, without sequestration, although, if there is suspicion of +heresy, there is sequestration. If, as usually occurs, they confess to +these teachings, extenuating them as the result of thoughtlessness or +ignorance without errors of belief, and if they are priests or frailes, +the sentence is read in the audience-chamber and the punishment is the +same as for solicitation in the confessional--that is to say, reclusion +in a monastery for a term of years and deprivation of the faculty of +confessing. But, if this evil doctrine has caused much injury, as at +Llerena, they appear in a public auto with some years of galley-service +and, if they are priests owning property, they are fined at discretion. + +If there should be obstinacy and rejection of the arguments of the +theologians deputed to reason with them, there is postponement for some +months to allow time for conversion, as happened in Logroño with a +certain priest, and in Valladolid with a fraile. The priest taught his +female penitents that there was no sin in kisses and in indecent +handling and in sleeping with a woman so long as the final act was +omitted. He revoked repeatedly and varied between submission and +persistence, but was convinced at last and appeared in a public auto, +abjured de vehementi, was verbally degraded with five years of galleys +and ten more of exile, besides perpetual deprivation of confessing. If +the culprit is impervious to argument and will not abandon errors of +belief, he must be treated as a heretic and be relaxed even if he denies +intention. There was one who abjured _de vehementi_ and relapsed. It was +alleged by his Order that he was insane, for he was a person of high +repute for virtue and learning; he was given secret penance, but so +severe that he was never heard of again.[72] + +From this statement it would appear that the extreme position assumed by +Pacheco had not been maintained and that simple mysticism was tolerated +unless it was complicated with the follies of Illuminism, especially as +concerned the relations between the sexes. The policy of the +Inquisition, in fact, was by no means uniform; for a time many harmless +mystics were allowed to enjoy in peace the veneration of their disciples +while, if there was scandal or imposture or some ulterior motive, +prosecution was easy. One such case was that of Fray Francisco García +Calderon whom we have seen (Vol. II, p. 135) concerned with the case of +the nuns of San Placido and the Marquis of Villanueva, in 1630. A +contemporary was Doña Luisa de Colmenares, popularly known as Madre +Luisa de Carrion, a nun of the convent of Santa Clara, at Carrion de los +Condes, who, at the age of seventy, had passed fifty-three years in a +cloister. She was not strictly an Alumbrado but a mystic of the type of +Santa Teresa, and her case is instructive as showing how general was the +belief attributing supernatural powers to beings favored by God, how +profitably this belief could be exploited by shrewd management, and how +effectively the Inquisition could intervene, in the face of the most +intense popular opposition. There is no reason to suppose that Madre +Luisa was consciously an impostor; she was merely an ignorant old woman, +hypnotically habituated to trances and visions like so many others, and +the Franciscan Order, to which she belonged, saw in her a speculative +value of which they made the most. Philip IV venerated her and popes +were her correspondents; there was an immense demand for objects +sanctified by her--crosses, beads, images of the Christ-child and +similar trifles--the sales of which brought in large profits and, +between these and the offerings of pilgrims, the Order was said to have +realized two hundred thousand crowns and to look forward to much more if +it could secure her canonization after death. + +[Sidenote: _MADRE LUISA DE CARRION_] + +Suddenly, in 1635, the Inquisition undertook to investigate her. There +had been nothing exceptional in her career, except its success and, +under Franciscan management she had been mostly kept clear of the errors +condemned in Pacheco's edict. The motive for action is obscure, and the +most probable suggestion is that the opponents of Count-Duke Olivares +had sought, after the fashion of the time, to make use, for political +ends, of the boundless popular veneration of which she was the object. +Yet there was significant caution in the preliminaries. Juan Santos, +senior Inquisitor of Valladolid, was ordered to examine her, when he +pretended a visit to the Bishop of Palencia and on the road stopped for +a fortnight at Carrion. It was not difficult to involve an untutored +nun in erroneous theological speculations, and a warrant for her arrest +followed; she was placed in a carriage with a female relative of one of +the inquisitors, when her journey to Valladolid was a triumphal +procession. A pillar of light, changing into a cross, was seen in the +sky; everywhere the population gathered in mass, and the precaution of +entering Valladolid at night was unavailing, for the crowds were so +great that she was with difficulty carried in safety, through the +surging mob striving to gather some fragment of her dress as a talisman. +She was housed in the Augustinian convent, where she was the object of +veneration to the nuns, who declared her destined to be the most +powerful saint in the annals of the Church; but it was observed that she +no longer had ecstasies, although at Carrion they had been of daily +occurrence and were celebrated by sounding the organ, when everyone +rushed to see them. + +The Franciscans officially undertook her defence; the population of +Valladolid, with the bishop at their head, were so demonstrative in her +favor that the tribunal hesitated, and the Suprema had to send a special +commissioner, who was no other than our old acquaintance Juan Dionisio +Portocarrero, soon afterwards rewarded with the bishopric of Guadix. It +was easy to make her convict herself of heresy, for she was foolish and +ignorant, full of vain-glory, and merely a tool of the rapacious friars +who had exploited her. Papers signed by her were in circulation in which +she declared that she had seen the Divine Essence, that she was +confirmed in grace, that at six years of age Christ had removed her +heart of flesh and substituted his own, that he had given her an apple +of paradise by which she would remain immortal until the Day of +Judgement, when she would accompany Enoch and Elias in the war with +Antichrist; that God sustained her without food, and much more that +testifies to the incredible credulity of the people, and to the +unscrupulous audacity of the friars. Under examination, she declared +that she had seen the Divine Essence, but she proved herself wholly +ignorant of the orthodox doctrine of the Trinity and uttered a thousand +follies, including a revelation from God that all who possessed her +crosses, beads, rosaries or other objects of devotion would be saved +unconditionally and could rest secure of their predestination. + +The fore-ordained condemnation was preceded by an edict of October 23, +1636, requiring the surrender of all letters, portraits, crosses, beads +etc., which were so numerous that in a few days the cura of the parish +of San Miguel had a room full of them. The poor old crone was blind, +toothless and exhausted with a life of hysteria; the shock of these +experiences was too great for her feeble vitality, and she died in +November. This was, of course, no impediment to her trial, and the +tribunal was justly incensed to learn that the bishop had buried her +without its permission. When summoned to answer for this he threatened a +popular uprising, but the tribunal held good, exhumed the body and +verified its identity, after which the Suprema ordered a second +exhumation and burial under its authority. + +It seems that no formal sentence was ever rendered. The Franciscans +talked of appealing to the pope, but were only laughed at. Madre Luisa +had ceased to be of importance, but that her devotees had not lost all +veneration for her is shown by the Inquisition, in 1638, forbidding all +discussion of the case. In 1643 it was referred to Arce y Reynoso, +together with that of San Placido and, in 1644, he was said to be +pushing it with energy, but probably it was wisely allowed to be +forgotten, without reaching a conclusion. Yet, notwithstanding the +inquisitorial edict, her crosses were not all surrendered and continued +to be regarded as enriched with indulgences, for we find them condemned +by the Roman Congregation of Indulgences in 1668 and again in 1678.[73] + +[Sidenote: _INFLUENCE OF MYSTICS_] + +But for the presumably political motive prompting her prosecution it may +be assumed that Madre Luisa would have been enrolled in the calendar of +saints. Her career was no more extravagant than that of her +contemporary, the Blessed María Ana de Jesus, a _Madrileña_, who was +born in 1565 and died in 1624. She belonged to the Order of La Merced, +and her biography was written in 1673, by Fray Juan de la Presentacion, +official historiographer of Philip IV, who informs us that, when an +infant at the breast, she gave evidence of her future sanctity; at the +age of four she was constantly at prayer, and at six she had ecstasies, +visions and revelations. She says herself that her soul was ordinarily +illuminated by God, who manifested his will to her unmistakably. The +effort for her canonization began shortly after her death and was +renewed at intervals, until she was beatified in 1783.[74] Another +contemporary of María Ana de Jesus was she of Peru, known as _la Azucena +de Quito_. Born in 1618 and dying in 1645, her miracles commenced before +her birth, and she began to mortify the flesh by refusing to suckle +before noon-day. It was in vain that, in her humility, she prayed to be +denied the favor of visions and miracles. Efforts were commenced, in +1670, to procure her canonization, but it was not until 1850 that she +was beatified by Pius IX.[75] + +These saintly mystics, with their direct communications from God, +wielded an influence which we can scarce realize. They had become so +numerous and their revelations were so unhesitatingly accepted, that +Spain was enveloped in an atmosphere of mysticism, in which the divine +guidance was sought, rather than the councils of human wisdom. Olivares +might well fear any adverse utterances of Madre Luisa, for his downfall, +in 1643, was accelerated by visions enjoyed by Don Francisco de +Chiribaga, although the Jesuit Padre Galindo, who was concerned in +making them known, was imprisoned by his superiors for acting without +their permission.[76] When the affairs of the Spanish monarchy were at +their lowest ebb at this time, it is a curious revelation of the +impulses under which it was governed to find Philip IV complaining of +the perplexities to which he was exposed by the visions brought to him +by the frailes; this matter of revelations, he says, is one which +requires much consideration, especially when he is told that God orders +him to punish those who have rendered him good service, and to elevate +those whose methods have not earned them a good reputation. All that is +lacking to complete this picture of unreasoning superstition is found in +the fact that this utterance is made to another mystic to whom he +appeals for guidance and for intercession with God to send him +light.[77] + +María de Jesus, commonly known as Sor María de Agreda, to whom Philip +thus turned for counsel, was too strongly entrenched in the royal favor +to be in danger from the Inquisition yet, notwithstanding that favor, +her revelations were rejected by Rome, thus furnishing another example +of the difficulty of differentiating between sanctity and heresy. She +had practised mental prayer from the time when she was able to use her +reason, and she was in constant communication with God, the Virgin and +the angels.[78] Her fame filled the land, and her voluminous writings, +which claim to be inspired, still form part of the devotional literature +of the faithful. She so captured the confidence of Philip that he made +her his chief adviser; for twenty-two years, until her death in 1665, +four months before his own, he maintained constant correspondence with +her by every post. Her influence thus was almost unbounded, but she +seems never to have abused it; her advice was usually sound, and she +never sought the enrichment of the impoverished convent of Agreda, of +which she was the superior. + +[Sidenote: _SOR MARIA DE AGREDA_] + +With all the power of the Franciscan Order and of the Spanish court to +sustain her claims to sanctity, the canonization of such a personage +would seem almost a matter of course, and it would doubtless have been +effected if she had not reduced her revelations to writing. However they +might suit the appetite of Spanish piety, nourished so long on mystic +extravagance, they did not appeal to the sober judgement of the rest of +the Catholic world. In spite of their divine inspiration, her _Letanía y +nombres misteriosos de la Reina del Cielo_ and her _Mística Ciudad de +Dios_ were condemned in Rome, and the decree as to the latter was posted +on the doors of St. Peter's, August 4, 1681. The _Mística Ciudad_ was +eminently popular in Spain and, at the instance of the Spanish court, +its prohibition was suspended. The Inquisition took advantage of this, +in 1686, to issue a decree permitting its circulation, at which the +Congregation of the Index was naturally offended and, in 1692, the papal +decree of condemnation appeared in the Appendix to the Index of Innocent +XI, in spite of which the book was formally permitted by the Spanish +Inquisition.[79] When, in 1695, a translation by Père Thomas Croset +appeared in France, the Sorbonne, by decree of September 27, 1696, +condemned it as containing propositions contrary to the rules of +ecclesiastical modesty, and many fables and dreams from the Apocrypha, +exposing Catholicism to the contempt of the heretics.[80] The Spanish +court labored earnestly to obtain a renewal of the suspension and +finally succeeded, so that the book was omitted from the 1716 Index of +Clement XI. Then in 1729, the subject was again taken up, when, after a +long debate, the book was permitted, though Dr. Eusebius Amort tells us +that in Rome, in 1735, he was shown a decree of Benedict XIII renewing +the prohibition and asserting that its withdrawal had been obtained +fraudulently; still, the book has never since reappeared in the +Index.[81] There was a similar struggle over the _Letanía_, which was +still included in the 1716 Index of Clement XI and the first Index of +Benedict XIV, in 1744, but has disappeared from all succeeding +issues.[82] Less successful thus far has been the persistent effort to +procure the canonization of Madre María, leading to a papal decree of +April 27, 1773, forbidding all future proceedings in the case. +Notwithstanding this, Leo XIII, on March 10, 1884, ordered the +Congregation of Rites to consider in secret whether this prohibition +could be removed. To suggest such a discussion is almost equivalent to +prejudging it affirmatively but, before the decision was reached, chance +led to the publication in the _Deutscher Merkur_ of December 29, 1889, +of the whole secret history of the case, which has probably put an end, +at least for the present, to the prospect of enrolling in the calendar +of saints one whose revelations have been so repeatedly condemned as +illusory or as emanating from Satan. + + * * * * * + +While, as we shall see, the pest of _beatas revelanderas_ and more or +less conscious impostors continued to afflict the land, the cases +recognized as Alumbrados are comparatively few during the remainder of +the seventeenth century. In a Toledo record, commencing in 1648, the +first one occurs in 1679, when the Franciscan Fray Francisco de Toledo +was convicted. In this the offence is treated as formal heresy, +requiring reconciliation, and the punishment was extremely severe. He +was to receive a circular discipline in his convent; he was to be +confined in a cell for two years and for two years more was to be +recluded, during which time he was to be occupied in works of humility. +In addition, he was perpetually suspended from orders, deprived of +active and passive voice, and reduced to lay communion. It is possibly +to this, or to some movement in which Fray Francisco bore a part, that +Miguel Molinos refers, in a letter of February 16, 1680, to the Jesuit +General Oliva, saying that when, in 1679, Satan sought to revive the +sect of Illuminists in Spain, and they had applied to him, he had given +an opinion so contrary to their follies that it frightened them and +stopped the attempt.[83] + + * * * * * + +[Sidenote: _ITALIAN MYSTICS_] + +While Spain had thus been combatting Mysticism, Rome had remained +comparatively indifferent, for in Italy it had not developed into a +popular mania to be suppressed irrespective of the immoral extravagances +to which it sometimes led. In the Edict of the Inquisition requiring +denunciation of all offences subject to its jurisdiction, there is no +mention of Mysticism or Illuminism.[84] The elaborate folios of the +writers on the Holy Office--Carena, Del Bene, Lupo, Dandino--are silent +as to its eccentricities. Yet these were by no means unknown to the +Roman Holy Office, which took cognizance of them when brought to its +notice. Occasionally some book too extravagant in its teachings was put +upon the Index.[85] Cardinal Scaglia ([dagger symbol] 1639), a member of the +Congregation of the Inquisition, in his little manual of practice, which +was circulated only in MS., when treating of the troubles customary in +nunneries, says that through giddiness of brain, or vain-glory, or +illusion, nuns often claim to have celestial visions and revelations and +intercourse with God and the saints when, if the confessor is +imprudently given to spirituality, he reduces their utterances to +writing and, if he is learned, he defends them, very often with +propositions punishable by the Inquisition. Sometimes, he adds, +sensuality is involved, leading to the assertion that carnal acts are +not sinful but meritorious, when, if the confessor desires to take +advantage of this, he seeks with revelations and false doctrines to +prove that they are lawful. Cases of this kind have occurred in the +Holy Office, when priests who so justify themselves become liable to the +penalties of heresy. Such cases also occur between women assuming to be +spiritual and their confessors, who so teach them, even without +revelations and visions, leading their spiritual daughters to believe +these to be works of merit and mortification.[86] + +Bernino tells us that, early in the seventeenth century, Illuminism was +widely diffused throughout Italy, where abjurations enforced by the +Inquisition were frequent, but this is probably the exaggeration so +frequent with heresiologists.[87] A well-marked case, however, startled +Florence in 1640, when the Canon Pandolfo Ricasoli, a highly respected +member of the noble house of the Barons of Trappola and a man of wide +learning and handsome fortune, was arrested with his chief accomplice +Faustina Mainardi, her brother Girolamo, and the Maestro Serafino de' +Servi, Dottor Carlo Scalandrini, the priest Giacomo Fantoni, Andrea +Biliotti, Francesco Borgeschi and two others, Mozzetti and Cocchi. Some +nuns of Santa Anna sul Prato were also implicated, but if they were +prosecuted no knowledge of it was allowed to reach the public. They seem +to have formed a coterie of Illuminists to whom Ricasoli taught that all +manner of indecent acts conduced to purity, if performed with the mind +fixed on God; they claimed special relations with heaven and were free +from sin in whatever they did for the greater glory of God. This +continued for eight years; rumors spread abroad and were conveyed to the +Inquisition, when Ricasoli came forward and denounced himself with +expressions of contrition. A public _atto di fede_ was held, November +28, 1641, in the great refectory of the convent of Santa Croce, attended +by the Grand Duke, the Cardinal de' Medici, the nuncio and other +notabilities. One of the culprits, Serafino de' Servi, had died in +prison and appeared in effigy, the rest abjured de _vehementi_. +Ricasoli, Faustina and Fantoni were condemned to perpetual irremissible +prison, others to prison with the privilege of asking for pardon, while +two, Cocchi and Borgeschi, had a private atto di fede and were confined +in the Stinche prison at the pleasure of the Inquisition. Ricasoli, as +he was led away, declared that he had acted foolishly and ignorantly, +and he asked pardon of the people for the scandal which he had caused; +he lingered in his prison until July 1657, when he died at the age of +78, protesting to the end that he had erred through ignorance and not +through lust; there was some question as to his interment, but finally +he received Christian burial. The inquisitor, Fra Giovanni Muzzarelli, +was sternly rebuked for misplaced mercy by the Roman Congregation and +was speedily replaced by one of severer temper.[88] + +Impostors likewise were not unknown, as appears in the career of +Francesco Giuseppe Borri, a brilliant but dissolute scion of a noble +Milanese house. A misadventure in Rome forced him to take asylum in a +church where, in recognition of the mercy of God, he changed his life. +He soon had visions and revelations, from which he constructed a new +theology, showing an intimate acquaintance with the mysteries of the +Trinity and of the universe. That St. Anne was conceived by the +operation of the Spirit and the Virgin consequently was Deity, was one +of the twenty errors set forth in his sentence. Moreover he had been +selected to found the Kingdom of the Highest, in which all mankind would +be brought under papal rule, and the world would live in peace for a +thousand years; the philosopher's stone, of which he had the secret, +would furnish the means of raising the papal armies, in the leadership +of which he would be guided by St. Michael. Rome soon became dangerous +for the new prophet and, in 1655, he transferred his propaganda to +Milan, where he founded a secret mystical Order, the members of which +were trained in meditation and mental prayer, pledged themselves to shed +their blood in the execution of the work and, what was more to the +purpose, contributed all their property to the common fund. The Milanese +inquisitor got wind of the new sect and arrested some of the members; +Borri thought of raising a tumult but decided in favor of the safer +alternative of flight. His case was transferred to the Roman +Congregation, which cited him, March 20, 1659, to appear within ninety +days and then tried him in _absentia_, with the result that his effigy, +with all his impious writings, was burnt on January 3, 1661. His dupes +were duly prosecuted, but seem not to have been severely punished. + +[Sidenote: _ITALIAN MYSTICS_] + +Meanwhile he was starting on a fresh career in Northern Europe, as a man +possessed of all the secrets of alchemy and medicine, with a success +that even Cagliostro might have envied. Strassburg and Amsterdam had +reason to repent of his seductive arts. In Hamburg, Christina of Sweden +furnished him with means to prosecute the work of the Grand Arcanum. +Frederic III of Denmark lavished large sums on him and even made him +chief political adviser, which aroused the hatred of the heir-apparent, +Christian V, on whose accession, in 1670, he was obliged to save his +life by flight. He sought to find refuge in Turkey, but in Moravia, when +within a day's journey of the frontier, he was arrested by mistake, on +suspicion of complicity in a conspiracy in Vienna. There the papal +nuncio recognized and claimed him, but Leopold I, whose favor he had +speedily acquired by his chemical marvels, surrendered him only on +condition that his life should be spared. Before the Inquisition he +confessed his errors and attributed them to diabolical inspiration, and +his sentence, September 25, 1672, was merely to perpetual prison and +certain spiritual penances. Even here his good luck befriended him, for +Cardinal d'Estrées, the influential ambassador of Louis XIV, in +dangerous illness, asked to consult him and, on recovery, procured his +transfer to easier confinement in the castle of St. Angelo, where he was +allowed special privileges and sometimes to go out and visit the sick. +There he remained until his death, August 20, 1695--just a century +before Cagliostro came to the same end.[89] + +Although the Roman Inquisition issued no general denunciations, there +was a surveillance kept over the votaries of mental prayer and +contemplation, in view of the extravagances to which they might be led +when, abandoning themselves wholly to God, they felt themselves +irresponsible for what God might cause them to do, in the rapture of +Quietism. There was a little community of this kind formed in Genoa, +where they were known as _Sequere me_, from the phrase used when +addressing those whom they elected to join them. Under the lead of a +Trinitarian friar, they bought a house in the suburbs, where they lived +in the utmost austerity, devoting themselves to contemplation. Thus came +visions and revelations that the Church was to be reformed through them +by a new pope, of whom they were to be the apostles. One of them +communicated this to a vicar of the Inquisition who promptly reported to +the tribunal. They were all summoned before it; some went into ecstasies +and, as a body, they threatened the inquisitor with the vengeance of God +and were thrown into prison. The Congregation of the Inquisition ordered +their prosecution, which resulted in their being adjudged to be crazy +rather than evil-minded. The friar was deprived of active and passive +voice in his Order and the rest were dismissed with threats of the +galleys if they reassembled and continued to wear the habit which they +had adopted.[90] + +More persistent was the sect known as the Pelagini which, about 1650, +developed itself in the Valcamonica and spread throughout Lombardy. +Giacomo Filippo di Santa Pelagia was a layman of Milan, highly esteemed +for conspicuous piety. From Marco Morosini, Bishop of Brescia +(1645-1654) he obtained permission to found conventicles or oratories in +the Valcamonica, but it shows that mental prayer was regarded as a +dangerous exercise when Morosini imposed the condition that it should +not be practised in these little assemblies. The prohibition was +disregarded and the devotees largely gave themselves up to +contemplation, with the result that they had trances and revelations; +they threw off subjection to their priests and were accused of claiming +that mental prayer was essential to salvation, that none but Pelagini +could be saved, that those who practised it became impeccable, that +laymen could preach and hear confessions, that indulgences were +worthless and that God through them would reform the world. In 1654, +Cardinal Pietro Ottoboni (afterwards Alexander VIII) obtained the see of +Brescia and by accident discovered some colporteurs distributing the +Catechism of Calvin, along with the tracts of the Pelagini. In March, +1656, he sent to the Valcamonica three commissioners with verbal +instructions and armed with full powers, who temporarily suppressed the +oratories and made a number of arrests, but the Inquisition intervened, +taking the affair out of his hands and prosecuting the leaders.[91] + +[Sidenote: _THE PELAGINI_] + +We hear nothing more of Filippo, except that he never was condemned. He +probably died early in the history of the sect and his memory was +cherished as that of a saint with thaumaturgic power. In 1686, the +Archpriest of Morbegno, in the Valtelline, was found to be distributing +relics of him and collecting materials for his life and miracles, all of +which he was obliged to abandon, after obeying a summons from Calchi, +the Inquisitor of Como. There were also inquiries made of the Provost of +Talamona as to his motives in keeping a picture of Filippo and whether +it was prayed to.[92] + +After Filippo's disappearance we hear of Francesco Catanei and of the +Archpriest Marc Antonio Ricaldini as leaders of the sect, but Agostino +Ricaldini, a brother of the latter and a married layman, was really the +centre around which it gathered. In Ottoboni's prosecution, he was +imprisoned in 1656 and thrice tortured, and, on September 19, 1660, he +was sentenced by the Brescia tribunal to exile from the Valcamonica and +was relegated to Treviso. Persisting in his errors, he was again tried +in Treviso, obliged to abjure _de vehementi_ and sentenced to perpetual +prison, while a book which he had written was publicly burnt. How long +his imprisonment lasted does not appear but, in 1680, we find him living +in Treviso, under surveillance of the episcopal vicar-general.[93] + +If Ottoboni and the Inquisition fancied that they had crushed the sect, +they were mistaken. It maintained a secret existence for over twenty +years, which enabled it to spread far beyond its original seat and, +about 1680, it had associations and oratories for mental prayer +established in Brescia, Verona, Vicenza, Treviso, Padua, Pesaro, Lucca +and doubtless many other places, while its votaries expected it to +spread through the world. Ricaldini, at Treviso, was busy in +corresponding with the heads of the associations and receiving their +visits. In Brescia, Bartolommeo Bona, priest of S. Rocco, presided over +an oratory of sixty members and was even said to have six hundred souls +under his direction. They were called Pellegrini di S. Rocco, they +practised mental prayer assiduously and had even procured an episcopal +licence for the association. In Verona, Giovanni Battista Bonioli guided +a membership of thirty disciples, many of them persons of high +consideration. For the most part the devotees seem to have been quiet +and pious folk, humbly seeking salvation by the interior way, but there +were some who were given to extravagance. Margarita Rossi had visions +and revelations, strangely repeating portions of the fantastic theology +of Borri, and when written out by a believer, Don Giovanni Antonio, it +was not difficult to extract from them a hundred and thirty-four errors, +concerning which she was tortured as to intention as well as _in caput +alienum_. Two others, Cosimo Dolci and Francesco Nigra had visions and +prophetic insight, for which the latter was sentenced, in 1684, to five +years' incarceration.[94] + +The sect could not continue spreading indefinitely without discovery. In +1682 the Inquisition suddenly awoke to the necessity of action and it +repeated an edict which it had issued in 1656, forbidding all oratories +and assemblages for mental prayer. Ricaldini felt his position critical, +for he had abjured _de vehementi_ and was liable to the stake for +relapse. He disappeared from Treviso and all that the Inquisition could +learn was that he was somewhere on the Swiss border. At length, in 1684, +his retreat was found to be Chiuro, in the Valtelline, and Antonio +Ceccotti, Inquisitor of Brescia, made fruitless attempts to induce the +authorities of the Valtelline and the Podestà of Brescia to unite in +procuring his extradition, but in March, 1685, Ceccotti had the +mortification to learn that he had died on the previous October 6th, +having received all the sacraments and with the repute of a most pious +Christian.[95] + +[Sidenote: _MOLINOS_] + +The prominent Pelagini were duly prosecuted, but there seems to have +been little vindictiveness aroused in regard to them and little heresy +attributable to them. The punishments inflicted were light, for we hear, +in 1685, of Bona, one of the leaders, having returned to his district +and living in retirement, and of Belleri, another, being in the +Valcamonica, where the bishop had appointed him missionary for the whole +district. Evidently the disciples must have escaped with a warning. What +the ecclesiastical authorities objected to was not Mysticism and its +long-accepted practices, but organization, more or less secret, under +leaders outside of the hierarchy and free from its supervision, when +heated brains, under divine inspiration, indulged in dreams of +regenerating the Church. It was not until the case of Molinos had called +attention to other dangers that there came from Rome strict orders for +the suppression of all oratories and of the practice of mental +prayer--that rapture of meditation which had been the distinguishing +habit of mystics through the ages.[96] + + * * * * * + +Miguel de Molinos was a Spaniard, born probably about 1630 at Muniesa +(Teruel). After obtaining at Coimbra the degree of doctor of theology, +he came to Rome in 1665, in connection with a canonization--probably of +San Pedro Arbués, who was beatified in 1668. There he speedily acquired +distinction as a confessor and spiritual director. Innocent XI prized +him so highly as to give him apartments in the papal palace; the noblest +women placed themselves under his care; his reputation spread throughout +Italy and his correspondence became enormous. On the day of his arrest +it is said that the postage on the letters delivered that day at his +house amounted to twenty-three ducats; he made a small charge to cover +expenses and, in the sequestration of his property, there were found +four thousand gold crowns derived from this source. The letters seized +were reported variously as numbering twelve or twenty thousand, of which +two hundred were from Christina of Sweden and two thousand from the +Princess Borghese. The mysticism which proved so attractive, when set +forth by his winning personality, had in it--ostensibly at +least--nothing that had not long since received the approbation of the +Church in the writings of the great Spanish mystics and of St. François +de Sales. It is true that Molinos dropped the machinery of ecstasies and +visions, which loom so largely in the writings of Santa Teresa, and +confined his way of perfection to the Brahmanical ideal of the +annihilation of sense and intellect, the mystic silence or death, in +which speech and thought and desire are no more and in which God speaks +with the soul and teaches it the highest wisdom.[97] This spiritualized +hypnotism was in no way original with Molinos, but was the goal which +all the mystic saints sought to attain. To reach it he tells us the +soul must abandon itself wholly to God; it must make no resistance to +the thoughts or impulses which God might send or allow Satan to send; if +assailed by intruding or sensual thoughts, they should not be opposed +but be quietly contemned and the resultant suffering be offered as a +sacrifice to God.[98] This was the Quietism--the Spanish +_Dejamiento_--which was subsequently condemned so severely; there is no +question that it had its dangers if the senses were allowed to control +the spirit, and the adversaries of Molinos made the most of it, but he +taught that the soul must overcome temptation through patience and +resignation. When souls have acquired control of themselves, he says, if +a temptation attacks them they soon overcome it; passions cannot hold +out against the divine strength which fills them, even if the violence +is continued and is supported by suggestions of the enemy; the soul +gains the victory and enjoys the infinite resultant benefit.[99] + +[Sidenote: _MOLINOS_] + +All this Molinos was allowed to teach for years in the Holy City with +general applause, though it had been persecuted in the Pelagini. In +1675, at the height of his popularity, he embodied his doctrine in the +_Guida spirituale_, a little volume which came forth with the emphatic +approbation of five distinguished theologians--four of them consultors +or censors of the Inquisition and all of them men of high standing in +their respective Orders of Franciscans, Trinitarians, Jesuits, +Carmelites and Capuchins. The book had an immediate and wide circulation +and was translated into many languages. Even in Spain there was a Madrid +edition in 1676, one at Saragossa in 1677 and another at Seville as late +as 1685, without exciting animadversion. Yet such a career as that of +Molinos could not continue indefinitely without exciting hostility, none +the less dangerous because prudently concealed. His immense success was +provocative of envy and, if mystic contemplation was largely adopted as +the surest path to salvation, what was to be the result on the infinite +variety of exterior works to which the Church owed so much of its power +and wealth? It was found that in many nunneries in Rome, whose +confessors had adopted his views, the inmates had cast aside their +rosaries and chaplets and depended wholly on contemplation. It was +observed that at mass the mystic devotees did not raise their eyes at +the elevation of the Host or gaze on the holy images, but pursued +uninterruptedly their mental prayer. Molinos gave further occasion for +criticism by a tract on daily communion, in which he asserted that a +soul, secure that it was not in mortal sin, could safely partake of the +sacrament without previous confession--a doctrine which, however, +theologically defensible, threatened, if extensively practised, largely +to diminish the authority of the priesthood, while encouraging the +sinner to settle his account directly with God. + +To attack as a heretic a man so universally respected and so firmly +entrenched as Molinos might well seem desperate, and it is not +surprising that the credit for the work was attributed to the Jesuits, +as the only body daring and powerful enough. The current story is that, +having resolved upon it, they procured Père La Chaise to induce Louis +XIV to order his ambassador, Cardinal d'Estrées to labor unceasingly for +the removal of the scandal caused by the teaching of Molinos. Whether +this was so is doubtful, but it is certain that the first attack came +from the Jesuits, and that d'Estrées, who had professed the warmest +admiration for Molinos, became his unrelenting persecutor. The campaign +was opened in 1678, when Gottardo Bell' Uomo, S. J., issued at Modena a +work on the comparative value of ordinary and mystic prayer, which was +duly denounced to the Inquisition. Molinos had been made to recognize in +various ways the coming storm, and he sought to conjure it in a fashion +which revealed his conscious weakness. February 16, 1680, he addressed +to the Jesuit General Oliva a long exculpatory letter. He had not +attacked the Society but had always held it in the highest honor, and +when, in Valencia, the University had forbidden the Jesuit College to +teach theology, he was the only one who had disobeyed the order and had +come to its aid. He had never decried the Spiritual Exercises of Loyola, +but had recognized the vast good accomplished by them, though he held +that, for those suited to it, contemplation was better than meditation. +He had for some years been persecuted and stigmatized as a heretic, in +writing and preaching, by the most distinguished members of the Society, +but he rejoiced in this and only prayed God for those who reviled him +nor, in his defence of the _Guida_, had he sought aught but the glory of +God and, so far from defending the Begghards and Illuminati, he had +always condemned them. Evidently the work of the Jesuits in discrediting +him had been active and better organized than the records show, and he +thought it wiser to disarm, if possible, rather than to struggle with +adversaries so powerful. Oliva's answer of February 28th was by no +means reassuring. He complimented Molinos on his Christian spirit in +returning good for evil and on the flattering terms bestowed on the +Society and its founder. He had never read the books of Molinos and +could not speak of them with knowledge but, if they corresponded with +his letter, his disciples were doing him great wrong in applying his +system of contemplation, of which only the rarest souls were capable, +indiscriminately to nuns and worldly young women. Finally, he could not +understand why so distinguished a member of the Society as Padre Bell' +Uomo should have been brought before the Congregation of the Index, and +he gave infinite thanks to God for defending him before it. + +Promptly on the next day, February 29th, Molinos replied to this +discouraging epistle. At much length he disculpated himself for writings +and sayings falsely attributed to him. He held meditation in the highest +esteem as an exercise suited to all; the loftiest form of contemplation +was a gift of God bestowed on the rare souls fitted for it. He again +spoke of the persecution to which he was exposed and, as for Padre Bell' +Uomo, whom he did not know, if his doctrine was as sound as represented +by Oliva, God would enlighten his ministers to recognize it. Oliva's +rejoinder to this, on March 2d, would appear to be written in a style of +studied obscurity, saying much and meaning little, but one passage +reveals a source of Jesuit enmity, in alluding to the number of convents +which had passed out of the direction of the Society to practise the new +method.[100] + +[Sidenote: _MOLINOS_] + +The effort of Molinos to propitiate his enemies had only encouraged them +by its confession of weakness. Their next step was a dextrous one. Padre +Paolo Segneri was not only the most popular Jesuit preacher in Italy, +but his favor with Innocent XI was almost as great as that of Molinos. +He was selected as the next athlete and, in 1680, he issued a little +volume--"Concordia tra la fatica e la quiete nell' oratione," in which +he argued that the highest life is that which combines activity with +contemplation. He was promptly answered by Pietro Matteo Petrucci, an +ardent admirer of Molinos, who was rewarded by Innocent with the see of +Jesi. Segneri rejoined in a "Lettera di riposta al Sig. Ignacio +Bartalini" and the controversy was fairly joined. A more aggressive +antagonist was the Minorite Padre Alessandro Reggio whose "Clavis Aurea +qua aperiuntur errores Michaelis de Molinos" appeared in 1682 and boldly +argued that the _Guida_ revived the condemned errors of the Begghards, +that Quietism destroyed all conceptions of the Trinity, while the +practice of prayer without works was destructive of all the pious +observances prescribed by the Church, and the teaching that temptation +should be endured without resistance was dangerous and contrary to +Scripture and to the doctors. Petrucci responded vigorously, while +Molinos remained silent. He had, at least, the advantage of official +support, for Bell' Uomo's book was forbidden _donec corrigatur_; +Segneri's "Lettera" and the "Clavis Aurea" were condemned +unconditionally, and Segneri's "Concordia," while it escaped the Index, +was quietly forbidden and he was instructed to revise it.[101] + +The Jesuits, however, were not the only body interested in the downfall +of Molinos. There is a curious anonymous tract devoted to explaining +what it calls the secret policy of the Quietists, assuming their main +object to be the destruction of all the religious Orders and especially +of the Dominicans and Franciscans. Apparently taking advantage of the +development of the Pelagini about this time, it asserts that the +Quietists had organized conventicles and oratories throughout Italy; +that they had a common treasury in which 14,000 ducats were found; that +they flattered the secular clergy and sought to unite them in opposition +to the regulars, whom they systematically decried, raking together all +the stories of their corruption and ignorance. In short, Quietism was a +deep-laid conspiracy, through which Molinos expected to revolutionize +the Church and reduce the religious Orders to impotence.[102] The only +importance of the tract is as a manifestation of the attitude of the +regulars towards Molinos and the hostility aroused by his success in +winning from them, for his disciples, the directorship of souls which +was their special province. + +The enormous influence of the elements thus combining for his +destruction left little doubt of the result. The first open attack was +made in June, 1682, when Cardinal Caraccioli, Archbishop of Naples, a +pupil of the Jesuits, reported to the pope that he found his diocese +deeply infected with this new Quietism, subversive of the received +prescriptions of the Church, and he asked instructions for its +suppression, nor was he alone in this for similar appeals came from +other Italian bishops. Molinos was too firmly established in the papal +favor for this to dislodge him, but the hostile forces gradually +gathered strength and, in November, 1684, the Congregation of the +Inquisition formally assumed consideration of the matter. At its head +was Cardinal Ottoboni, a fanatic whose experience with the Pelagini, +when Bishop of Brescia, had sharpened his hatred of mysticism. The +spirit in which he conducted the inquest is revealed in a memorandum in +his handwriting of the points to be elaborated in the next day's meeting +of the Congregation--that this heresy is the worst of all and if left +alone will become inextinguishable; that it is spreading in Spain +through the Archbishop of Seville and in France with many books of the +most dangerous nature; that it destroys the Catholic faith and all the +religious Orders; that in Jesi the canons and the cura of the cathedral +keep a school for its propagation; that a rich and powerful citizen of +Jesi threatens the witnesses and that a vigorous commissioner must be +sent there; that the monasteries of Faenza and Ravenna are infected and +one in Ferrara has a Quietist confessor; that this pestilence calls for +fire and steel.[103] In a court presided over by so bitter a prosecutor, +the judgement was fore-ordained. + +For awhile the contending forces seem to have been equally balanced and +eight months were spent in gathering testimony sufficient to justify +arrest. At last, on July 3, 1685, at a meeting of the Congregation, +Cardinal d'Estrées insisted that no one should leave the chamber until +the arrest was ordered and executed. This was agreed to; the sbirri were +despatched and Molinos was lodged in the prison of the Inquisition.[104] +Yet when, on November 9th the Spanish Holy Office condemned the _Guia +espirituale_ as containing propositions savoring of heresy and +Illuminism, the Congregation addressed to the pope a vigorous protest +against its action on a matter which was still under consideration at +headquarters.[105] + +[Sidenote: _MOLINOS_] + +The influence of Queen Christina, we are told, was exerted to procure +for Molinos better treatment than was usual with prisoners. Of the +details of the trial we know little or nothing, but, as torture was +habitual in the Roman Inquisition, it is not probable that he was +spared. As his books had not been condemned, the evidence employed was +drawn exclusively from the immense mass of his correspondence and MSS. +which had been seized, the depositions of witnesses and his own +confessions, so that we are unable to judge how far it justified the +conclusions set forth in the sentence, though, from the manner in which +that discriminates between what he admitted and what he denied, it is +but fair to assume that it represents correctly the evidence before the +tribunal. The trial was necessarily prolonged. In his defence +interrogatories were forwarded to Saragossa and Valencia, in 1687, where +his witnesses were duly examined.[106] Two hundred and sixty-three +erroneous propositions were extracted by the censors from the mass of +matter before them, to which he of course was required to answer in +detail, and these seem to have been condensed into nineteen for the +consideration of the Congregation.[107] + +Petrucci was threatened and his elevation to the cardinalate, September +2, 1686, was ascribed to the desire of Innocent to save him from +prosecution. Shortly afterwards, two of the principal assistants of +Molinos, the brothers Leoni of Como, of whom Simone was a priest and +Antonio Maria was a tailor, were arrested. Then, on February 9, 1687, +followed the arrest of the Count and Countess Vespiniani, of Paolo +Rocchi, confessor of the Princess Borghese, and of seventy others, +causing general consternation, not diminished by the subsequent +imprisonment of some two hundred more. The Congregation was doing its +work thoroughly and it was even said that, on February 13th, it +appointed a commission which examined the pope himself. A revolution in +the traditional standards of orthodoxy could not be effected without +compromising multitudes, and the victors were determined that their +victory should be complete. On February 15th, Cardinal Cibò, the +secretary of the Congregation, addressed to all the bishops of Italy a +circular stating that in many places there existed or were forming +associations called spiritual conferences, under ignorant directors, +who, with maxims of exquisite perfection, misled them into most +pernicious errors, resulting in manifest heresy and abominable +immorality. The bishops were therefore ordered to investigate and, if +such assemblies were found, to abolish them forthwith, taking moreover +especial care that this pestilence was not allowed to infect the +monasteries. + +[Sidenote: _MOLINOS_] + +There could be but one end to the trial. Every possible accusation was +brought against Molinos, even to a foolish self-laudatory speech made to +the sbirri who arrested him, and his admiring certain anagrams made of +his name. One charge, which he denied, was his giving to a certain +person the soiled shirt in which he had come from Spain, saying that, +after his death, it would be a great relic. He seems to have responded +with candor to the various articles, denying some and admitting others. +Of the articles the most important were his justifying the sacrilege of +breaking images and crucifixes; depreciating religious vows and +dissuading persons from entering religious Orders; saying that vows +destroyed perfection; that, by the prayer of Quiet, the soul is rendered +not only sinless but impeccable, for it is deprived of freedom and God +operates it, wishing us sometimes to sin and offend him, and the demon +moves the members to indecent acts; that the three ways of the spirit, +hitherto described by the doctors, are absurd and that there is but one, +the interior way; that he had formed conventicles of men and women and +permitted them to perform immoral acts and to eat flesh on fast days. +He admitted excusing the breaking of images and crucifixes; he denied +depreciation of solemn vows, but admitted it as respects private ones, +and he had only dissuaded from entering religion those whom he knew +would create scandal. He denied teaching that in Quietism the soul +becomes impeccable, but only that it did not consent to the act of sin +and he said that he knew many persons practising it who lived many years +without committing even venial sin. He denied also that Quietism +deprived the soul of freewill, but said that, in that perfect union with +God, it was God who worked and not the faculties, and when he said that +God sometimes wished sin, he meant material sin (as distinguished from +formal), and that the demon, as God's instrument to mortify the flesh +and purify the soul, causes sometimes the hand and other members to +perform lascivious acts. He denied condemning the three ways of the +spirit, having meant only that the interior way was so much more perfect +that the others were negligible by comparison. He denied forming +conventicles in which lascivious acts were permitted and he had excluded +some persons who would not refrain from them. He admitted eating flesh +on prohibited days, and that he had not perfectly observed a single Lent +since he came to Rome, but said that this was by licence of his +physician. He confessed that for many years he had practised the most +indecent acts with two women, the details of which need not be repeated; +he had not deemed this sinful, but a purification of the soul and that +in them he enjoyed a closer union with God; these were merely acts of +the senses, in which the higher faculties had no part, as they were +united with God. When he was told that these were propositions +heretical, bestial and scandalous, he replied that he submitted himself +in all things to the Holy Office, recognizing that its lights were +superior to his own.[108] + +A sentence of condemnation was inevitable. It was drawn up, August 20, +1687; on the 28th an inquisitorial decree was signed embodying +sixty-eight propositions, drawn from the evidence and confessions, which +were condemned as heretical, suspect, erroneous, scandalous, +blasphemous, offensive to pious ears, subversive of Christian discipline +and seditious; they were not to be taught or practised under pain of +deprivation of office and benefice and perpetual disability, and of an +anathema reserved to the Holy See. All the writings of Molinos, in +whatever language, were forbidden to be printed, possessed or read, and +all copies were, under the same penalties, to be surrendered to the +inquisitors or bishops, who were to burn them.[109] This was posted in +the usual places on September 3d, the day fixed for the atto di fede in +which Molinos was to appear. + +Under a heavy guard he was brought, on the previous evening, from the +inquisitorial prison to the church of Santa Maria sopra Minerva, in +which the atto was to be celebrated. In the morning, in a room next to +the sacristy, he was exhibited to some curious persons of distinction, +eliciting from him an expression of indignation, construed as indicating +how little he felt of real repentance. This was confirmed by what +followed, explicable possibly by Spanish imperturbability, but more +probably by the Quietism which led him to regard himself as the passive +instrument of God's will, and superbly indifferent to whatever might +befall him, so long as his soul was rapt in the joys of the mystic +death, which he had taught as the _summum bonum_. Called upon to order a +meal, he specified one which in quantity and quality might satisfy the +most voracious _gourmet_ and, after partaking of it, he lay down to a +refreshing siesta, until he was roused to take his place on the platform +where, in spite of his manacles, his bearing was that of a judge and not +of a convict. + +[Sidenote: _CONDEMNATION OF MOLINISM_] + +The vast church was thronged to its farthest corner with all that was +notable in Rome, including twenty-three cardinals, and the spacious +piazza in front and all the neighboring streets were crowded. An +indulgence of fifteen days and fifteen quarantines had been proclaimed +for all in attendance, but in Rome, where plenary indulgences could be +had on almost every day in the year by merely visiting churches, this +could not account for the eagerness which brushed aside the Swiss guards +stationed at the portals, requiring a reinforcement of troops and +resulting in considerable bloodshed. As the long sentence was read, +with its details of Molinos's enormities, occupying two hours, it was +interrupted with the frequent roar of Burn him! Burn him! led by an +enthusiastic cardinal and echoed by the mob outside. Through all this, +we are told, his effrontery never failed him, which was reckoned as an +infallible sign of his persistent perversity. The sentence concluded by +declaring him convicted as a dogmatizing heretic but, as he had +professed himself repentant and had implored mercy and pardon, it +ordered him to abjure his heresies and to be rigidly imprisoned with the +sanbenito for life, without hope of release, and to perform certain +spiritual exercises. This was duly executed and he lingered, it was said +repentant, until his death, December 28, 1696. The day after the atto di +fede his disciples performed their abjuration. There was no desire to +deal harshly with them, and they were dismissed with trivial penances, +except the brothers Leoni. Simone the priest, who had been a popular +confessor, was sentenced to ten years' imprisonment; Antonio Maria, the +tailor, who had been a travelling missionary and organizer, was +incarcerated for life. There was still another victim, the secretary of +Molinos, Pedro Peña, arrested May 9, 1687, for defending his master. He +was fully convicted of Quietism and, on March 16, 1689, he was condemned +to life-long prison.[110] + +There still remained the publication to Christendom of the new position +assumed by the Holy See towards Mysticism. The sixty-eight propositions, +condemned in the inquisitorial decree of August 28th, were printed in +the vernacular and placed on sale, but were speedily suppressed. There +must still have been opposition in the Sacred College, or on the part of +Innocent XI, for the bull _Coelestis Pastor_ was not drawn up and +signed until November 20th, and was not finally published to the world +until February 19, 1688. This recited the same series of propositions +and the condamnation of Molinos and confirmed the decree of August +28th. The propositions condemned consisted, for the most part, of the +untenable extravagances of Quietism, including impeccability and the +sinlessness of acts committed while the soul was absorbed with God, but +it was impossible to do this without condemning much that had been +taught and practised by the mystic saints, and there were no saving +clauses to differentiate lawful from unlawful converse of the soul with +its Creator. The Church broke definitely with Mysticism, and by +implication gave the faithful to understand that salvation was to be +sought in the beaten track, through the prescribed observances and under +the guidance of the hierarchical organization.[111] + +This change of front was emphasized in various ways. Innocent's favor +saved Cardinal Petrucci from formal prosecution; to the vexation of the +Inquisition, his case was referred to four cardinals, Cibò, Ottoboni, +Casanate and Azzolini; he professed himself ready to retract whatever +the pope objected to and, though the Inquisition held an abjuration to +be necessary, he was not required to make it; he was relegated to Jesi +and then recalled to Rome, where he was kept under surveillance. He +could not, moreover, escape the mortification of seeing the books, which +had been so warmly approved, condemned by a decree of February 5, 1688. +Many other works, which had long passed current as recognized aids to +devotion, were similarly treated--those of Benedetto Biscia, Juan +Falconi, François Malaval and of numerous others--even the _Opera della +divina Gratia_ of the Dominican Tommaso Menghini, himself +Inquisitor-general of Ferrara and author of the _Regole del Tribunal del +Santo Officio_, which long remained a standard guide in the tribunals. +What had been accepted as the highest expression of religious devotion +had suddenly become heresy.[112] Apparently it was not until May, 1689, +that instructions were sent everywhere to demand the surrender of all +books of Molinos and to report any one suspected of Molinism.[113] + +[Sidenote: _THE BECCARELLISTI_] + +Persecution received a fresh impulse when Cardinal Ottoboni, as +Alexander VIII, succeeded Innocent XI, October 6, 1689. Bernino tells us +that he appeared to him an angel in looks and an apostle in utterance +when he declared that there was no creature in the world so devoid of +sense as a heretic for, as he was deprived of faith so also was he of +reason. His first care was to remove from office and throw into +irremissible prison every one who was in the slightest degree suspect of +Molinism; in this he did not even spare his Apostolic camera, for he +arrested an Apostolic Prothonotary and, although in the Congregation of +the Inquisition there were four kinsmen of the prisoner, zeal for the +faith preponderated over blood.[114] Fortunately his pontificate lasted +for only sixteen months, so that he had but limited opportunity for the +gratification of his ardent fanaticism and scandalous nepotism. + +In spite of all this, there were still found those who indulged their +sensual instincts under cover of exalted spirituality. In 1698 there was +in Rome the case of a priest, named Pietro Paolo di San Giov. +Evangelista, who had already been tried by the tribunals of Naples and +Spoleto, so that his career must have been prolonged, while references +to a Padre Benigno and a Padre Filippo del Rio show that he was not +alone. He had ecstasies and a following of devotees; he taught that +communion could be taken without preliminary confession and that, when +the spirit was united with God, whatever acts the inferior part might +commit were not sins. He freely confessed to practices of indescribable +obscenity with his female penitents, whom he assured afterwards that +they were as pure as the Blessed Virgin. He was sentenced to perpetual +prison, without hope of release, and to a series of arduous spiritual +penances, while Fra Benigno escaped with seven years of +imprisonment.[115] + +Another development of the same tendencies--probably a survival of the +Pelagini--was discovered in Brescia in 1708. The sectaries called +themselves disciples of St. Augustin, engaged in vindicating his +opinions on predestination and grace, but they were popularly known as +Beccarellisti, from two brothers, priests of the name of Beccarelli, +whom they regarded as their leaders. For twenty-five years--that is, +since the ostensible suppression of the Pelagini--the sect had been +secretly spreading itself throughout Lombardy, where it was said to +number some forty-two thousand members, including many nobles and +wealthy families and ecclesiastics of position. They had a common +treasury and a regular organization, headed by the elder Beccarelli as +pope, with cardinals, apostles and other dignitaries. The immediate +object of the movement, we are told, was to break the power of the +religious Orders and to restore to the secular priesthood the functions +of confession and the direction of souls which it had well-nigh lost, +but there was taught the Quietist doctrine of divine grace to which the +devotee surrendered all his faculties. This was allowed to operate +without resistance, and Beccarelli held that Molinos was the only true +teacher of Christian perfection, but we may safely reject as +exaggeration the statement that carnal indulgence was regarded as +earning a plenary indulgence, applicable to souls in purgatory. Cardinal +Badoaro, then Bishop of Brescia, took energetic measures to stamp out +this recrudescence of the condemned doctrines; the leaders scattered to +Switzerland, Germany and England, while Beccarelli was tried by the +Inquisition of Venice and was condemned to seven years of +galley-service.[116] + +Probably the latest victims who paid with their lives for their belief +in the efficacy of mental prayer and mystic death were a beguine named +Geltruda and a friar named Romualdo, who were burnt in a Palermitan atto +di fede, April 6, 1724, as impenitent Molinists after languishing in +gaol since 1699.[117] + +[Sidenote: _FÉNELON AND BOSSUET_] + +If, in the condemnation of Molinos, Mysticism was not wholly condemned, +what was lacking was supplied when the duel between the two glories of +the Gallican Church--Bossuet and Fénelon--induced an appeal to the Holy +See. Beyond the Alps, mystic ardor was not widely diffused in the +seventeenth century, yet there were those who revelled in the agonies +and bliss of the interior way. St. François de Sales, who died in 1622, +was beatified in 1661 and canonized in 1665, taught Quietism as +pronounced as that of Molinos, although he avoided the application to +sensuality. The soul abandoned itself wholly to God; when divine love +took possession of it, God deprived it of all human desires, even for +spiritual consolations, exercises of piety and the perfection of virtue. +He said that he had scarce a desire and, if he were to live again, he +would have none; if God came to him, he would go to meet him but, if God +did not come, he would remain quiescent and would not seek God. Freedom +of the spirit consisted in detachment from everything to submit to the +will of God, caring neither for places, or persons, or the practice of +virtue.[118] It followed that the soul, absorbed in divine love, had +nothing to ask of God; it rested in the quiet of contemplation, while +vocal prayer and all the received observances of religion were cast +aside, as fitted only for those who had not attained these mystic +altitudes. Then there was Antoinette Bourignon (1616-1680) who, in her +voluminous writings, taught the supremacy of the interior light, the +abandonment of the faculties to the will of God, and the utter +renunciation of self in the ardor of divine love.[119] There was Jean de +Bernières-Louvigny (1602-1659) whose writings had an immense circulation +and whose views as to mystic death were virtually the same as those of +Molinos.[120] All these and others taught and wrote without +interference, save from polemics, such as those of Pére Archange Ripaut, +Guardian of the Capuchin convent of S. Jacques in Paris, who devoted a +volume of near a thousand pages to their refutation and reprobation. If +we are to believe him, these superhuman heights of spirituality were +accompanied in France, as elsewhere, with sensuality.[121] + +The condemnation of Molinos and the sixty-eight propositions attributed +to him naturally attracted attention to the more or less quietistic +developments of Mysticism, but it is probable that no action on the +subject would have been taken in France had not personal motives +suggested the persecution of one who chanced at the moment to be the +most prominent representative of the interior way--that very curious +personality, Jeanne Marie Bouvières de la Mothe Guyon, whose +autobiography, written with a frank absence of reserve, affords a living +picture of the self-inflicted martyrdom endured in the struggle to +emancipate the soul from the ties of earth. When she reached the final +stage she tells us that formerly God was in her, now she was in him, +plunged in his immensity without sight or light or knowledge; she was +lost in him as a wave in the ocean; her soul was as a leaf or a feather +borne by the wind, abandoning itself to the operation of God in all that +it did, exteriorly or interiorly. She acquired the faculty of working +miraculous cures and her power over demons was such that, if she were in +hell, they would all abandon it. At times the plenitude of grace was so +superabundant and so oppressive that she could only lie speechless in +bed; it so swelled her that her clothes would be torn and she could find +relief only by discharging the surplus on others.[122] + +It is beyond our province to enter into the miserable story of her +persecutions, commenced by some of her relatives and carried on by +Bossuet, leading to her reclusion in convents and imprisonment in +Vincennes and the Bastile. It suffices for us that her influence +stimulated Fénelon's tendency to Mysticism and converted into bitter +hostility the friendship between him and Bossuet. A commission, +appointed to examine her doctrine and headed by Bossuet, drew up, in +1694, a list of thirty-four errors of Mysticism, which Fénelon willingly +signed and which Bossuet and Noailles, then Bishop of Châlons-sur-Marne, +issued with instructions for their dioceses, including condemnations of +the _Guide_ of Molinos, the _Pratique facile_ of Malaval, the _Règle des +Associés de l'Enfant Jésus_, the _Analis_ of Lacombe and Madame Guyon's +_Moyen court_ and _Cantique des Cantiques_. By this time Madame Guyon +had been put out of the way, and the matter might have been allowed to +rest under the comprehensive definitions of the bull _Coelestis +pastor_, but Bossuet's combative spirit had been aroused and he was +determined to crush out all vestiges of Mysticism, heedless of what the +Church had accepted for centuries. He drew up an Instruction on the +various kinds of prayer, in which he pointed out, in vigorous terms, the +dangers attendant on contemplation. Noailles, now Archbishop of Paris, +signed it with him, and they invited Fénelon to join but he refused, in +spite of entreaties and remonstrances, for it attributed to Madame Guyon +all that was most objectionable in Illuminism. + +[Sidenote: _FÉNELON AND BOSSUET_] + +The breach between the friends had commenced and it widened irrevocably +when Fénelon, in justification of himself, published, in February 1697, +his _Explication des Maximes des Saints sur la Vie intérieure_, with a +letter to Madame de Maintenon animadverting sharply on Bossuet's +injustice. The book was based chiefly on the utterances of St. François +de Sales, but it carefully guarded the practice of Quietism from all +objectionable deductions. There was no self-abandonment to temptations +and no claim of impeccability; souls of the highest altitude could +commit mortal sin; they were bound daily to ask God for forgiveness, to +detest their sins and seek remission, not for the mercenary motive of +their own salvation but in obedience to the wishes of God. It is true +that they were not tied down to formal observances, but vocal prayer was +not to be decried,--though its value depended upon its being animated by +internal prayer. The indifference, which was the point most objected to +in Quietism, was greatly limited by Fénelon. The senseless determination +to wish for nothing was an impious resistance to the known will of God, +and to all the impulses of his grace; it is true that the advanced soul +wishes nothing for itself but it wishes everything for God; it does not +wish perfection or happiness for itself, but it wishes all perfection +and happiness, so far as it pleases God to make us wish for these +things, by the impulsion of his grace. In this highest state the soul +does not wish salvation in its own interest, but wishes it for the glory +and good pleasure of God, as a thing which he wishes and wishes us to +wish for his sake. + +It is difficult to see what objection could be raised to a Quietism thus +strictly limited and guarded, and no one who compares the _Maximes des +Saints_ with the extravagance of the great mystic saints can fail to +recognize that the violent quarrel which arose was a purely personal +matter. In this Fénelon defended himself with dignity and moderation, +while the violence of Bossuet's attack sometimes bordered on truculence. +He was secure in the support of the court. Louis XIV had been won over, +and it soon became to him a matter of personal pride to overcome all +resistance to his will. Fénelon was banished to his diocese of Cambrai +and deprived of his position of preceptor to the royal children, showing +that he was in complete disgrace and warning all time-servers to abandon +him. + +It was soon evident that the matter would have to be settled in Rome. +Bossuet sent an advance copy of his Instruction to Innocent XII, +pointing out that he was applying in France the principles affirmed in +the condemnation of Molinos. Fénelon followed his example and, on April +27th, sent the _Maximes_, stating that he submitted it to the judgement +of the Holy See. The curia gladly accepted the task, rejoiced at the +opportunity of intervening authoritatively in a quarrel within the +Gallican Church. Fénelon was refused permission to go to Rome and +defend himself, but he had a powerful protector in the person of the +Cardinal de Bouillon, then French ambassador and a member of the +Congregation of the Inquisition, who loyally stood by him even at the +expense of a rebuke from his royal master. He also secured the support +of the Jesuits, whose Collége de Clermont had approved of the _Maximes_, +and who promised to manifest as much energy in his defence as they had +shown in procuring the condemnation of Cornelis Jansen. These weighty +influences might secure delay and discussion, but they could not control +the result against the overmastering pressure of such a monarch as Louis +XIV who, on July 27, 1697, wrote to the pope that he had had the +_Maximes_ examined and that it was pronounced "très mauvais et très +dangéreux," wherefore he asked to have judgement pronounced on it +without delay. Then, on May 16, 1698, the nuncio at Paris reported that +the king complained of the delay; it was in contempt of his person and +crown, and if Rome did not act promptly he would take such measures as +he saw fit. Threats such as this were not to be lightly disregarded, and +still more ominous was an autograph letter to the pope, December 23d, +expressing his displeasure at the prolongation of the case and urging +its speedy conclusion. + +[Sidenote: _FÉNELON AND BOSSUET_] + +To Bossuet's representative and grand-vicar, the Abbé Phelippeaux, we +owe a minute report of the long contest, which affords an interesting +inside view of the conduct of such affairs, showing how little regard +was paid to the principles involved and how completely the result +depended on intrigue and influence. The case passed through its regular +stages. A commission of seven consultors had been found, to whom, after +a struggle, three were added. These disputed at much length over +thirty-seven propositions extracted from the book and, when at length +they made their report to the Congregation of the Inquisition, they +stood five to five, showing that each side had succeeded in putting an +equal number of friends on the commission. In the Congregation, the +struggle was renewed and continued through thirty-eight sessions. Had +the fate of Europe been at stake, the matter could not have been more +warmly contested. At length the inevitable condemnation was voted, and +then came a fresh contest over the phraseology of the decree. Bossuet's +agents were not content with the simple condemnation of twenty-three +propositions and the prohibition of the book, and they struggled +vigorously for clauses condemning and humiliating Fénelon himself, +showing how purely personal was the controversy. In this they failed, +as well as in the endeavor to have the propositions characterized as +heretical; they were only pronounced to be respectively rash, +scandalous, ill-sounding, offensive to pious ears, pernicious in +practice and erroneous. The principal doctrine aimed at was that the +pure love of God should be wholly disinterested, and that its acts and +motives should be divested of all mercenary hope of reward. The brief +was finally agreed to, on March 12, 1699, and published on the 13th. It +was in the form of a _motu proprio_ which, under the rules in force in +France respecting papal decrees, precluded its acceptance and +registration by the Parlement, but Louis, ordinarily so tenacious about +papal intrusion, found indirect means of eluding the difficulty. + +Fénelon, however, had not awaited this cumbrous procedure. In a +dignified letter of submission to the pope, April 4, 1699, he stated +that he had already prepared a _mandement_ for his diocese, condemning +the book with its twenty-three propositions, which he would publish as +soon as he should receive the royal permission. This was promptly given +and, on April 9th he issued it, forbidding the possession and reading of +the _Maximes_, and condemning the propositions "simply, absolutely and +without a shadow of restriction." Innocent XII, who had more than once +indicated sympathy with Fénelon, responded May 12th, in a brief +expressing his cordial satisfaction, bestowing on him his loving +benediction and invoking the aid of God for his pastoral labors. +Bossuet, with the royal assistance, had triumphed, at the cost of a +stain on his reputation; what the Church had gained, in condemning the +sublimated speculations of a rarefied and impracticable Mysticism, it +would be hard to say.[123] + +Yet, as though to indicate that there is no finality in these matters, +Pius VI, in 1789, beatified the Blessed Giovanni Giuseppe della Croce +([dagger symbol] March 5, 1734), who was much given to contemplation and to +union with God, in which all his faculties were lost, as completely as +in the trances of his prototype, San Juan de la Cruz, or as in the +mystic death of Molinos. That his Mysticism did not forfeit the favor of +heaven was shown by his possessing the gift of bilocation--of being in +two places at one time--of which numerous instances were cited in the +beatification proceedings.[124] + + * * * * * + +The Spanish Inquisition which had so long carried on single-handed the +struggle against Mysticism, watched with satisfaction the Roman +proceedings against Molinos. As we have seen, his arrest, on July 3, +1685, was promptly followed, November 9th with a condemnation of the +_Guida_ which, for nine years, had been allowed to circulate freely in +Spain. The edict pronounced it to contain propositions ill-sounding, +offensive to pious ears, rash, savoring of the heresy of the Alumbrados, +and some erroneous ones, and the title was denounced as misleading +because it spoke only of the interior way.[125] When the sentence of the +Roman Inquisition was published, September 3, 1687, although as a rule +the Spanish Holy Office paid no attention to its decrees, the +sixty-eight propositions were speedily translated into the vernacular +and widely distributed. On October 11th, sixty copies were sent to +Valencia to be posted, with orders to print more if they should be +required. These were accompanied with an edict, commanding obedience and +threatening the most rigorous prosecution for remissness, while all +persons were ordered to denounce, within ten days, contraventions of any +kind coming to their knowledge. This edict was to be published in all +churches of the capitals of _partidos_ and an authentic record of such +publication was to be affixed to the doors. In due time, when the bull +_Coelestis pastor_ was issued, it was circulated with the same +prescriptions.[126] There was evidently a determination to make the most +of this new ally in the struggle with Mysticism. + +[Sidenote: _MOLINISM_] + +The Seville tribunal, indeed, had not waited for this, as it had +already, April 24, 1687, arrested a canon of the church of San Salvador, +Joseph Luis Navarro de Luna y Medina, who was a correspondent of +Molinos and had sent him his autobiography, in order to obtain +instructions for his spiritual guidance. He had previously been deprived +of his licence as confessor, on charges of imprudent conduct as +spiritual director of a nunnery, but Jaime de Palafox, Archbishop of +Seville, who was a warm admirer of Molinos, had restored the licence, +introduced him in all the convents and adopted him as confessor of +himself and his family. For four years Navarro endured incarceration and +the torture which was not spared, but he succumbed at last, confessed +and sought reconciliation. His sentence declared him guilty of the +errors of the Lutherans, Calvinists, Arians, Nestorians, Trinitarians, +Waldenses, Agapetæ, Baianists and Alumbrados, besides being a dogmatizer +of those of Molinos, with the addition that evil thoughts arising in +prayer should be carried into execution, and also that, when his +disciples assembled in his house, the lights would be extinguished and +he would teach doctrines too foul for description. The tribunal itself +could scarce have believed all this, for he was only required to abjure, +to be deprived of benefice and functions, to be recluded for two years +and be exiled for six more. When the term had expired he returned to +Seville and then, until his death, in 1725, he passed his days in the +churches, where the Venerable Sacrament was exposed for adoration, +carrying with him a hinged stool on which he sat, gazing at the +Host.[127] He was not the only Molinist in Seville for in 1689, after +three years' trial, Fray Pedro de San José was condemned as a disciple +of Molinos, for committing obscenities with his penitents and +foretelling his election as pope and his suffering under Antichrist, who +was already in Jerusalem, twenty years old. He was sentenced to abjure +_de vehementi_, to undergo a circular discipline in his convent, to +perpetual deprivation of teaching and confessing, and to six years' +reclusion in a convent, with the customary disabilities.[128] Soon +afterwards there was penanced in an auto, May 18, 1692, a woman named +Ana Raguza, popularly known as _la pabeza_, as an Alumbrada and +Molinista. She had come from Palermo as a missionary to convert the +wicked, probably in the train of Palafox, who had been Archbishop of +Palermo. She called herself a bride of Christ, she had visions and +revelations, she denied the efficacy of masses and fasts, and she had +the faculty of determining the condition of consciences by the sense of +smell. She escaped with two years of reclusion and six more of +exile.[129] + +[Sidenote: _MOLINISM_] + +The condemnation of Molinos seems to have stimulated the Inquisition to +greater activity in the suppression of mysticism, for cases begin to +appear more frequently in the records and henceforth the term Molinism, +to a great extent, takes the place of Illuminism. We hear of a Molinist +penanced in a Córdova auto of May 12, 1693,[130] and he cannot have been +the only one there for Fray Francisco de Possadas of that city tells us +that he was led to write his book against the carnal errors of Molinos +by his experience in the confessional, showing that some of his +penitents had been misled by them.[131] The report of the Valencia +tribunal, for 1695, contains three cases then on trial. The Franciscan, +Fray Vicente Selles, had been arrested in 1692. He had led a life +exteriorly austere, practising meditation and contemplation, and he +freely admitted that when Molinos was condemned he held that the pope +was wrongly informed. His overwrought brain gave way under the stress of +confinement; at times he was full of religious emotion and solicitous as +to his salvation, while at others he was violently insane, performing +various crazy freaks. On August 24th he attempted suicide by dashing his +head against a projecting piece of iron, causing a wound so serious that +several pieces of skull were discharged and, on February 6, 1693, the +surgeons reported his life to be still in danger. He remained +_melancolico_, variable in mood, confessing and retracting until, on +October 23d, he confessed fully to Molinism, naming eleven women with +whom he had had relations in the confessional and also admitting +unnatural crime and other offences. At the date of the report his trial +was still unfinished. Another phase of these eccentric methods of +salvation is presented in the case of Vicente Hernan, a hermit of San +Cristóbal of Concentayna, accused by three women of teaching them the +way of bruising the head of the serpent by sleeping with them and +resisting temptation, and of attempting indecencies, which they denied +permitting. He was arrested September 23, 1692, and in two audiences he +was a _negativo_. Then on December 17th he asked for an audience in +which he said that for eight days some little flies and black pigeons +had been biting him and reminding him of things forgotten, whereupon he +told of the women whom he had got to sleep with him, sometimes two or +three at a time, and he also mentioned numerous miraculous cures which +he had wrought. In January 1693, he said that the demons with the voice +of flies had been recalling his sins, and he told of three other women. +Doubts arose as to his sanity and, at the end of 1693 steps were taken +to investigate it, which were still in progress at the time of closing +the report. The third case was that of Mosen Antonio Serra, whose +doctrines the calificadores reported to be Molinistic. He was arrested +December 19, 1695, so that his trial had only begun.[132] + +In 1708 the Toledo tribunal arrested Fray Manuel de Paredes, a +contemplative fraile, who encouraged mystic practices among his +penitents, leading to several trials, which illustrate the increased +severity visited upon these condemned forms of devotion.[133] The same +tendency is visible soon afterwards at Córdova, where a little +conventicle of _Molinistas alumbrados_ was discovered in the Dominican +convent of San Pablo, under the leadership of a beata named Isabel del +Castillo. Her disciples abandoned to her their free-will and all their +faculties; they had no need of fasts and penances but could transfer +their sins to her and the path of salvation lay through sensual +indulgence. In the auto of April 24, 1718, there were seven of them +penanced, Isabel being visited with two hundred lashes and perpetual +prison; the friars were reconciled, deprived of their functions and +imprisoned, some irremissibly and some perpetually, while the laymen had +penances of various degrees of severity.[134] + +During this period there occurred a case deserving of consideration in +some detail, not only because of the prominence of the culprit but +because it affords a clearer view than others of the strange +intermixture of sensuality and spirituality, which was distinctly known +as Molinism, and of the self-deception which enabled men and women to +indulge their passions while believing themselves to be living in the +mystic altitude of Union with God. Perhaps this may partly be +explicable by the teachings of the laxer morality, current in the +sixteenth century and known under the general name of Probabilism, and +by the distinction between material and formal sin, whereby that alone +was mortal sin which the conscience recognized as such, the conscience +being still further eased by refinements as to advertence and consent. +In the skilful hands of the casuists, the boundaries between right and +wrong became dangerously nebulous, and arguments were plentiful through +which men could persuade themselves that whatever they chose to do was +lawful. + +[Sidenote: _BISHOP TORO OF OVIEDO_] + +Joseph Fernández de Toro was an inquisitor in Murcia, deeply imbued with +quietistic Mysticism. In 1686 he issued anonymously in Seville a little +tract with the significant title of "Remedio facilissimo para no pecar +en el uso y exercicio de la Oracion," which in time duly found its way +into the Index.[135] As inquisitor he had manifested his tendencies, +when a prelate of high repute and station in a religious Order was tried +before him for solicitation _ad turpia_ in the confessional. Guided by +the light within, Toro was satisfied that it was merely a case of +obsession by the demon; he persuaded the Suprema to accept this view, +and the culprit escaped with suspension from celebrating mass and +hearing confessions until the obsession should pass. In 1706, he was +promoted to the see of Oviedo, of which he took possession October 1st. +Unluckily for him there was at Oviedo the Jesuit college of San Mathias; +his reputation for Quietism seems to have preceded him, and the heads of +the college resolved themselves into a corps of detectives. Professing +the utmost friendship, they speedily acquired his confidence and he +talked with them freely. They were prompt in action for, in January +1707, Padre José del Campo drew up for the inquisitor-general an +elaborate secret denunciation, setting forth how Toro in conversation +had offered to explain to him the contemplation of Molinos; since coming +to Asturias, he had spoken to no one about these things, for he knew +that they had occasioned much murmuring against him, but he described +the mode in which the soul reached the summit of perfection in Union +with God, while the inferior sensual part might be abandoned to the +foulest temptation. These dangerous speculations were reported in full +detail and were accompanied by a long and skilful argument to prove that +Toro was in every sense a Molinist. + +Other Jesuits drew up similar denunciations, or attested their truth, +and the case was fairly before the Holy Office. It was too serious for +hasty action and investigation was made in Murcia, where his female +accomplices were arrested, and ample confirmatory evidence was obtained +from their confessions and from eighteen of his letters. The Carranza +case had taught the lesson that bishops could be reached only through +papal authority and, on November 7, 1709, Inquisitor-general Ybáñez +forwarded to Clement XI the accumulated evidence, to which the pope +replied, March 8, 1710, that the matter would be thoroughly examined and +the necessary action be taken. Toro had at first been disposed to make a +contest, asserting that God would work miracles in defence of the women, +and that their imprisonment was a martyrdom; that the light infused in +him by God rendered him superior to the Inquisition, and that he was +illuminated above all other men. By this time, however, he realized his +position; on February 8, 1710, he made, through his confessor, a partial +confession, and he followed this with several letters to the pope, +begging permission to come to Rome for judgement. Then a papal brief of +June 7th ordered Ybáñez, within three years and under the advice of the +Suprema, to frame a prosecution, for which full powers were granted; if +the evidence sufficed, Toro was to be arrested and the case carried on +up to the point of sentence, when all the documents were to be +transmitted to Rome, where the pope would render the decision. + +Toro was duly imprisoned and his trial proceeded. Ybáñez died, September +3, 1710 and was succeeded by Giudice, who was empowered, by a brief of +October 3, 1711, to carry on the process. Toro was found to be +_diminuto_ on a hundred and four of the articles of accusation; he was +reticent and refused to answer interrogations, begging earnestly to be +sent to Rome. His request was granted, by a brief of June 7, 1714, but +his departure was delayed, and it was not until June 11, 1716, that he +reached Rome and was lodged in the castle of Sant'Angelo. Andrés de +Cabrejas, fiscal of the Suprema, accompanied him, to represent the +Spanish Inquisition in the trial which proceeded slowly. Toro's +confessions and letters were a rich mine for the calificadores, who +extracted from them four hundred and fifty-five propositions of various +degrees of error--some of them being identical with those of Molinos. +Finally he abandoned all defence and acknowledged that he had been a +dogmatizing heretic, a soliciting seducer, a blasphemer against the +purity of God, Jesus Christ and the Blessed Virgin, a reviver of the +filthy sects of the Begghards, Illuminists and Molinists and subject to +the same penalties. + +[Sidenote: _MOLINISM_] + +In fact he seems to have recognized his errors and to have confessed +with a freedom indicative of sincere repentance. Much of his confessions +is unfit for transcription, but a brief extract will indicate the +self-deception that reconciled the grossest sensuality with aspirations +for perfection. Thus of one of his accomplices he says that, believing +himself to be illuminated in the sacrifice of the mass, he had written +that none of her directors could estimate her spiritual state as regards +her perfection and Union with God, in spite of the concussions of her +inferior part, excited by obsession, through which those could be +deceived who were unable to understand her interior virtues and perfect +state. Although in obscene acts the woman might seem externally to be a +sinner, yet, by asserting that she had not yielded consent, she might +internally be perfect and be in Union with God. That, as the Incarnate +Word did not contract original sin in his union with humanity, so with +persons annihilated, purged and perfected, God could direct them to +supernatural operations in such wise that the operations of the inferior +part worked no prejudice to their state of perfection, and that the +woman's obscene acts might proceed from obsession, and she be passive +without consent.... That he had believed this doctrine to be infused in +him by God, and thus to be true, like the doctrine of the Church, to be +held unhesitatingly, especially by those obsessed, and he had written +that he was ready to give his life in its defence.... That he had +believed the indecencies committed with this same woman might be an +exercise and martyrdom sent by God for the humiliation and purification +of both, but nevertheless he made confession of them, and took care that +she should do so. She was accustomed to say that, in the inferior part, +she was without sensuality and in the superior part was absorbed in +contemplation and love of God.... That in his oratory after mass and her +communion he had embraced her and told her that she received the light +and that this was the love of God for his creatures.... That Jesus was +in him and worked in him, because neither he nor the woman experienced +sensuality in what they did nor did it from corrupt intention.... That +he had had this belief for seven years prior to his episcopate, and had +maintained it subsequently up to July 1708, but then, in confessing his +sins, a worthy confessor enlightened his blindness, and since then he +had detested his errors and had followed the way of Catholic truth. + +At length the pope designated July 27, 1719 for pronouncing sentence. +Cabrejas had the records of Carranza's condemnation looked up, and the +same ceremonial was observed. Toro was brought from the castle of +Sant'Angelo to one of the halls of the papal palace, and there the +sentence was read. It deposed him from his bishopric and all other +benefices, it incapacitated him from holding any preferment, and +suspended him perpetually from sacerdotal functions; it required him to +abjure his heresy and errors, it called upon him to pay for pious uses, +as far as he could, all revenues accrued since his lapse into heresy, +and it burdened his see with a pension for his support, to be determined +by the pope; it condemned him to reclusion, in some convent outside of +Spain, when he was to perform perpetual penance, on the bread of sorrow +and water of grief, and it prescribed certain spiritual observances. +After listening to his sentence, Toro made the required abjuration, +accepted the penance and disappeared from view.[136] + +Another prominent culprit was the priest, Don Francisco de Leon y Luna, +a Knight of Santiago and member of the Council of Castile, who was tried +by the tribunal of Madrid for Molinism and formal solicitation. As a +_negativo_ he was liable to relaxation but, on November 24, 1721, it was +voted to give him nine audiences, in which the inquisitors, with some +calificadores, should exhort him to confession and conversion, under +threat of administering the full rigor of the law. He seems to have +yielded and, on August 11, 1722, his sentence _con méritos_ was read in +the presence of twelve members of the Councils of Castile, Indies, +Orders and Hacienda. He was required to abjure _de vehementi_, he was +deprived perpetually of confessing men and women, of guiding souls and +instructing them in prayer, and of the honors of the Order of Santiago; +half of his property was confiscated, and he was recluded for three +years with suspension of all sacerdotal functions, to be followed by +five years of exile.[137] + +[Sidenote: _MOLINISM_] + +Llorente gives, in great detail, an account of a Molinist movement +which, soon after this, afforded ample occupation to the tribunals of +Logroño and Valladolid. Juan de Causadas, a prebendary of Tudela, was an +ardent disciple of Molinos and propagator of his doctrines. He was burnt +at Logroño, but whether for pertinacity or denial we are not informed. +His nephew, Fray Juan de Longas, of the Barefooted Carmelites, was also +a dogmatizer and was sentenced, in 1729, to two hundred lashes and ten +years of galleys, followed by perpetual prison. This severity seems not +to have discouraged the proselytes who, apparently, were not betrayed by +Longas. The principal among them was Doña Agueda de Luna, who had +entered the Carmelite convent of Lerma in 1712, with the reputation of a +saint. Her ecstasies and miracles were spread abroad by Juan de Longas, +by the Prior of Lerma, by the Provincial of the Order, Juan de la Vega, +and by the leading frailes, who found their account in the crowds of +devotees seeking her intercession. Juan de la Vega himself acquired the +name of _el extático_ and was represented as the holiest mystic since +the days of Juan de la Cruz. A convent was founded at Corella for Madre +Agueda, of which she was made prioress, and the nuns were fully +indoctrinated in the principles and practice of Molinism. By Madre +Agueda, Juan de la Vega had five children who were strangled at birth +and, with other untimely fruits of the prevailing licence, were buried +in the vicinity. After a long course of iniquity and deception, Madre +Agueda was denounced to the Logroño tribunal; her accomplices and +disciples were arrested and their trials were pushed with unsparing +severity. She perished under torture and, in 1743, the frailes were +recluded in various houses and the nuns were distributed among convents +of their Order.[138] Madre Agueda's case had been decided some years +previously for, in the Supplement to the Index of 1707, published in +1739, the first entry relates to her, "of whom the apocryphal life has +been written, and of whom are circulated stones, cloths, medals and +papers as relics," all of which were to be surrendered as well as +relations of her prodigies and virtues. The stones here alluded to are +evidently those described by Llorente, made of brick-dust and stamped +with a cross on one side and a star on the other, which were said to be +voided by her with child-birth pains, and were universally treasured as +amulets. It may be assumed that this case led to the issue, in 1745, by +the Inquisition of an edict directed against five Molinist errors.[139] + +Cases still continued to occur, but infrequently and of minor +importance. The inquisitors had begun to merge immoral mysticism with +solicitation in the confessional, of which more hereafter, while the +more harmless kinds were classified as _embusteros_ (impostors) or +_ilusos_ (deluded). There is a Mexican case, however, which is so +illustrative of the abuses to which inquisitorial methods were liable, +that it deserves mention. The Franciscan, Fray Eusebio de Villaroja, was +distinguished for learning, eloquence and blameless life. He was +inclined to mysticism and had written a work entitled _Oracion de Fe +interior_, which the Inquisition admitted to contain no reprobated +doctrine but yet to be dangerous for popular use. The convent at Pachuca +obtained his assignment there and in 1783, at the age of 38, he arrived +in Mexico, where his kindly earnestness speedily won universal regard. +After two or three years he happened to assume the spiritual direction +of two girls, Gertrudis and Josefa Palacios, who were adepts in the +mystic devices of ecstasies and revelations. Gertrudis died and +Villaroja became completely engrossed in Josefa. He reduced to writing +her visions and prophecies, until he had filled seventy-six books and, +in his ardor, he committed freaks attracting undesirable attention. The +convent physician suggested that undue austerity had engendered +hypochondriac humors, and the Guardian interposed by ordering him to +attend to other duties, to limit Josefa to an hour in the confessional, +and never to go to her house. His obedience was implicit and prompt; he +ceased to talk of her visions and prophecies, and she naturally ceased +to have them. A year later, when questioned by Fray Juan Sánchez, the +visitor of the Province, he said that, as soon as the Guardian reproved +him, he recognized his error and would not relapse into it--so the +affair seemed to have died a natural death. + +Unluckily the Guardian, not anticipating such docility, had reported the +matter to the Inquisition, which commenced to gather testimony, but when +he was, some months later, in the city of Mexico and was summoned as a +witness, he stated that Villaroja's eccentricities had ceased, and he +evidently regarded the matter as closed. Still the tribunal persisted +and, in July 1789, it seized Villaroja's diaries, in which the latest +entry was one humbly submitting to the judgement of the Church both +himself and the authenticity of the visions. + +After a formidable mass of testimony was accumulated, bearing witness to +Villaroja's eminent piety and virtue, he was summoned, in July 1790, to +present himself. He was not informed that he was on trial for, in his +profound humility, he would at once have submitted his opinions to the +judgement of the tribunal, but he was drawn into a discussion as to +whether God, for the greater perfection of the creature, would permit +the demon to incite to foul and obscene actions--a position which he had +taken to justify some filthy habits of Josefa. This was, as we have +seen, one of the dangerous tenets of Quietism, and over this there was a +prolonged and subtle disputation. He subsequently declared that he +supposed the inquisitor to be only seeking to learn his opinions when in +fact he was being cunningly led to pile up evidence against himself, at +the same time arousing the controversial pride of Inquisitor Prado y +Obejero, who pronounced futile his efforts to differentiate his doctrine +from that of Molinos. + +He was thrown into the secret prison, October 13, 1791, and his trial +proceeded in regular form. Nothing could exceed his submissive humility. +On every fitting occasion he protested that he had been miserably led +into error by ignorance; he begged to be undeceived in whatever he had +erred and he submitted himself to the correction of the Holy Office, for +he desired above all things the discharge of his conscience and the +salvation of his soul. It required uncommon perversity in his judges to +make a pertinacious heretic out of so humble and contrite a spirit but, +when his sentence was pronounced, April 26, 1793, it represented him as +a hardened and obstinate Alumbrado and Molinist, condemning him to +abjure _de vehementi_, to be forever deprived of the faculty of +confessing, to be recluded for three years in the Franciscan convent of +Mexico, and to be sent to Spain whenever the inquisitors should see fit. +Had he been an habitual seducer of his spiritual daughters, the sentence +would have been less severe. + +[Sidenote: _DELUSION_] + +The treatment of a fraile recluded in a convent of his brethren was +usually harsh in the extreme, but Fray Eusebio's kindliness and +gentleness so won on his hosts that they declared his daily life to be +an edification, while those of Pachuca, who had to bear the expenses of +his trial, continued to regard him with undiminished affection. His +punishment, however, was far more severe than the mere provisions of +his sentence. Incarceration for eighteen months in a humid cell had +developed a former rheumatic tendency and he was crippled. His request +to be transferred to Pachuca was refused and, in March, 1795, he +appealed to Inquisitor-general Lorenzana. His sufferings, he said, were +on the increase and, if he were kept in the city of Mexico or sent to +Spain, he would surely die. The result of this was a command to transmit +him to Spain, which was notified to him, in June 1796, when he +protested, to no purpose, that it would kill him. His removal was +postponed until October, when he was carried by easy stages to Vera Cruz +and placed on board the good ship Aurora, November 9th, consigned to the +commissioner at Seville. The Aurora sailed the next day, but his +prophetic spirit proved true and, when nine days out, his gentle spirit +passed to a judge more merciful than his earthly ones.[140] + + * * * * * + +Fray Eusebio would have fared better in Spain, where there was a growing +tendency to regard the accused as subject to delusion, when there was no +conscious imposture and no teaching of dangerous Mysticism. Delusion was +recognized at an early period, but the first case which I have met in +which it formed the basis of prosecution occurs in the Barcelona +tribunal which, in 1666, reported that it had found a process brought, +in 1659, against Sor María de la Cruz, nun of the convent of la +Concepcion of Tortosa, _por ilusa_, which had never been concluded.[141] +In 1694, Don Francisco de las Cuevas y Rojas, of Madrid, was sentenced +by the Toledo tribunal, as an _iluso pasivo_, to reprimand, absolution +_ad cautelam_, retractation of certain propositions, abstention from +spiritual matters, and a year's reclusion, during which a calificador +would teach him the safest method of prayer, while all his writings were +to be suppressed. The same year a beata named María de la Paz, _as +ilusa_, was required merely to abjure _de levi_, to be severely +reprimanded and to be handed over to a calificador for instruction. So, +in 1716, Don Eugenio Aguado de Lara, cura of Algete, was sentenced, by +the same tribunal, for suspicion of illusion in the direction of a +beata, to abjure _de levi_, with reprimand and prohibition of further +communication with her, while he was to abstain from the direction of +souls as far as was compatible with his priestly functions. The beata +his accomplice, Agustina Salgado, was regarded as more reprehensible +for, besides being _ilusa_, she was held guilty of false revelations; +she abjured _de levi_, with perpetual exile from Algete and reclusion in +a hospital for two years, for instruction.[142] + +Even this moderation increased with time. In 1785, the Valencia tribunal +suspended the case, and sent to an insane hospital, Esperanza Bueno of +Puig, popularly known as _la Santa_, denounced for pretended revelations +and asserting that she could absolve from sin.[143] The same tendency +appears in the case of María Rivero, of Valladolid, in 1817, whom the +Suprema characterized as erroneously and presumptuously believing +herself to be adorned with revelations and special graces. She was +ordered to place herself unreservedly under the guidance of a spiritual +director, with the warning that otherwise she would be treated with +judicial rigor, while the director was instructed to disillusion her, +and to call in medical advice as to her sanity, which was doubtful.[144] + +Although the Inquisition was thus growing rationalistic in its treatment +of these cases, it was impossible to eradicate popular credulity with +its accompanying temptation to exploitation. In the last case before the +Córdova tribunal, it ordered, July 9, 1818, the incarceration in the +secret prison, as an _ilusa_, of the beata Francisca de Paula Caballero +y Garrida of Lucena, while her sister María Dominga Caballero was +confined in the _carceles medias_, and the two curas of Lucena, Joaquin +de Burgos and Josef Barranco, were recluded in a convent without +communication with each other. The beata performed miracles and had +revelations, which seem to have found credence among a circle of +disciples for when, after full investigation, the Suprema, on July 5, +1819, ordered the prosecution of the four prisoners, it directed +proceedings to be commenced against seven other parties, including +clerics and laymen of both sexes. Fortunately for this group of ilusos, +the revolution of 1820 came to put an end to all proceedings, and when +the Córdova tribunal was suppressed, the only inmates found in its +prison were the two beatas of Lucena.[145] + +[Sidenote: _IMPOSTORS_] + +While the Inquisition was thus merciful towards those whom it +considered to be merely deluded in claiming spiritual graces, it grew to +be severe with those who traded on popular credulity. That credulity was +so universal and so boundless that the profession of _beata revelandera_ +was an easy and a profitable one. The people were eager to be deceived; +no fiction was too gross to find ready credence, and the believers +invented miracles which they ascribed to the objects of their reverence. +The punishment of the impostor and the exposure of the fraud failed to +repress either belief or imposition, and the land in time was overrun by +a horde of these practitioners, mostly female. It was a spiritual +pestilence of the most degrading character, shared by all classes, with +the extenuating circumstances that some of the boldest cases of +imposture enjoyed the approbation of the Holy See. The Inquisition did +good work in its ceaseless efforts to repress this prostitution of +Mysticism--a work which no other tribunal could venture to attempt. If +it found suppression impossible, at least it checked the development +which at one time threatened to render the popular religion of Spain a +matter of hysterics. + +In its inception, there was some hesitation as to the treatment of these +speculators on the credulity of the people. When the Beata of Piedrahita +was allowed to continue her career, she naturally had imitators. In +1525, Alonso de Mariana, a Toledan inquisitor, on a visitation of his +district, had his attention called to Doña Juana Maldonado of +Guadalajara, widow of the alcaide of la Vega de la Montaña. She was +arrested and presented written statements or confessions of her dreams +and visions of the Virgin and Christ, St. John the Evangelist and St. +Bernard. The proceedings were informal and, in an audience, March 27th, +at Alcalá de Henares, after publication of the evidence, she admitted +its truth, stating that she had talked about her visions in order to +obtain some aid in her poverty and she begged for mercy and penance. +There was evidently no desire to treat her harshly or to regard her as +an impostor, for she is spoken of as an _ilusa_ or _soñadera_ (dreamer) +and she was required only to fast on five Fridays and Saturdays, in +honor of Christ and the Virgin, with fifteen Paters and Aves each day, +to keep her house as a prison until released by the tribunal, after +which, on six Saturdays, she was to visit the church of the Virgin, +outside of the town.[146] A century later she would have fared much +worse. + +The exposure, in 1543, of a more accomplished practitioner, Magdalena de +la Cruz, removed any further hesitation in dealing with such cases. She +had long been the wonder of Spain and even of Christendom. +Tempest-tossed mariners would invoke her intercession, when she would +appear to them and the storm would subside. The noblest ladies, when +nearing confinement, would send the _layette_ to be blessed by her, as +did the Empress Isabel before the birth of Philip II. When, in 1535, +Charles V was starting from Barcelona for the expedition to Tunis, he +sent his banner to Córdova that she might bestow on it her blessing. +Cardinal Manrique, the inquisitor-general, and Giovanni di Reggio, the +papal nuncio, made pilgrimages to her, and the pope sent to ask her +prayers for the Christian Republic. It is true that Ignatius Loyola was +incredulous and, in 1541, severely reproved Martin de la Santa Cruz, who +endeavored to win him over, for accepting exterior signs without seeking +for the true ones; the Venerable Juan de Avila was also sceptical and, +when he was in Córdova, he was discreetly denied access to her. + +[Sidenote: _IMPOSTORS_] + +When, in 1504, at the age of 17, she entered the Franciscan convent of +Santa Isabel de los Angeles of Córdova, she was already regarded as a +vessel overflowing with divine grace, a belief confirmed by a series of +ecstasies, trances, visions, revelations and miracles. Space is lacking +to recount the varied series of marvels, many of which do infinite +credit to her imaginative invention, while some of them required +confederates, who seem not to have been lacking, in view of the benefit +to the convent accruing from its containing so saintly a person. Elected +prioress in 1533, she retained the position until 1542, and during this +time she devoted to it the large stream of offerings which poured in on +her. Defeated for re-election in 1542, she no longer made this use of +her funds and the successful faction denounced her to the Guardian and +the Provincial as an impostor, but the credit of the Order was at stake +and they were silenced. She was not destined however to adorn the +calendar of mystic saints for, in 1543, she fell dangerously sick and +was warned to prepare for death. Under this pressure she made a full +confession, ascribing her deceits to demoniacal possession. She +recovered and the Inquisition seized her. The trial lasted until May 3, +1546, an immense body of testimony being taken, corroborative of her +confession, which was skilfully framed to throw the blame on her demons +Balban and Patorrio. In short, she had commenced as a mystic, had been +unable to resist the temptation of accepting the miracles thrust upon +her by popular superstition, she had stimulated this with her frauds, +and finally sought extenuation by alleging demonic influence. An immense +crowd attended the auto held May 3, 1546, when the reading of her +sentence _con méritos_ occupied from 6 A.M. to 4 P.M., while she sat on +the staging with a gag in her mouth, a halter around her neck and a +lighted candle in her hand. Her sentence was moderate--perpetual +reclusion in a convent, without active or passive voice, and occupying +the last place in choir, refectory and chapter, together with some +spiritual penances. She was relegated to the convent of Santa Clara, at +Andujar, where she lived an exemplary life and, at her death, in 1560, +it was piously hoped that her sins were expiated.[147] + +Had human reason any share in these beliefs, such an exposure would have +put an end to the industry of the _beatas revelanderas_, but the popular +appetite for the marvellous was insatiable, and there were abundant +practitioners ready to dare the attendant risks for the accompanying +glory and profit. Everywhere there were women accomplished in these arts +and skilled in impressing their neighbors with their revelations and +prophecies; every town and almost every hamlet had its local saint, who +was regarded with intense veneration and assured of an abundant +livelihood.[148] All branches of the supernatural were exploited: some +could predict the future; others had prophetic dreams or could expound +those of their devotees; others could release souls from purgatory; +others could perform curative miracles; popular faith in these gifted +spirits was boundless and innumerable sharpers of both sexes fattened +upon it. + +The people might well be credulous when they but followed the example of +those highest in Church and State. Magdalena de la Cruz had a worthy +imitator in the Dominican Madre María de la Visitacion, of the convent +of the Annunciada of Lisbon, whose intimate relations with Christ began +at the age of 16, in 1572. About 1580 Christ crucified appeared to her, +when a ray of fire from his breast pierced her left side, leaving a +wound which on Fridays distilled drops of blood with intense pain. In +1583 she was elected prioress and, in 1584, in another vision of Christ +crucified, rays of fire from his hands and feet pierced hers and thus +completed the Stigmata. No time was lost by the Dominican Provincial, +Antonio de la Cerda, in spreading the news of this, in a statement dated +March 14, 1584, and sent to Rome to be submitted to Gregory XIII. It was +corroborated by the signatures of several frailes, among which is the +honored name of the great mystic, Luis de Granada.[149] The Provincial +followed this, March 30th, with another letter to Rome stating that the +impression produced had been so great that many gentlemen had been +induced to abandon the world and enter the Order, and even that three +Moors had come to look upon Sor María, whose appearance had so impressed +them that they sought baptism on the spot--to which he added two +miraculous cures effected through articles touched by her.[150] + +Sor María's fame penetrated through Christendom and even, we are told, +to the Indies. Gregory XIII was duly impressed and wrote to her urging +to persevere without faltering in the path which she had entered. She +might have continued to do so, with the reputation of a saint, if she +had abstained from politics. Unluckily she allowed herself to be drawn +into a movement to throw off the Spanish yoke, and the authorities, who +had been content to allow her to acquire influence, found it necessary +to expose her, when that influence threatened to be potent on the side +of rebellion. + +[Sidenote: _IMPOSTORS_] + +The Annunciada was not without internal jealousies which facilitated the +obtaining of information justifying investigation. A commission was +appointed consisting of the Archbishops of Lisbon and Braga, the Bishop +of Guarda, the Dominican Provincial, the Inquisitors of Lisbon and +Doctor Pablo Alfonso of the Royal Council. Assembling in the convent +they took the testimony of many of the nuns that Sor María's sanctity +was feigned and her stigmata were painted. She was then brought before +them and sworn, when she persisted, in spite of threats and adjurations, +in the story of the stigmata and of her communications with Christ. The +next day, hot water and soap were called for; she protested and +pretended to suffer extreme agony, but a vigorous application of the +detergents to the palms of her hands caused the wounds to disappear, +when she threw herself at the feet of her judges and begged for mercy. +At a subsequent audience she gave a detailed explanation of the devices +by which she had deceived the faithful--how she had managed the apparent +elevation from the ground and the divine light suffused around her and +the cloths stained with blood from her side. The severity of the +sentence, rendered December 6, 1588, shows how much greater than mere +sacrilegious imposture was the offence of her meddling with politics. +She was recluded for life in a convent of a different Order from her +own; for a year she was to be whipped every Monday and Friday for the +space of a Miserere; in the refectory she was to take her meals on the +floor, what she left was to be cast out and, at the end of the meal, she +was to lie in the door-way and be trampled on by the sisters in their +exit; she was to observe a perpetual fast; she was incapacitated from +holding office; she was always to be last and was to hold converse with +none without permission of the abbess; she was not to wear a veil; on +Wednesdays and Fridays she was to have only bread and water, and +whenever the nuns assembled in the refectory she was to recite her +crimes in an audible voice. In this living death she is said to have +performed her cruel penance with such patience and humility that she +became saintly in reality.[151] It is not improbable that she may have +been from the beginning a tool in designing hands. A contemporary +relates that, before the exposure, he wrote to Fray Alberto de Aguajo in +Lisbon, asking whether he should go thither to consult her on a case of +conscience, and was told in reply that there was nothing wonderful about +her except the goodness of God in granting her such graces, for she was +as simple as a child of six. She was, however, a rich source of income, +for the Portuguese in the Indies used to send her gold and diamonds and +pearls to purchase her intercession with God.[152] Even her condemnation +did not wholly disabuse her dupes. Four years later, a certain Martin de +Ayala, prosecuted in 1592 for revelations and impostures, claimed to +have spiritual communication with her and foretold direful things about +the conquest of Spain by foreigners, when a cave in Toledo would be the +only place where the few elect could find safety. He had a colleague, +Don Guillen de Casans, who was likewise prosecuted.[153] + +One would have supposed that a case like that of Sor María, to which the +utmost publicity must have been given, would have discredited the +stigmata as a special mark of divine favor, but it seems rather to have +stimulated the ambitious to possess them by showing how easily they +could be imitated. They became a matter of almost daily occurrence. In +1634 a Jesuit casually alludes in a letter to two new cases just +reported--one of a nun of la Concepcion in Salamanca and the other in +Burgos--adding that they had become so common that no woman esteems +herself a servant of God unless she can exhibit them.[154] + +[Sidenote: _IMPOSTORS_] + +When uncomplicated with politics, imposture continued to be leniently +treated and it was an exception when, in 1591, the Toledo tribunal +visited with two hundred lashes María de Morales for trances and +revelations and other deceits to acquire the reputation of a saint.[155] +Thus at the Seville auto of 1624, when Pacheco was intent on suppressing +the errors of Mysticism, there were eight impostors guilty of every +device to exploit superstition, six of whom escaped with a year or two +of reclusion. Only two were more severely dealt with. Mariana de Jesus, +a barefooted Carmelite, was a _Maestra de Espiritu_, who taught +Illuminism and had a record of endless visions, prophetic inspiration +and conflicts with Satan. She maintained herself in luxury by selling +her spiritual gifts, and it was in evidence that poor people had pledged +their household gear to purchase her intercession for the souls of their +kindred, but she was only paraded in vergüenza with four year's +reclusion in a convent and perpetual exile from Seville. The heaviest +punishment was that visited on Juan de Jesus, known as _el Hermito_, who +professed to be insensible to carnal temptation, for God had deprived +him of all free-will and he was governed only by the spirit. Religious +observances for him were superfluous, for he was always in the presence +of God, and so fervent was his love for God that water hissed when he +drank it. He not only claimed that he healed the sick but that once he +had prayed eight thousand souls out of purgatory, thirty thousand at +another time, then twenty-two thousand and finally all that were left. +In general his relations with women are unfit for description, and he +shrewdly had a revelation that all who gave him alms would be saved. His +devotees were not confined to the ignorant, for he was received in the +houses of the principal ladies of Seville and men of high distinction +admitted him to their tables. He received less than his deserts when he +was sentenced to a hundred lashes and life confinement in a convent or +hospital, where he was to work for his board and to pray daily a third +of the rosary.[156] + +In its persistent and fruitless efforts to stamp out this pestilence, +the Inquisition was beginning to adopt severer treatment, as in the case +of Sor Lorenza Murga of Simancas, a Franciscan tertiary, who for sixteen +years enjoyed great reputation in Valladolid. She had ecstasies and +revelations whenever wanted, and her little house was an object of +pilgrimage, when she would throw herself into a trance at the request of +any one. It was a profitable pursuit, for she rose from abject poverty +to comfortable affluence. Her arrest, April 29, 1634, caused no little +excitement, and it was whispered that she had been detected in keeping +two lovers besides her confessor. In her audiences she persistently +maintained the truth of her revelations, constantly adding fresh +marvels, till the inquisitors tortured her smartly, when she confessed +it to be all an imposture. Her career was cut short with two hundred +lashes and exile for six years from all the places where she had +lived.[157] + +The experienced inquisitor whom I have so often quoted tells us, about +this time, that these impostors were very common; that there were rules +for teaching them their trade and, as it was so prejudicial and so +discreditable, they must be punished with all rigor. He mentions a case +at Llerena, where the woman persisted in asserting the truth of her +revelations and miracles, until she was tortured, when she confessed the +fraud and was condemned to scourging and reclusion, at the discretion +of the tribunal, with fasting on bread and water.[158] Yet one cannot +help feeling sympathy for María Cotanilla, a poor blind crone, sentenced +in 1676, by the Toledo tribunal, to a hundred lashes and to pass four +years in a designated place, where she could support herself by beggary, +reporting herself monthly to the commissioner.[159] + +Severity might check, but could not suppress, a profession which was the +inevitable outcome of popular demand. How it was stimulated is well +exemplified in the case of María Manuela de Tho--, a young woman of 23, +arrested by the Madrid tribunal, in April, 1673. She confessed +unreservedly a vast variety of impostures, pretended diabolical +possession, visits from the angels Gabriel and Raphael and numerous +others. She told how she was venerated as a saint; her signature written +on scraps of blank paper was distributed by her confessor and was +treasured as though it were that of Santa Teresa; he had crosses made of +olive wood which she blessed and they were valued as relics and amulets; +she cured the sick and performed many other miracles. The origin of all +this, as she related it, is highly illuminating. She chanced to tell +certain persons that in a dream she saw a soul in purgatory; they shook +their heads wisely and said it was more than a dream and contained great +mysteries. Then they began to admire her and she, finding that she was +esteemed and admired and regaled with presents, and that money came to +her without labor, went on from one step to another with her visions and +miracles. She knew that it was wrong but, as there were learned and +distinguished persons cognizant of it, who could have undeceived her and +did not and, as there was no pact with the demon, she continued for, +though she had been a miserable sinner, she had always been firm in the +faith of Christ as a true Catholic Christian.[160] When the appetite for +marvels was so universal and unreasoning, the supply could not be +lacking, no matter what might be the efforts of the Inquisition. + +[Sidenote: _IMPOSTORS_] + +These practitioners naturally continued to give occupation to the +tribunals, but their cases can teach us little except to note the +severity with which they were occasionally treated. In the Madrid auto +of 1680 there were four impostors, of whom a carpenter named Alfonso de +Arenas was visited with abjuration, two hundred lashes, and five years +of galleys followed by five more of exile.[161] In the little +conventicle arrested, in 1708, by the Toledo tribunal (p. 71), four +women and a man were punished, in 1711, as impostors, the man, Pablo +Díez, an apothecary of Yepes, with reconciliation, confiscation and +perpetual prison, while one of the women, María Fernández, had two +hundred lashes and exile.[162] In 1725, the Murcia tribunal inflicted +the same scourging and eight years of exile on Mariana Matozes, who +added to her other impostures a claim to the stigmata, and in 1726, in +Valencia, Juan Vives of Castillon de la Plana had the same allowance of +stripes, with a year's reclusion and eight years' exile from Valencia +and Catalonia.[163] It is therefore not easy to understand the clemency +shown by the Toledo tribunal, in 1729, to Ana Rodríguez of Madridejos, +who is described as a scandalous impostor, deluded and deluding, +audacious, sacrilegious, boasting of her exemption from the sixth +commandment, heretically blasphemous, vehemently suspect and formally +guilty of the heresy of Molinos and the Alumbrados, insulting to the +Blessed Virgin and St. Bernard and contumacious in all her errors. Her +contumacy gave way, thus saving her from relaxation and she escaped with +formal abjuration, reconciliation and confinement for instruction in the +Jesuit college of Navalcarnero, during such time as the tribunal might +deem necessary for her soul.[164] + +Further enumeration of these obscure cases is scarce worth while and we +may pass to one which excited lively interest. María de los Dolores +López, known as the Beata Dolores, had a successful and scandalous +career for fifteen or twenty years, commencing at the age of twelve, +when she left her father's house to live as a concubine with her +confessor. Her fame spread far and wide and, for ten years, the +Inquisition received occasional denunciation of her misdeeds without +taking action until, in 1779, one of her confessors, to relieve his +conscience, denounced both himself and her to the Seville tribunal. On +her trial she resolutely maintained the truth of the special graces +which she had enjoyed since the age of four. She had continued and +familiar intercourse with the Virgin, she had been married in heaven to +the child Jesus, with St. Joseph and St. Augustin as witnesses, she had +liberated millions of souls from purgatory, with much more of the kind +so familiar to us, to which she added one of the errors of Molinism by +maintaining that evil actions cease to be sinful when God so wills it. +She was thus not merely an impostor but a formal and impenitent heretic, +for whom relaxation was the only penalty known to the Inquisition. +Burning, however, had well-nigh gone out of fashion, and the tribunal +honestly spared no effort to save her from the stake. Eminent +theologians wasted on her their learning and eloquence. Fray Diego de +Cádiz, the foremost preacher of his time, labored with her for two +months, and finally reported that there was nothing to do but to burn +her. It was all in vain. God, she said, had revealed to her that she +should die a martyr, after which, in three days, he would prove her +innocence. The law had to take its course and, on August 22, 1781, she +was formally sentenced to relaxation. As this left her unmoved the +execution was postponed for three days to try the effect of fresh +exhortations. This failed and, during the sermon and ceremonies of the +auto, she had to be gagged to suppress her blasphemy. As so frequently +happened however, her nerves gave way on the road to the brasero; she +burst into tears and asked for a confessor, thus gaining the privilege +of strangulation before the faggots were fired.[165] + +[Sidenote: _IMPOSTORS_] + +Imposture continued to flourish. In 1800 the Valladolid tribunal was +occupied with an extensive "complicidad," resulting in the prosecution +of Madre María Ignacia de la Presentacion, a Mercenarian of the convent +of Toro, for pretended miracles, along with nine frailes of the same +Order as accomplices.[166] Contemporary with this was a case at Cuenca, +which almost transcends belief. The wife of a peasant of Villar del +Aguila, Isabel María Herraiz, known as the Beata de Cuenca, who had a +reputation for sanctity, announced that Christ had revealed to her that, +in order to be more completely united to her in love, he had transfused +his body and blood into hers. The theology of the period is illustrated +by the learned disputation which arose, some doctors arguing this to be +impossible because it would render her more holy than the Blessed +Virgin and would deprive the sacrament of the exclusive distinction of +being the body and blood of the Lord; others held it to be possible but +that the proofs in the present case were insufficient; others, again, +accepted it and urged the virtues of the beata and the absence of motive +for deception. The people felt no scruple, and were encouraged in their +credulity by two Franciscan frailes, Joaquin de Alustante and Domingo de +Cañizares, and a Carmelite, Sebastian de los Dolores. Her believers +worshipped her, carrying her through the streets in procession, lighting +candles before her and prostrating themselves in adoration. The scandal +attained proportions calling for repression, and the Inquisition +arrested her, June 25, 1801, together with her accomplices. It is +possible that she was severely handled, for she died in the secret +prison without confession, and was consequently burnt in effigy. The +cura of Villar and two of the frailes were banished to the Philippines; +two laymen received two hundred lashes each, with service for life in a +presidio, and her hand-maid, Manuela Pérez, was consigned for ten years +to the _Recojidas_ or house of correction for women.[167] + +While this comedy was in progress in Cuenca, a similar one was +performing in Madrid, in the highest social ranks. Sor María Clara Rosa +de Jesus, known as the Beata Clara, had acquired great reputation by her +visions and miracles. She was, or pretended to be, paralyzed and unable +to leave her bed and, when she announced that a special command of the +Holy Ghost required her to join the Capuchin Order, Pius VI granted her +a dispensation to take the vows without residence. Atanasio de Puyal, +subsequently Bishop of Calahorra, obtained licence to erect a private +altar in her chamber, where mass was celebrated daily, and she received +communion, pretending to take no other nourishment. All the great ladies +of the court were accustomed to implore her intercession in their +troubles and gave her large sums to be expended in charity. It is to the +credit of the Inquisition that it broke up this speculative imposture by +arresting her, in 1801, together with her mother and confessor as +accomplices. It was not difficult to prove their guilt and, in 1803, +they were mercifully sentenced to reclusion.[168] + +For three hundred years, up to the time of its suppression, the +Inquisition, thus vainly labored to put an end to these speculations on +the credulity of the faithful. It did its best, but the popular craving +for the marvellous, for concrete evidence of divine interposition in +human affairs, was too universal and too strong to be controlled, even +by its supreme authority. After its downfall, the career of the +notorious Sor Patrocinio proves how ineradicable was this and serves to +bring medievalism down to our own time. + +[Sidenote: _IMPOSTORS_] + +María Rafaela Quiroga, known in religion as Sor María Cipriana del +Patrocinio de San José, in 1829 took the veil in the convent of San +José, and soon commenced to have visions and revelations, followed by +the development of the stigmata. Her reputation spread and cloths +stained with the blood of her wounds were in request as curative +amulets. When the death of Fernando VII, September 29, 1833 was followed +by the Carlist war, the clericals, who favored Don Carlos, saw in her a +useful instrument. She was made to prophesy the success of the Pretender +and to furnish proof of the illegitimacy of the young Queen Isabel. As +in the case of the Portuguese María de la Visitacion, this dangerous +factor in the political situation called for governmental intervention +and, after some resistance, in November 1835, the Sor was removed from +the convent to a private house, where she was kept under the care of her +mother and of a priest, while three physicians were summoned to examine +the stigmata. They pronounced them artificial and promised a speedy cure +if interference was prevented. This was verified and, in spite of a scab +being torn off from one of them, they were healed by December 17th. On +January 21, 1836, an official inspection by a number of dignitaries +confirmed the fact, which was assented to by the Sor and, on February +7th, she made a full confession, stating that a Capuchin, Padre Firmin +de Alcaraz, had given her a caustic with directions to use it on hands, +feet, side and head, telling her that the resultant pain would be a +salutary penance. Prosecution was duly commenced against her and the +Vicar, Prioress and Vicaress of the convent, Padre Firmin having +prudently disappeared. Sentence was rendered, November 25, 1836, from +which an appeal was taken, resulting in a slight increase of rigor. The +convent was suppressed; the vicar, Andrés Rivas, was banished from +Madrid for eight years, and the three women were sent to convents of +their Order, Sor Patrocinio being conveyed, on April 27, 1837, to the +nunnery at Talavera.[169] + +Years passed away and she seemed to be forgotten when the reaction of +1844 suggested that she might again be utilized. In 1845 the convent of +Jesus was built for her; she returned with the stigmata freshened and +her saintly reputation enhanced. Imposing ceremonies rendered her +entrance impressive, and she was conveyed to her convent under a canopy, +like a royal personage. In conjunction with Padre Fulgencio, confessor +to Don Francisco de Asis the king-consort, and with her brother Manuel +Quiroga, whom she made gentleman of the royal bed-chamber, she became +the power behind the throne. Dr. Argumosa, who had cured her stigmata, +was persecuted and Fray Firmin Alcaraz, who had emerged from his +hiding-place, was made Bishop of Cuenca. In 1849 she was held to have +forced Isabel to dismiss the Duke of Valencia (Narvaez) and his cabinet. +This was followed by what was known as the _Ministerio Relámpago_, or +Lightning Ministry, which held office for three hours on October 19, +1849, and was forced to retire by the threatening aspect of the people. +Narvaez was recalled and forthwith relegated to a distance Sor +Patrocinio, her brother, Padre Fulgencio and some of their confederates. + +She was soon recalled, however, and wielded an influence which Narvaez +could not resist. His successor, Bravo Murillo, sought to get a respite +by persuading the Nuncio Brunelli to send her to Rome, but this availed +little, for she soon returned, more powerful than ever, with the +blessing of Pius IX. Under her guidance, during the remainder of the +reign of Isabel II, the camarilla practically ruled the kingdom and +precipitated the revolution of 1868, which, for a time, supplanted the +monarchy with a republic. With the fall of Isabel she disappeared from +public view, in the retirement of the convent of Guadalajara, of which +she was the abbess. There she lingered in seclusion, until January 27, +1891, when she died serenely, comforted in her last moments with a +telegraphic blessing from Leo XIII.[170] + +The Inquisition could suppress Judaism, it could destroy Protestantism, +it could render necessary the expulsion of the Moriscos, but it failed +when it sought to eradicate the abuses of Mysticism, which not only +signalized the ardor of Spanish faith, but were so difficult of +differentiation from beliefs long recognized and encouraged by the +Church. There seems to be, in the average human mind, an insatiable +craving for manifestations of the supernatural. Modern science, with its +materialism, may weaken or even eradicate this in the majority, and may +explain psychologically much of what seems to be marvellous, but the +success in our own land of the curious superstition known as Christian +Science shows us how superficial is latter-day enlightenment, and should +teach us sympathy rather than disdain for the fantastic exhibitions of +credulity which we have passed in review. + + + + +CHAPTER VI. + +SOLICITATION + + +The seduction of female penitents by their confessors, euphemistically +known as _solicitatio ad turpia_ or "solicitation," has been a perennial +source of trouble to the Church since the introduction of confession, +more especially after the Lateran Council of 1216 rendered yearly +confession to the parish priest obligatory. It was admitted to be a +prevailing vice, and canonists sought some abatement of the evil by +arguing that the priest notoriously addicted to it lost his jurisdiction +over his female parishioners, who were thus at liberty to seek the +sacrament of penitence from others.[171] A Spanish authority, however, +holds that this requires the licence of the parish priest himself and, +when he refuses it, the woman must confess to him, after prayer to God +for strength to resist his importunities.[172] + +It was an evil of which repression was impossible, notwithstanding +penalties freely threatened. A virtue of uncommon robustness was +required to resist the temptations arising from the confidences of the +confessional, and so well was this understood that an exception was made +to the rule requiring perfect confession, for reticence as to carnal +sins was counselled, when the reputation of the priest rendered it +advisable.[173] Few women thus approached, whether yielding or not, +could be expected to denounce their pastors to the bishop or provisor, +and for her who yielded the path to sin was made easy through the +universal abuse of absolution by her accomplice, and this, although +objected to on ethical grounds, was admitted to be valid.[174] On the +other hand, the peccant confessor could rely on obtaining absolution +from a sympathizing colleague, at the cost of penance which had become +habitually trivial. + +The intercourse between priest and penitent was especially dangerous +because there had not yet been invented the device of the +confessional--a box or stall in which the confessor sits with his ear at +a grille, through which the tale of sins conceived or committed is +whispered. Seated by his side or kneeling at his feet, there was greater +risk of inflaming passion and much more opportunity for provocative +advances. It was not until the middle of the sixteenth century that the +confessional was devised, doubtless in consequence of the attacks of +heretics, who found in these scandals a fertile subject of +animadversion. The earliest allusion to it that I have met occurs in a +memorial from Siliceo of Toledo to Charles V, in 1547.[175] In 1565 a +Council of Valencia prescribed its use and contemporaneously S. Carlo +Borromeo introduced it in his Milanese province, while in 1614 the Roman +Ritual commanded its employment in all churches.[176] It was easier to +command than to secure obedience, for the priesthood offered a passive +resistance which even the Inquisition found it almost impossible to +overcome. As early as 1625 it forbade parish priests from hearing +confessions in their houses; between 1709 and 1720 we find it occupied +in endeavoring to enforce the use of confessionals and, to prevent +evasions, such as hearing confessions in cells and chapels, and not in +the body of the church.[177] How long-continued was the opposition, and +how transparent were the artifices to elude the regulations, are visible +in an edict of November 3, 1781, which led to considerable trouble. +After alluding to the repeated orders on the subject, and the deplorable +results of their disregard, it prescribed that women should be heard +only through the gratings of closed confessionals, or of open stalls in +the body of the churches, or in chapels open and well lighted. It +forbade the use of hand-gratings or handkerchiefs, sieves, bundle of +twigs, fans, or other derisive substitutes, and it prescribed minute and +highly suggestive regulations as to oratories and private chapels, while +a similar series concerning male penitents shows the dread of +contamination even with them.[178] + +[Sidenote: _TOLERANCE OF SPIRITUAL COURTS_] + +The crime of solicitation was subject to episcopal jurisdiction and, +throughout the middle ages, there was no general legislation prescribing +its penalties. Some apocryphal canons visited it with well-deserved +severity and, in 1217, Richard Poore, the reforming Bishop of Salisbury, +threatened it with fifteen years of penance followed by confinement in a +monastery.[179] The spiritual courts, however, were notoriously lenient, +and the prevalent sexual laxity tended to sympathy which disarmed +severity in the rare cases coming before them. When, during the +Reformation, this offence afforded a favorite topic for the heretics, +there arose a demand for sharper treatment. In 1587, Iñigo López de +Salcedo gives this as a reason for rigorous punishment, and he greatly +lauds Matteo Ghiberti, the reforming Bishop of Verona ([dagger symbol] 1543) +for decreeing a series of heavy penalties for attempts on the virtue of +female penitents, culminating in deprivation and perpetual imprisonment +when they were successful.[180] + +This virtuous rigor, however, was purely exceptional. The usual tolerant +view adopted is manifested in a case which, in 1535 at Toledo, came +before the vicar-general, Blas Ortiz, a man so respected that he was +promoted to the inquisitorship of Valencia soon afterwards. Alonso de +Valdelamar, parish priest of Almodovar, was charged with a black +catalogue of offences--theft, blasphemy, cheating with Cruzada +indulgences, charging penitents for absolution, frequenting public +brothels and solicitation. It was in evidence that he refused absolution +to a girl unless she would surrender herself to him, that he seduced a +married penitent whose husband was obliged to leave Almodovar in order +to get her away from him, while Doña Leonor de Godoy admitted that he +repeatedly used violence on her in the church itself. His sentence, +rendered February 26, 1535, stated that the fiscal had fully proved his +charges, but for all these crimes he was punished only with thirty days' +penitential reclusion in his church, with a fine of ten ducats, besides +four reales to the fiscal, a ducat to the episcopal advocate, ten days' +wages to the notary who went to Almodovar to take testimony, and the +costs of the trial. From this the fiscal appealed to the archbishop but +the next day withdrew the appeal; Valdelamar accepted it and was sent +back to his parish to pursue his course of profligacy. Evidently the +episcopal tribunal was more concerned with the profits of its +jurisdiction than with the suppression of solicitation.[181] + +[Sidenote: _SUBJECTED TO THE INQUISITION_] + +It may be inferred from this that peccant confessors were not likely to +be prosecuted, unless there were other circumstances or offences to +stimulate action, and this is confirmed by another case, about the same +time, which also shows the readiness of the tribunal to claim +jurisdiction. Pedro Bermúdez, incumbent of Ciempozuelos, employed a +priest named Pareja as vicar, from 1525 to 1529. They quarrelled; Pareja +was dismissed, found employment at Valdemoro, and commenced suit against +Bermúdez. The latter retorted by instigating a certain Catalina Roldan, +who had borne a child to Pareja, and her mother, to complain to Romero, +a visiting inquisitor from Toledo, about the seduction, asking that he +be forced to provide a dower and find a husband for her. Romero took up +the case. Bermúdez busied himself in collecting testimony and was aided +by a priest named Solorzano, whose enmity had been excited by Pareja +having served as commissioner in taking evidence as to his seduction of +a married woman, for which he was prosecuted in Alcalá. The proof +collected against Pareja was conclusive. Two of his penitents admitted +to having yielded to him, and several others testified as to his +advances in the act of confession. When one of them was asked whether +she confessed to him their mutual sin, she said that he told her not to +do so, and afterwards admitted her to communion. There was also evidence +as to his violating the seal of confession, and to irreverence in +administering the sacrament. The trial pursued the usual course, the +main charges being his misdeeds with his female penitents, which he +admitted more or less explicitly. When the papers were sent to the +Suprema, it returned them, saying that the charges for the most part +were beyond the competence of the tribunal, and appertained to the +episcopal court, to which they should be transferred, while the tribunal +could proceed with the little that remained. The charges thus, after +omitting the solicitation, were reduced to four--that he persuaded his +accomplices that their mutual sin need not be confessed, that he told +them that they could take the sacrament without confessing, that he said +it was better to have masses celebrated than to pay debts, and that +almost all the witnesses held him to be a bad Christian, a heretic and +an evil man. + +Pareja and his advocate argued that the case was outside of +inquisitorial jurisdiction, but the tribunal pushed it to the end on +these subsidiary points and, on May 23, 1532 sentenced him to perpetual +deprivation of hearing the confessions of women, to a fine of twenty +thousand maravedís, and to have Toledo as a prison for two years, during +which he was to fast and recite psalms on Fridays. As he was not +required to abjure, even for light suspicion, the charge of heresy was +abandoned, and as solicitation was not included in the sentence, he was +liable to further prosecution by the Ordinary. Yet the character of the +penalties shows that solicitation was the real gravamen, over which the +tribunal was seeking indirectly to acquire jurisdiction.[182] + +Evidently, if there was to be any cure or mitigation of this corroding +cancer, some less sympathetic tribunal than the episcopal court was +requisite, and the Inquisition was eager to supply the want, yet matters +were allowed to drift for a quarter of a century longer. Possibly it may +have been the Lutheran alarm of 1558 that led Archbishop Guerrero of +Granada to seek the remedy and to call to the attention of the Holy See +the frequency of the crime and the need of its more energetic +repression.[183] His appeal was heard, and Paul IV, in a brief of +February 18, 1559, expressed his sorrow at learning that certain priests +of Granada misled their penitents and abused the sacraments, wherefore +he granted, to the inquisitors of Granada, jurisdiction over the heresy +implied in the crime and withdrew all exemptions of the religious +Orders.[184] What activity the Granada tribunal manifested in the +exercise of its new function is not recorded, but the field thus thrown +open was sufficiently inviting for Valdés, in 1561, to obtain from Pius +IV a brief granting to him and to his delegates throughout Spain the +same faculties.[185] It required some ingenuity to bring the crime +within the purview of the Inquisition, but it was alleged that no one +whose faith was correct could thus abuse the sacraments of the Church of +God. The point is not without importance, for it made the matter one of +faith and not of morals, leading, as we shall see, to a notable +limitation in the efficacy of the reform attempted. + +The regular clergy sought to escape to the milder mercies of their own +superiors, and claimed that, in the constitution of Pius IV, in 1562, +which subjected them in general to the Inquisition, there was an +exception of cases in which the superiors had taken the earlier +action.[186] The application, however, of this exception to the crime of +solicitation was negatived, in 1592, by a decree of Clement VIII, which +declared that the jurisdiction of the Inquisition in this matter was +exclusive and not cumulative, and it ordered the members of all +privileged Orders to denounce to the Inquisition their guilty +brethren.[187] In 1608, Paul V granted the same powers to the +Inquisition of Portugal and, in 1612, he settled in favor of the faith a +question which had arisen, whether the briefs comprehended the +solicitation of men as well as of women.[188] Even before this, +solicitation in Italy had been subjected to the Roman Inquisition, for +it issued, December 15, 1613 a decree ordering confessors to instruct +their penitents that they must denounce to the tribunals all attempts to +solicit them to evil and, on July 5, 1614, it included, what it +described as a frequent offence, the discussion of indecent matters with +women in the confessional, even without confession.[189] + +[Sidenote: _LEGISLATION OF GREGORY XV_] + +Thus the Church was gradually realizing the necessity of more stringent +measures to curb the evil propensities of those to whom it confided the +salvation of souls, but as yet it had made only local regulations. +Gregory XV recognized that a general law was required, to cover all the +lands of the Roman obedience, and not merely those possessed of an +Inquisition and, at the same time, to define more comprehensively the +nature of the offence. The briefs thus far had limited this to seduction +in the act of hearing confessions. Papal legislation was always +construed in the strictest manner, and confessors felt safe if they +confined their seductions to the time preceding and following the actual +utterance of the confession. Had the moral and spiritual welfare of +priest and penitent been the only matter involved, it would have been +easy to include in general terms any indecent or illicit passages +between them, no matter when or where committed, but solicitation had +been made to involve suspicion of heresy, in order to bring it under the +Inquisition, and it became regarded as a purely technical offence, +punishable only when it could be connected directly with the sacrament, +leading to the unfortunate corollary that otherwise it was a trivial +matter, undeserving of special consideration. + +Accordingly Gregory, in his brief _Universi Dominici Gregis_, August 30, +1622, while enlarging the definition, confined it to what was said or +done in the place destined to hearing confessions, whether it was before +or after confession, or even if there was only a pretext of confession. +He extended the provisions of his predecessors to all lands, and +delegated all inquisitors and Ordinaries as special judges, with +exclusive jurisdiction to inquire into and diligently prosecute such +cases, according to the canons in matters of faith. He further decreed +the penalties of suspension of functions, deprivation of benefices and +dignities with perpetual disability for the same and, for regulars, of +active and passive voice; besides these there were the temporal +penalties of exile, galleys, perpetual and irremissible imprisonment +and, in cases of exceptional wickedness, of degradation and relaxation. +In view of the difficulty of proof, single witnesses should suffice for +condemnation, when circumstances afforded due presumption. Confessors, +who found that their penitents had been previously solicited, were +required to admonish them to denounce the offenders, and for neglect of +this they were to be duly punished. This latter provision was of +difficult enforcement, for Urban VIII, in 1626, felt obliged to address +all archbishops, instructing them to call the attention of confessors to +it, and to insert a corresponding clause in all licences. The regular +clergy seem to have been the subject of special anxiety for, in 1633, +the superiors of all religious houses were ordered to assemble the +inmates yearly and warn them as to the observance of these decrees, and +this was also to be done in all chapters, general, provincial and +conventual.[190] + +The Holy See was in earnest, but the result did not correspond to its +efforts. France and Germany paid virtually no attention to the decrees, +and in Spain the Inquisition made no change in its procedure or in the +mildness of its penalties. The only effect of Gregory's brief was to +raise the question whether it did not confirm, at least cumulatively, to +the bishops the jurisdiction of which they had been practically +deprived. No distinction was expressed between lands with and those +without an Inquisition, and the original briefs of Paul IV and Pius IV +had not deprived the bishops of jurisdiction, although the latter had +made little effort to assert it against the exclusive claims of the +tribunals. We chance to hear of the case of Dr. Miguel Bueso, who was +surrendered by the Archbishop of Valencia, in 1608, for trial on this +charge and, after punishment, was returned to the archiepiscopal +court.[191] Soon after this de Sousa argues that, in spite of the papal +decrees, bishops have cumulative jurisdiction, although the +inquisitor-general can evoke cases.[192] In 1620, Inquisitor-general +Luis de Aliaga had a struggle with his brother Isidor de Aliaga, +Archbishop of Valencia, over the case of Gaspar Flori, rector of Urgel, +who was on trial by the vicar-general for various offences, including +solicitation. The tribunal demanded cognizance of this special charge; +the vicar-general asserted cumulative jurisdiction, adding that he had +already tried two cases of the kind. The inquisitor-general argued +strenuously that, as a matter of faith, it belonged to the Inquisition; +if it were not a matter of faith it would go unpunished, for there would +be no obligation to denounce, and without this women would never imperil +their honor, for experience showed how rarely they did so voluntarily, +and they had to be compelled by the refusal of absolution. +Notwithstanding all this the archbishop of Valencia held good; his +vicar-general tried the case and executed the sentence.[193] There were +few episcopal courts, however, so audacious as this, and the claim of +the Inquisition to exclusive jurisdiction was generally conceded. + +[Sidenote: _EXCLUSIVE JURISDICTION CLAIMED_] + +The brief of Gregory XV was not published in Spain but, by some means, +the Ordinary of Seville obtained a copy and exhibited it to the +inquisitors. The Suprema promptly, on January 14, 1623 addressed a +consulta to Philip IV, stating that it had not learned that the brief +had reached any other bishop and dwelling eloquently on the frequency +and heinousness of the crime, the energy and rigor of the Inquisition in +its repression, and the disastrous consequences of concurrent episcopal +jurisdiction, where the leniency of punishment encouraged evildoers, +and the publicity of procedure conveyed knowledge to husbands and +kinsmen. The king was therefore asked to apply for the exemption of +Spain from the operation of the brief; this was speedily arranged and, +on April 10, Ambassador Alburquerque reported the forwarding of a decree +of the Congregation of the Inquisition, stating that it was not the +papal intention that the brief should apply to the Spanish dominions. +Cardinal Millino, at the same time, wrote that the pope had declared +that the Inquisition should continue to prosecute such cases in its +customary form and manner.[194] + +This simply left the matter where it was before, but the Inquisition +boldly asserted that it had been given exclusive jurisdiction and, when +Urban VIII granted, to the Bishop of Astorga, cognizance of these cases +among the regular clergy, it had the effrontery to raise a competencia +with him.[195] On May 19, 1629, it sent to the tribunals copies of +Gregory's brief, with instructions to follow its prescriptions, as +punishment should be uniform in a crime of such frequent occurrence. +Although, it added, the brief appeared to confer only cumulative +jurisdiction, the pope had declared to the king that in his dominions it +was exclusive so that, if any Ordinary should undertake to hear such a +case, he was to be inhibited and a prompt report be made to the Suprema. +To make matters sure, this was followed by an order of August 9th, that +this exclusive cognizance should be asserted in the Edict of +Faith.[196] + +It was not long before this produced another quarrel with Archbishop +Aliaga of Valencia. In 1631, Vicente Palmer, rector of Játiva, was +prosecuted in the archiepiscopal court for sundry offences, including a +charge of solicitation preferred by Ana Martínez. The notary employed +was a familiar who informed the tribunal. It promptly notified the +Ordinary to omit that specification, to which Aliaga replied that his +court had always possessed jurisdiction over the matter, and the brief +of Gregory XV had confirmed the cumulative jurisdiction of both +tribunals; if Urban VIII had rendered that of the Inquisition exclusive, +he had not seen the brief, but if shown to him he would of course obey +it. Then came a pause during which Palmer returned to Játiva and, from +the pulpit, denounced all who had testified against him, declaring that +all who accused ecclesiastics were excommunicated and he would not hear +them in confession, especially Ana Martínez; the town was in an uproar +and one man died without confession. After some months the tribunal, in +its customary arrogant fashion, with threats of excommunication, +summoned the archbishop to surrender the papers and admit that he was +inhibited. To this he replied at much length, pointing out that it was +unreasonable to ask him to strip himself of an established jurisdiction +on the simple assertion of the inquisitors that they held a brief of +Urban VIII, which they would not exhibit. He offered to submit the +question to the pope or to form a competencia in the regular way, but +both suggestions were rejected, although the tribunal adopted a more +moderate tone. The records are imperfect and we do not know the outcome, +but probably the Suprema quietly let the affair drop out of sight +through delay, in preference to provoking an investigation which would +have manifested the fraudulence of its claims.[197] + +[Sidenote: _INCLUDED IN EDICT OF FAITH_] + +The audacity of the claim increased with time and, in the formula of the +Edict of Faith, in use in 1696, there was an absolute assertion that +Gregory XV had declared that, in the Spanish dominions, the offence was +subjected to the exclusive cognizance of the Inquisition and not to that +of the bishops, their vicars, provisors or ordinaries.[198] +Notwithstanding this, when bishops asserted their rights, the Suprema +shrank from a direct contest. Thus, in 1755, when the Bishop of Quito +undertook to try cases of the kind, the Suprema merely presented a long +and argumentative consulta to the king. So, in 1807, the Bishop of +Badajoz tried Joseph Méndez Rodríguez, priest of Llerena, for +solicitation, apparently without remonstrance on its part and when, in +1816, Rodríguez was prosecuted by the tribunal of Llerena for +propositions and _mala doctrina_, the Suprema ordered it to obtain from +the bishop the papers of the former trial and add them to the new +proceedings.[199] + + * * * * * + +While the Inquisition was thus aggressive in grasping exclusive +jurisdiction, it hesitated for some time as to the vigorous use of its +powers. It could evidently do little more than the inert episcopal +courts unless it included solicitation in the Edicts of Faith, which +specified offences and the obligation of denouncing them, but this +involved the ever-present dread of scandal, and the necessity of calling +attention to a matter so delicate. This explains the initial +fluctuations of policy. When jurisdiction was first conferred, the +Suprema ordered the omission of solicitation and then, by edict of July +17, 1562, that it should be included.[200] This speedily brought forth a +vigorous remonstrance, which earnestly urged the necessity of secrecy to +prevent scandal and the rendering of confession odious. It should never +be admitted that such wickedness was possible; it had, in fact, always +existed, but such a remedy had never been imagined, which would lead men +to keep their wives and daughters from the confessional, nobles to +refrain from putting their daughters into convents, religion to be +despised and Christianity itself to be abhorred. Good confessors would +be driven to abandon the confessional, and the clergy, seeing that their +weaknesses were to be punished by the Inquisition, would withdraw their +support from it, leading to serious results. At least the punishment +should be secret, so that the people, seeing no results, might be led to +believe that there were no wicked men administering the sacrament.[201] +This final suggestion was superfluous, for clerical offenders, short of +those incurring degradation and relaxation, were always punished in +secret. + +The opposition to this public admission of clerical frailty grew so +strong that the Suprema, in a carta acordada of May 22, 1571, stated +that, after many discussions, it had been decided that the disadvantages +attendant on it required its omission, and inquisitors were told to find +some other means, including notice to the Ordinaries to instruct +confessors to admonish penitents to denounce offenders to the Holy +Office. The exception thus made in favor of soliciting confessors +evidently led to a marked diminution in the number of denunciations, +causing the Suprema to hesitate for, in a carta of September 20, 1574, +repeating the orders to omit, the Suprema spoke of it as possibly a +temporary regulation.[202] The conviction seems to have grown that in no +other way could the abuse be checked and, in a carta acordada of March +2, 1576, inquisitors were ordered to replace the clause in the Edict of +Faith.[203] + +[Sidenote: _REPUGNANCE TO DENOUNCE_] + +Notwithstanding the publicity of the Edict, which imposed +excommunication for failure to denounce, the trials show that the most +fertile source of denunciation was the refusal of confessors to absolve +penitents who had been solicited, unless they would accuse their guilty +partners to the Inquisition. In spite of the assurance of secrecy, women +were naturally reluctant, whether they had yielded or not, to expose +themselves to the necessity of reciting details more or less revolting, +and subjecting themselves at least to suspicion. One feature which +rendered this exposure peculiarly distressing was the necessity of +ratification, when all the foul or incriminating matter was rehearsed in +the presence of two more men and, as much of this testimony was taken on +the spot, by commissioners and notaries appointed _ad hoc_, in small +places where everything was known, such revelations would only be made +under the severest pressure. Again there was the enmity which was sure +to be excited for, in these cases, the device of suppressing the names +of witnesses was no protection against identification, which was a risk +not lightly to be encountered, especially when the culprit was a parish +priest, whose capacity for revenging himself was unlimited. The +Inquisition sorrowfully admitted that, even when it had one accusing +witness, corroborative evidence was almost impossible to obtain.[204] + +Even where no direct enmity was excited, the incidental troubles to +which a denunciation might give rise are illustrated in the case of Sor +María de Santa Rita, a nun, 29 years of age, in the convent of La +Magdalena at Alcalá de Henares, in 1737. During the absence of the +regular confessor, she confessed thrice a week for five weeks to Maestro +Diego de Azumanes, pastor of Alcalá. On her alluding to certain carnal +temptations, he pushed his inquiries to the furthest extent and then, +day after day, he poured into her ears a flood of foul and indecent +talk, with personal applications to her and to himself in a manner most +provocative of lust--or disgust. The regular confessor, on his return, +instructed her to report Azumanes to the Inquisition. In doing so she +unluckily mentioned that the superior of the house, Sor Teresa de San +Bartolomé, a virgin with thirty-eight years of conventual experience, +observing her repugnance to confess to Azumanes, told her not to mind +him; it was true that he was too clear and explicit in discussing such +matters, leading to temporary excitement of the passions, but she would +soon overcome this. The tribunal ordered a commissioner to examine Sor +María and, on receiving his report, instructed him to interrogate Sor +Teresa, which he did with a directness that must have been excessively +unpleasant, and it is easy to conjecture how miserable must have been +Sor María's subsequent life in the convent. The tribunal, it may be +added, did nothing, except to ascertain that no other denunciations had +been made against Azumanes. He was allowed to go on infecting the minds +of his penitents with his obscenity, until his death a few years +afterwards, in happy ignorance that any complaint had been made against +him.[205] When there were so many reasons to deter women from +denunciation, it is easy to understand how small a proportion of the +cases of solicitation reached the Inquisition. In 1695, Fray Luis +Aritio, a Recollect, was accused to the tribunal of Valencia by two +women and, on his trial, he confessed to ten.[206] + +[Sidenote: _IS A TECHNICAL OFFENCE_] + +The most available means of overcoming this repugnance was to render +denunciation a binding obligation on the woman. To effect this as far as +possible, when, in 1571, the clause in the Edict of Faith was suspended, +the Suprema issued an edict requiring confessors, under pain of +excommunication, not to absolve penitents confessing to having been +solicited, unless they would promise to denounce the offender.[207] It +was admitted, however, that there were degrees of danger which would +release the woman from the obligation, and casuists endeavored to define +this with their usual acuteness and lack of unanimity. One learned +writer, about 1620, even laid down the general principle that natural +law is superior to positive law, and the preservation of reputation +belongs to the former, while the obligation to denounce belongs to the +latter.[208] The Roman Inquisition, in 1623, made a concession to this +weakness, by providing that, when noble or modest women could not be +induced to denounce, there might be granted to their confessors +faculties to absolve them, on condition that, when the cause of fear was +removed, they would fulfil the duty, but this permission apparently was +abused for, in 1626, inquisitors and bishops were warned to grant such +faculties only when there were serious grounds.[209] That danger was +really sometimes incurred would appear from some fragmentary cases in +the Valencia records. In one of these, a baffled confessor threatens his +penitent with death if she betrays him; in another a priest, on finding +himself denounced, similarly threatens the confessor who had been the +medium of denunciation, unless he will write that the women had +withdrawn their statements.[210] The Spanish Inquisition, however, made +no allowances. It was apparently to put an end to the refinements of +casuistry that when, in 1629, it distributed to the tribunals the brief +of Gregory XV, it granted to all inquisitors a faculty to punish +confessors who taught that penitents were not obliged to denounce such +solicitors.[211] To render this more effective, in 1713, it ordered +that all women bringing charges of solicitation should be interrogated +whether any confessor had neglected to impose on them the obligation of +denunciation, and if so his name, residence and all the circumstances +were to be ascertained, so that he could be called to account.[212] + +While the Spanish Inquisition was thus creditably rigid in exacting +denunciations, it was equally strict in construing the limits of the +technical offence as defined in the papal decrees. As stated above, +morals had nothing to do with the matter; the business of the tribunals +was not to prevent women from being ruined by their spiritual fathers, +but only to see that the sacrament of penitence was not profaned in such +wise as to justify suspicion of the orthodoxy of the confessor. In 1577, +inquisitors were warned that it did not suffice for prosecution that +confessors had illicit relations with their penitents, or that they +solicited in the confessional when there really was no confession and, +in 1580 it was expressly stated that they were not to be prosecuted if +they said that they did not intend to have their penitents confess.[213] +This covered assignations under pretext of confession, to deceive +onlookers, which we are told was a frequent custom and, as there were no +confessional stalls, and the churches were largely deserted, there was +little danger of interruption. It was argued that there was no +confession and no sacrament, so there could be no heresy, but the Roman +Inquisition, in 1614, decided it to be solicitation, and the brief of +Gregory XV, in 1622 settled the question, although it required another +brief of Urban VIII, in 1629, to render it authoritative in Spain.[214] +This involved the question as to the knowledge which either party might +have of the other's intention, opening the door to the endless +refinements of antecedent or consequent invincible ignorance, in which +the casuists disported themselves.[215] + +Even more dubious and fruitful of discussion was the question as to what +constituted the solicitation itself. About torpezas or physical +indecencies, there could be no rational doubt, though even here the +laxity of Probabilism gave scope for arguing them away.[216] It is such +things that usually meet us in the trials, in a shape admitting of no +debate, but there was a wide range of less incriminating acts, such as +words of flattery and endearment, praising the penitent's beauty or +telling her that if he were a layman he would marry her. Theoretically, +what were known to the moralists as _parvitas materiæ_--trifles +insufficient for animadversion--were not admitted in solicitation. +Pressing the hand, touching the foot, foul expressions and the like were +admitted to be subjects for denunciation, but the gradations of such +advances are infinite, and the elaborate discussions in some of the +works on the subject are examples of perverted ingenuity, apparently +directed to teach libidinous priests how to gratify sensuality without +incurring risk.[217] The question of lewd and filthy talk was an +especially puzzling one, for the confidences of the confessional +presuppose a licence on subjects usually forbidden between the sexes, +which may readily be abused by a brutal or foul-minded priest, and it is +impossible to frame a definition which in practice shall rigidly +differentiate moral instruction from heedless pruriency or deliberate +corruption. How difficult it is to draw the line in such matters is +indicated by a case before the Valencia tribunal in 1786. A nun of the +convent of Santa Clara in Játiva complained of the indecent and +unnecessary questions repeatedly put to her in confession by the +Observantine Fray Vicente González. Under the advice of the definitor of +the Order she empowered him to denounce González to the Inquisition. +Then the regular confessor of the convent pronounced that the questions +were necessary and proper, and persuaded the definitor to write to the +tribunal to that effect.[218] + +[Sidenote: _DOUBTFUL QUESTIONS_] + +There were other intricate questions arising from human perversity. A +Cunha tells us that the more probable opinion affirms the guilt of a +confessor who acts as a pimp with his penitent for the benefit of +another, and also in the more frequent case in which he solicits the +penitent to serve as procuress for him with her daughter or a friend. De +Sousa, however draws a distinction and asserts positively that, in the +former case, he is liable under the papal briefs and, in the latter, he +is not, nor is he if he tries to seduce a woman who is confessing to +another priest.[219] Then there was a nice question as to priests +without faculties to hear confessions, or who were under suspension or +excommunication, on which the doctors were evenly divided.[220] +Distantly akin to this were cases in which laymen would secrete +themselves in confessionals and listen to confessions, whether from +prurient motives, or through jealousy, or to obtain opportunities for +seduction. If they carried deceit to the point of conferring absolution, +they incurred serious penalties, as we shall see hereafter; if they +merely solicited the penitent, the weight of authority is that there is +no sacrament and no liability to the papal briefs.[221] + +There was another phase of the subject on which the doctors were +hopelessly divided--what was known as passive solicitation, where the +woman was the tempter. This case, we are told, was rare, and we can +readily believe it, although there are not wanting zealous defenders of +the cloth who assert that in the majority of cases the penitent is +really the guilty party. The earliest allusion to the matter is by +Páramo, in 1598, whose treatment of it shows that as yet there had been +no formal decision; if the confessor resists, he says, he should +denounce the woman; if he yields, he should denounce both her and +himself, though perhaps it would be best to consult the pope.[222] As +regards the confessor, the authorities differ irreconcileably, but they +are virtually unanimous in holding that, as the woman is not mentioned +in the papal briefs, she is not subject to the Inquisition.[223] Yet, +notwithstanding the absence of papal authority, we happen to find María +Izquierda prosecuted for this offence, in 1715, by the Valencia tribunal +and, in 1772 Antonia Coquis, wife of Bruno Vidal, by that of +Madrid.[224] + +It will be seen that solicitation subject to inquisitorial action was so +purely technical an offence, and one so difficult of precise definition, +that it offered many doubtful points affording ample opportunity of +evasion by the adroit. Gregory XV had sought to be precise and explicit, +but the ingenuity of casuists and evildoers continued to find exceptions +and, in 1661, the Roman Inquisition rendered sixteen decisions on +disputed points, but its ingenuity was baffled by so intricate a +subject, and it was obliged to leave some matters rather darkened than +illuminated.[225] Then it was pointed out that the papal briefs were +silent as to handing love-letters to penitents during confession and, as +everything not specifically prohibited was held to be licit, this was +assumed to be allowable, until Alexander VII stamped the proposition as +erroneous.[226] After this the perverted ingenuity of the casuists had +free scope until, in 1741, Benedict XIV, in the solemn bull _Sacramentum +Poenitentiæ_, deplored that human wickedness was perverting to the +destruction of souls that which God had instituted for their salvation. +He renewed and confirmed the brief of Gregory XV, and added to its +definitions all attempts in the confessional to lead penitents astray by +signs, nods, touching, indecent words and writings, whether to be read +there or subsequently. In eloquent words he warned all those in +authority to see that the wandering sheep, endeavoring to re-enter the +fold, should not be abandoned to the cruel beasts seeking their +destruction, and he branded the sacrilegious seducers as ministers of +Satan, rather than of Christ.[227] Still, it was only the technical +heresy and not morality that was considered, and illicit relations +between spiritual father and daughter, outside of the confessional, were +left unpunished as before. + +[Sidenote: _ABSOLUTION OF ACCOMPLICE_] + +At the same time he endeavored to suppress the most flagrant abuse +connected with solicitation--an abuse which, more than anything else, +smoothed the path for the seducer--the absolution of the woman by her +partner in guilt. Alexander VII, in 1665, had only gone so far as to +condemn the proposition that this absolution relieved her from the +obligation of denouncing her seducer--a proposition which proves how +audacious were the laxer moralists of the period who asserted it.[228] +Benedict now formally prohibited the guilty confessor from hearing the +confession of his accomplice, except on the death-bed when no other +confessor could be had; he deprived him of the power of granting +absolution, which consequently was invalid, and the attempt to do so +imposed _ipso facto_ excommunication, strictly reserved to the Holy +See.[229] As this excommunication suspended all the functions of the +priest until removal, its observance would have gone far to check any +abuse that was not incurable, but neither priest nor penitent paid to it +the slightest attention. It is impossible to trace, in the business of +the Spanish Inquisition, any result from Benedict's well-meant +legislation. Trials for solicitation continued as numerous as ever, and +the only difference observable is that, in the second half of the +eighteenth century, the sentences almost invariably assume that the +culprit has incurred excommunication for absolving his accomplice; that, +until he obtains absolution from this, he must abstain from using his +functions, that he must consult his conscience as to his ministrations +hitherto while under this irregularity, and that his penitents must be +discreetly warned to repeat their confessions which, having been made to +him, were invalid. This continued to the end and is a feature in the +case of Fray Josef Montero, the last one sentenced by the Córdova +tribunal, April 24, 1819.[230] + +[Sidenote: _MORALITY DISREGARDED_] + +It is no wonder that confessors endeavored to evade the technical +definitions of the papal briefs for, if they could do so, no matter how +heinous was their guilt there was practically no penalty. Juan Sánchez +asserts that a priest who has commerce with his penitent is not obliged +to specify the fact when making confession, for it is not incest and +there is no papal prohibition of it.[231] All authorities, from that +time to this, tell us that he can obtain absolution from any confessor, +for it is not a reserved case, which shows the universal benignity of +the bishops and the popes, who have the power of reserving to themselves +the absolution of what sins they please.[232] It is easy to understand, +therefore, how, in the trials, the inquisitors bent their energies to +obtain definite evidence as to the exact location and time of the acts +of solicitation, and how the accused sought to prove, not his innocence, +but his dexterity in evading the definitions of the papal decrees. A +suggestive example is the case of Doctor Pedro Mendizabal, cura of the +parish of Santa Ana in the City of Mexico. He was denounced, June 21, +1809, by Doña María Guadalupe Rezeiro, by command of her confessor, when +she stated that, in January, 1807, she made to him a general confession, +too long to be finished in one day. On returning to his church to +complete it, she was told to go up to his room, when he said he was too +busy to listen to her. She retired but, on her way down stairs, his +servant recalled her and, on entering his apartment, he threw his arms +around her, professed ardent love and promised to support her if she +would become his mistress, which she refused. As he had thus eluded the +definitions of Benedict XIV, four calificadores out of six reported that +he was not technically guilty of solicitation. The denunciation was +filed away and, in 1817, there came another, of which he had warning in +order that he might spontaneously accuse himself, as he did. It was from +an attractive young girl of 17, and investigation developed four more +cases of girls of whom he was confessor. Abundant evidence showed +habitual indecent liberties--hugging, kissing, sitting in his lap, in +presence of their families or even in public resorts. He had been +ordered out of two houses and, on appeal to the archbishop, he had been +forbidden to confess one of the girls who was a boarder in a convent. +The distraction of the mother of the first accuser, endeavoring to save +her daughter from one whose authority as a priest overawed her, is very +touching and suggestive. Yet in all this there was no proof of anything +in the act of confession--as one of the calificadores piously remarked, +"God, in his goodness, preserved him from this." Two calificadores +argued at much length that he was not guilty of solicitation; then two +others proved that he was guilty, and finally two more laboriously +demonstrated that the first pair were correct. This is the last document +in the case. It is dated November 3, 1819, and, as the Inquisition was +suppressed in June, 1820, and as there is no endorsement on the record +showing that the case was concluded, Mendizabal undoubtedly escaped to +continue his corrupting career, especially as he had four out of six +calificadores in his favor.[233] + +The technicalities, which eliminated morality from consideration, +resulted in curious contrasts. In November 1762, Fray Clemente de +Cartagena went to Toledo to assist in the profession of his neice +Gerónima, in the Bernardine convent, where he already had a sister. He +and his sister were in the confessional near the altar, when some duty +called her away and she told Gerónima to go to her uncle. She seated +herself in the confessional, while he occupied the penitent's place +outside and, in an affectionate talk, he asked her to kiss him. The next +day he said to her that he had forgotten at the moment that they were in +the confessional; this made no impression on her, until she heard the +nuns talking about the exceeding delicacy of such matters, and she +consulted Fray Fernando de San Josef, who ordered her to denounce her +uncle. This she did in writing, and Fray Fernando conveyed it to the +tribunal, which duly took up the case. We shall see that prosecutions +required two distinct and separate denunciations; inquiries, according +to custom, were made of all the other tribunals; fortunately for Fray +Clemente nothing was found against him and the case was suspended, but +if there had been, or if subsequently he chanced to draw upon himself a +denunciation, the innocent kiss to his neice would count as though he +had deliberately seduced a penitent.[234] It was the spot and not the +nature of the act that was decisive. + +Against this may be set the case of Cristóbal Ximeno, parish priest of +Manzanera, a brute who was in the habit of violating the young girls of +his church, who came to his house for examination in the _Doctrina +Cristiana_, as a preparation for communion at marriage, until mothers +would not trust their daughters there alone. They were his penitents, +but the outrage was not in the confessional and he had nothing to fear +under the papal decrees. At length, however, he made himself liable to +the Inquisition by pretending to confess Pasquala Torres, at her +marriage, without absolving her and then, when administering communion +to her and her bridegroom, dropping the host into the ciborium--a +sacrilege for which he was duly punished by the Valencia tribunal.[235] +So complete, indeed, is the dissociation of morals and solicitation, +that some doctors hold that, when a priest is confessing a sick woman, +if she falls into delirium or stupor, he can violate her without +exposing himself to denunciation. It is satisfactory, however, to be +told that the weight of authority is opposed to this opinion.[236] + +[Sidenote: _FLAGELLATION_] + +Yet there was one species of abuse of the confessional, not contemplated +in the papal briefs, which the Spanish Inquisition, by a somewhat forced +construction, classed with solicitation. This, which was known as +flagellation, consisted in imposing penance of the discipline and +administering it on the spot, or letting the penitent administer it +herself, in either case requiring her to disrobe and expose herself to a +greater or less degree. Sometimes this was mingled with the debased +mystic ardor, of which we have seen examples above, leading both parties +to expose themselves and lash one another. The earliest case that I have +met of this occurred in 1606, at Nájera, when María Escudero, a widow +aged 40, testified that she had long confessed to the Franciscan Fray +Diego de Burgos. They exchanged vows of obedience to each other; he +would visit her in her house when they would discipline each other with +exposure almost complete, under agreement that their eyes should be kept +closed. Then he introduced a pious exercise still more indecent, but he +was always scrupulously correct in the confessional. She chanced to +make a general confession to another priest who refused absolution +unless she would denounce Fray Diego. The case was evidently novel and +dragged on until 1609, when it reached the Suprema, which submitted the +matter to two calificadores. One opined that the acts savored of the +heresy of the Adamites and Alumbrados; the other attributed it merely to +imprudent simplicity and ignorance. Apparently there was no precedent +for guidance and the case seems to have been suspended.[237] A parallel +case, with a different ending, was one in which there were a number of +women concerned and the practices were foul almost beyond belief. The +priest was an ignorant and simple man who, by the advice of another +confessor, came with the women to denounce themselves. He was sentenced +to rigid reclusion in a convent, where he died after giving a most +edifying example, and the women were not prosecuted, as they were mostly +barefooted Carmelites and Capuchins.[238] + +The _flagelante_ soon came to be recognized as an offender akin to the +solicitor, and was held to be subject to the papal briefs. The old +inquisitor, who relates the last case, and writers like de Sousa and +Alberghini, all speak of stripping penitents and disciplining them as a +species of solicitation, to be visited with the same penalties.[239] As +a rule, in fact, it was regarded as rendering the offence more serious, +for it inferred more than the technical suspicion of heresy, especially +after Molinism had deepened the guilt of Illuminism, and we find +allusions to _hereges flagelantes_. Cases become frequent in the records +and we even, in 1730, find a Fray Domingo Calvo spontaneously denouncing +himself to the Madrid tribunal for having caused himself to be +flagellated, showing to what means perverted sexual instincts resorted +for gratification.[240] + +The extent to which these practices were sometimes carried is indicated +in the trial, in 1795, of Padre Paulino Vicente Arevalo, priest of +Yepes, as "solicitante y flagelante." He confessed to the most flagrant +indecencies committed in this manner, with his female penitents, among +whom were nine pupils or sisters of the Bernardine convent. Sometimes he +made them discipline themselves in his presence and, as the scourge had +to be applied to the peccant parts, he had choice of such exposure as he +desired, an opportunity of which he admitted availing himself. The +record is discreetly mute as to worse excesses but, as six of his +penitents were required to repeat to another confessor all the +confessions specified in the evidence, it follows that sins must have +been committed for which he absolved them. For this perversion of so +many young lives he was only sentenced to a year's reclusion in a +monastery, thirty days' spiritual exercises, deprivation of the faculty +of confession, perpetual exile from Yepes and eight years' exile from +some other places--penalties which, although severe under the mild +inquisitorial standard, were wholly inadequate to his offences.[241] + +A considerable portion of the cases in the later years of the +Inquisition are characterized as "solicitante y flagelante" and many of +them illustrate the easy transition from Illuminism to solicitation. As +early as 1651 we meet the case of the Dominican Fray Gerónimo de las +Herreras, condemned by the Toledo tribunal to deprivation of the faculty +of confession and three years' reclusion in a convent, as an "alumbrado +y solicitante," convicted of repeated practices of obscenity with many +women. When Molinism came to the front, those who taught it with its +debauching consequences were more severely dealt with, as in the case of +Buenaventura Frutos, cura of Mocejon, who, in 1722, was pronounced by +the Toledo tribunal to be a formal heretic and dogmatizer, a +contumacious solicitor and seducer. As such his sentence was read with +open doors, he appeared in a sanbenito _de dos aspas_, was reconciled, +verbally degraded and recluded irremissibly for life in a convent where, +for two years he was shut up in a cell, under instruction.[242] Similar +cases continued to occur occasionally, but more numerous in the later +period were those in which solicitation is conjoined with _mala +doctrina_, showing that the evil teaching was of a less dangerous +character than fully developed Molinism--a mere soothing of the +conscience of the penitent with assurances that what her confessor +desired was not mortal sin--but even this was regarded as increasing the +suspicion of heresy and requiring severer punishment.[243] + +[Sidenote: _PROCEDURE_] + +It is perhaps not without interest to note the advanced age to which +some of these soliciting confessors retained the ardor which impelled +them to the offence. Cases of septuagenarians are by no means rare. The +Dominican, Fray Antonio de Aragon, sentenced, July 24, 1734, at Toledo, +was 78 and the Observantine, Fray Miguel Granado, denounced, in 1786, to +the Cuenca tribunal, was 80. In the former case the punishment was +mitigated in consideration of his years, though a less sympathizing +court would have heightened its rigor, in view of the evil which such a +sinner must have wrought during so prolonged a career.[244] + + * * * * * + +When, in 1561, the Inquisition obtained jurisdiction over solicitation, +it had no precedents on which to frame its procedure or to regulate the +penalties. The episcopal courts had been inert and merciful, and the +fact that the offence had been transferred from them inferred that the +new jurisdiction was expected to be vigorous and rigorous. Its first +care, however, was to preserve secrecy and avert scandal, so that no +layman should be admitted to knowledge of clerical delinquencies. The +earliest utterance is a carta acordada of 1562, prescribing that, when +the denunciation affords conclusive evidence, it shall be considered by +the inquisitors and Ordinary, without calling in the usual consultors, +and the arrest shall be made with the utmost circumspection; the accused +is to be admitted to bail; when the case is concluded, if he is a fraile +he is to be confined in his convent with orders not to preach or hear +confessions, or to have active and passive voice; if he is a secular +priest, he is to be confined somewhere else than where the offence was +committed, he is not to exercise his functions and the final disposition +of the case is to rest with the Suprema.[245] In 1572, consultors were +admitted to examine the evidence before arrest, but they were to be +exclusively clerics, and the result was to be submitted to the Suprema +before action. It made little difference that the heinousness of the +offence was emphasized, and the necessity of exemplary punishment, when +the culprit was treated with this exceptional tenderness.[246] In 1600, +even the Ordinary was excluded from the preliminary deliberations and +the Suprema was to be consulted before any action was taken.[247] The +same precautions as to publicity were to be observed with regard to the +sentences, which were to be read in the audience-chamber with closed +doors, the only witnesses present being a prescribed number of the +brethren of the culprit--members of his Order if he was a fraile, or +curas and rectors, if a secular priest.[248] The care taken to avert +attention from these delinquencies is illustrated in the case of Fray +Antonio de la Portería, in 1818; he was resident in the convent of +Mondonedo, and the guardian was ordered to send him on some pretext to +the house of the Order at Santiago, where he was duly tried.[249] + +[Sidenote: _PROCEDURE_] + +Even greater favoritism was manifested in the matter of evidence. We +have seen that, in ordinary trials, while two witnesses were required as +to each fact yet, in practice, a single witness sufficed, not only for +arrest but for torture and that the testimony of the vilest persons was +welcomed without discrimination. In solicitation, it was self-evident +that there could be but one witness to each specific act, so that +perforce the tribunals were instructed that they must be content with +"singular" witnesses. A single denunciation however, did not suffice for +arrest, but in 1571, and again in 1576, they were allowed to deliberate +on it and consult the Suprema. Even this was thought to be too harsh +and, in 1577, the rule was adopted that there must be two separate and +independent denunciations before arrest and trial--a rule fraught, as we +shall see, with far-reaching consequences for, when it was so difficult +to induce women to accuse their seducers, innumerable culprits escaped +because two of their victims did not happen to act independently.[250] +Similar exceptional consideration was shown with regard to the character +of the witnesses, repeated instructions being issued that this was to be +carefully investigated, and the results be noted upon the record and +reported to the Suprema, so that due weight be given to it, both in +ordering arrest and apportioning penalties--precautions eminently +commendable, but deplorably lacking in trials for other offences.[251] +Justification for this solicitude was sought in the customary monkish +abuse of women in general. It was a misfortune that their evidence was +to be received at all but, from the nature of the crime, this was +unavoidable, and Páramo tells us that by nature they are lying, +deceitful, perjurers, crafty, changeable, frail, mutable and +corruptible--a daily curse, the gate of the devil, the tail of the +scorpion, a whitened sepulchre, an incurable sore, but they are the only +witnesses to be had and two of them, if of good character, must suffice +for full proof.[252] Such tirades show the different temper in which +inquisitors approached the consideration of these cases and those of +Jews or Protestants. + +After arrest the culprit could be committed to the secret prison, but +this was exceptional, the custom being to remand regulars to houses of +their Order, and to admit seculars to bail, with the city as prison, in +a manner to attract as little attention as possible. The trial took the +usual course, interrogation being made as to intention and belief in the +sacrament of penitence, on which inquisitorial jurisdiction was based. +Of course all heretical tendencies were disclaimed, but, in the possible +case of error and pertinacity, there was provision for confinement in +the secret prison with sequestration of property and seizure of +papers.[253] + +In the Spanish Inquisition, solicitation uncomplicated by Illuminism or +Molinism, inferred only light suspicion of heresy, requiring merely +abjuration _de levi_. Consequently the accused was not exposed to +torture. It is true that, academically speaking, though he could not be +tortured as to intention and belief, he might be subjected to it if he +denied facts, but in practice it was never employed, although the formal +accusation contained the _otrosi_ demanding it.[254] Yet, when there was +_mala doctrina_ or Illuminism torture was employed without scruple, as +in the case, in 1725, of Manuel Madrigal, in Toledo, accused as +"solicitante, Molinista y flagelante."[255] In the Roman Inquisition, +however, after the brief of Gregory XV, the suspicion of heresy was +vehement, the abjuration was _de vehementi_ and there was no exception +to the general rule of torturing on intention. The testimony of one +woman of good character, supported by indications such as the evil +repute of the confessor, or that of two women unsupported, sufficed. In +every way Rome treated the offence with less charity than did +Spain.[256] + +The instructions as to the examination of accusers offer a strong +contrast to the negligence habitual in trials for formal heresy, of +which the penalties were so much more severe. Tribunals were warned that +it required special attention and the utmost exactitude; the woman must +declare precisely the spot and the time, whether confession was real or +simulated, and she must repeat in full detail the words and acts of the +confessor without omission. If any one was near enough to see or to +hear, she must state who it was; if she had spoken to any one, the name +must be given, and the inquisitor was urged to exercise his ingenuity +according to the circumstances of the case. If she had subsequently +confessed to the same priest, she must give her reasons and state +whether he had absolved her. Special inquiry was to be made as to any +cause of enmity on her part or that of her kindred; whether she had +heard of his doing the same with other women; what she thought or knew +as to his character, and whether any other confessor had told her that +she was not bound to denounce him.[257] All these were salutary +precautions which, if general and not exceptional, would have prevented +much injustice. + +[Sidenote: _TWO DENUNCIATIONS REQUIRED_] + +This instruction would appear to require that, in case of consent, the +witness should be forced to reveal her shame. Protection from this would +seem necessary to overcome reluctance to make denunciation, and the +Roman Inquisition, by decree of July 25, 1624, ruled that neither the +woman nor the accused was to be questioned as to this and, if the +information was volunteered, it was to be omitted from the record, while +confessors were ordered to assure penitents that no such inquiries would +be made.[258] If such a rule existed in Spain, it was not observed until +near the end, for the records of trials show that the examination was +pushed to the last point, and the results were fully set forth in the +proceedings. As late as the middle of the eighteenth century, +instructions to commissioners taking testimony in these cases require +them to obtain all details as to words and acts and to write them out +fully and distinctly, no matter how obscene they may be.[259] Soon +after this, however, occurs the first intimation as to reticence that I +have met, in instructions to a commissioner, January 27, 1759, as to +taking testimony from a nun, in which he is told to notify her that, if +she volunteers to relate her own ruin, this is not to be stated or +included in the testimony.[260] Subsequently this became the rule, as +appears by instructions in 1816 and 1819.[261] + +The most important discrimination in favor of these delinquents was the +requirement of two independent denunciations to justify arrest and +trial. This was not reached without some hesitation. The earliest formal +instructions that we have on the subject are embodied in a letter to the +tribunal of Sardinia, in 1574, when forwarding to it the brief of Pius +IV. As the crime is understood to be very prevalent in the island, the +inquisitor is ordered to prosecute it with rigor, according to the +procedure in cases of heresy, no exception being alluded to as respects +single denunciations.[262] Instructions to the tribunal of Peru, about +the same time, specify that a single witness suffices for prosecution +and that Indian women can be admitted.[263] Then, as we have seen, there +is an inclination in favor of the accused, in a carta acordada of March +2, 1576, ordering single accusations to be received, but the Suprema is +to be consulted before taking action. This tendency increased, and +fuller instructions to Sardinia, in 1577, require two witnesses with +conclusive evidence as a condition precedent to arrest.[264] This was +repeated in general instructions issued in 1580 and, after some +variations, it remained an absolute rule until the end.[265] Even this +was regarded by churchmen as too harsh. A Cunha holds that, while two +witnesses may suffice for prosecution, there should be at least four for +conviction, and he grows eloquent in pointing out the dignity of the +priest, the scandal to the Church and the exultation of the heretic. De +Sousa likewise considers two witnesses insufficient for conviction, +though, if they are of exemplary character, their evidence may justify +some moderate penalty.[266] + +It is probable that, for awhile, practice was not uniform in all +tribunals. In that of Valladolid, in 1621 and 1622, there are several +cases in which arrest was voted on the evidence of a single witness and +these votes were confirmed by the Suprema.[267] On the other hand, about +1640, an inquisitor tells us that, when the accused denies, conviction +requires the evidence of three witnesses whom he has been unable to +disable for enmity, low rank of life, or doubtful repute. Some authors, +he adds, insist that four are necessary, but he admits that, when there +are two whose characters stand thorough investigation and there are +supporting indications, conviction may follow.[268] It is impossible not +to recognize the charitable motives that prompted this reluctance to +punish. + +The requirement thus established of two independent denunciations threw +serious impediments in the way of suppressing a crime in which it was so +notoriously difficult to find accusers. The routine gradually +established was, when a denunciation was received, to search the records +for a previous one. If none were found, letters were addressed to all +the other tribunals requesting a similar examination of their registers +and, if this was unsuccessful, the denunciation was filed away to await +the chances of another accuser presenting herself, thus giving the +accused, if guilty, the opportunity of continuing his profligate career, +and leading the woman to believe that the case was too trivial to +deserve the attention of the Inquisition. These long intervals of +impunity illustrate the difficulty of obtaining denunciations, and the +preponderant chances of escape, when prosecution was thus obstructed. + +[Sidenote: _TWO DENUNCIATIONS REQUIRED_] + +Numberless cases show how prolonged was often this period of immunity in +a career of crime, to say nothing of the yet more frequent instances +where the second denunciation never came. Thus at Valencia, on September +22, 1734, María Theresa Terrasa accused Fray Agustin Solves of having +taken her, after confession and communion, to a room back of the altar +and committed violence on her. This was laid aside for fourteen years +when, on November 12, 1748, Sor Vitoria Julian, of the convent of San +Julian, appeared and denounced him for having, some fifteen years +before, solicited her some twenty times in the confessional of the +convent of which he was the regular confessor, though she had not +understood until now the obligation of denunciation. He had meanwhile +been removed to the convent of Villajoiosa and had doubtless profited +fully by the interval thus afforded.[269] This is by no means an extreme +instance. In the list of soliciting confessors, kept by the Madrid +tribunal, there occurs, in 1772, the name of Fray Andrés Izquierdo as +accused in Valladolid, with a reference back to the years 1751 and 1752. +Fray Bartolomé de Montijo appears as denounced in 1740 and again in +1776. Fray Fernando López, ex-provincial of the _Escuelas pias_, was +denounced in 1780 for tampering with the children under his charge, and +again in 1795, when he was tried and exiled. The Jesuit Juan Francisco +Nieto, was denounced in Toledo in 1708 and again in 1731 in Madrid. Fray +Joseph de San Juan was accused in Toledo in 1732 and in Granada in 1772. +Fray Pedro de la Madre de Dios was denounced in Barcelona in 1722 and +again in 1744. Even two denunciations, in many cases, did not suffice to +put an end to these corrupting careers, and it required three or four. +Fray Alonso de Arroya was denounced in 1768, 1788 and 1803; Fray +Francisco de la Asuncion Torquemada in 1735, 1770 and 1776; Domingo +Galindo, rector of Nules, in 1790, 1792, and 1795; Fray Francisco +Escriva in 1769, 1775, 1786 and 1787; and Padre Feliciano Martínez, S. +J., in 1767, 1771, 1784 and 1800. It is scarce worth while to multiply +instances of which the records furnish an abundant supply.[270] + +As the majority of offenders were frailes, who had no settled residence, +it became necessary, in order to meet the exceptional requirement of two +denunciations, to establish communication between the several tribunals. +This was felt as early as 1601, when each one was ordered to send to all +the rest, information as to _solicitantes_, whose cases had been +suspended without prosecution. This seems to have received scant +obedience, while cases of solicitation were constantly becoming a more +important portion of inquisitorial duty, leading to a more comprehensive +effort in 1647. The tribunals were required to search their records for +thirty years back and make out lists of those charged with solicitation +with all necessary details; copies of these lists were to be sent to the +Suprema and to all other tribunals, and every year the new cases were +to be similarly circulated. A complete alphabetical list of the whole +was to be compiled and copies were to be furnished to all tribunals +making application.[271] If this was obeyed at the time, it must soon +have fallen into desuetude, for the custom became universal, when a +denunciation was received, of addressing all the sister tribunals with +the inquiry as to whether the name of the accused appeared on their +records. To facilitate these frequent researches, in compiling the +_Libras Vocandorum_ and other registers, a separate volume was reserved +for solicitation.[272] + + * * * * * + +When all impediments were overcome and conviction was reached, the +penalties inflicted were singularly disproportionate to the gravity of +the offence, especially when compared with the severity exercised on +those whose guilt consisted in putting on clean linen on Saturdays and +avoiding the use of pork. The earliest definition as to punishment +occurs in the Sardinia instructions of 1577, where the prescriptions +embody the general features of the policy pursued to the end, including +the secrecy preserved by reading the sentence in the audience-chamber. +The penalties, it is stated, are customarily arbitrary, varying with the +character, degree and frequency of the offence but, in all cases, there +must be abjuration _de levi_ and perpetual deprivation of the faculty of +administering the sacrament of penitence; as to the other sacraments and +preaching, or reclusion or exile, it is discretional. For religious +there may be discipline in the chapters of their convents, while a +notary reads the sentence or, in atrocious cases, a discipline in the +audience-chamber; there may also be other penances, such as reclusion +and suspension or deprivation of sacerdotal functions, deprivation of +active and passive voice, being last in choir and refectory, and penance +for heavy sin, discipline, prayers etc. For secular priests, besides the +general penalties, there may be reclusion, deprivation or suspension of +functions and benefice, fines, secret disciplines, fasts and +prayers.[273] + +[Sidenote: _PUNISHMENT_] + +How these general rules were reduced to practice, at this period, may be +gathered from a few examples in Toledo, all of whom had of course the +regular abjuration de levi and reprimand. In 1578 the Carmelite, Fray +Agustin de Cervera, against whom there were ten witnesses, was +sentenced to perpetual deprivation of confession, reclusion for a year +in a convent of his Order, where he was to receive a discipline, and +Friday fasting on bread and water. The Dominican Fray Domingo de +Revisto, against whom there were forty-nine witnesses, besides others +who came after the conclusion of the case, was perpetually deprived of +confessing and recluded in a desert convent for ten years, during which, +for a year, he was deprived of active and passive voice, of preaching +and of saying mass. In 1581, Pedro de Villalobos, acting cura of Halía, +had many witnesses as to his acts in the confessional and an infinite +number as to his general licentiousness, for he kept a concubine, had +debauched two sisters and their aunt, and committed much else of the +same kind. These latter sins were outside of inquisitorial jurisdiction; +for the solicitation he was exiled from Halía for three years, of which +the first was to be passed in a monastery with suspension from +celebrating, he was perpetually suspended from confessing, and was fined +in fifteen thousand maravedís. Fray Juan Romero was accused by five +women; he admitted using words of endearment, but innocently, as he +claimed to be impotent. Either the claim or the fact seems to have been +regarded as an aggravation, for he was deprived of confessing and was +recluded for ten years, without active and passive voice, to be last in +choir and refectory, with a monthly discipline during the first year, a +discipline in the audience-chamber and one in the convent of San Pablo +while his sentence was read.[274] + +These examples will suffice to show the spirit in which aggravated cases +were treated. Those of less gravity had concessions in the variable +factors, but the deprivation of confessing was perpetual. About 1600, +Miguel Calvo summarizes the practice, with a distinct inclination +towards greater severity, and adds that, when the culprit has solicited +men, the penalties are to be increased.[275] On the other hand, in 1611, +a Cunha pleads for moderation, and warns the inquisitor not to drive the +culprit to despair, while de Sousa endeavors to argue away the stern +penalties prescribed by Gregory XV, and repeats the warning as to +despair.[276] + +It was wholly superfluous to plead for leniency. The Spanish Inquisition +paid no attention to Gregory's brief, although, in 1629, it ordered the +tribunals to follow its prescriptions, for it even began to show an +increased tendency towards benignity. The severest sentence I have met +at this period concerned a peculiarly scandalous case before the +tribunal of Valladolid where, in 1625, the Trinitarian Fray Juan de +Ramírez was accused by five youths and one woman, and besides he had +once celebrated mass without confessing. He was verbally degraded, +deprived perpetually of confessing and condemned to ten years of +reclusion, lifelong exile from Burgos and a circular discipline in his +convent. This was justice tempered with mercy, but there was much mercy +and little justice, in 1637, in the case of the Franciscan Fray Alonso +del Valle before the same tribunal. He was accused by two sisters of his +Order; there was a vote in discordia and the Suprema ordered suspension +of the case, but, before this could be done, there supervened two more +witnesses with evidence of the foulest character. The result was a +sentence April 14, 1638, of deprivation of confessing women, one year's +reclusion and four years of exile from Toro and Astorga. Equally +fortunate was the Dominican Fray Juan Gómez, accused by two women, with +one of whom, for fifteen years, he had illicit relations in the chapels +used for confession. Some sisters of his Order likewise denounced him +and, for all this he was sentenced, February 4, 1638, to be deprived of +confessing women and to Friday fasting for six months. Even greater was +the benignity shown, in 1642, to the Licenciate Morales, cura of +Robadillo, against whom there were two accusers. The vote of the +consulta de fe on the _sumaria_ was not unanimous, when the Suprema cut +the affair short by ordering suspension, with a private reprimand of the +accused in the apartments of the inquisitor.[277] + +[Sidenote: _PUNISHMENT_] + +Evidently the Inquisition was beginning to regard the offence with a +compassionate eye, and it would be superfluous to adduce more cases of +its tenderness. Still the regular scheme of punishments was nominally +held in force, and is duly recapitulated by an old inquisitor about +1640, who includes fines for secular priests and adds that the galleys +might be inflicted, and that those who relapsed deserved them. +Abjuration _de vehementi_ was never imposed and, although the papal +constitution permitted relaxation, this was never used, though it is +well that there is a faculty for it in extreme cases.[278] Even the +fines here alluded to were not heavy. Another authority of about the +same date says that, if the priest is rich, he may be mulcted in from +six to ten thousand maravedís.[279] The heaviest pecuniary penalty that +I have met was imposed, in 1744, on Fernández Puyalon, cura of +Ciempozuelos, who was fined in half his property, but here solicitation +was complicated with heretical propositions, which, as we have seen, +greatly enhanced guilt.[280] + +As regards the galleys, I have met with but one case of their +employment--that of the Licentiate Lorenzo de Eldora, assistant cura in +Torre de Beleña, tried in Toledo in 1691. He had already been punished +for the same offence in Granada, and had relapsed, which explains the +severity of the sentence suspending him from orders and banishing him +from a number of places for ten years, of which the first five were to +be spent in the galleys.[281] That this punishment was reserved for +relapse may be inferred from a case which, about the same time, was +occupying the Barcelona tribunal and which certainly deserved it. The +Mercenarian Padre Estevan Ramoneda was accused in 1690, but it was not +until 1694 that a second denunciation enabled action to be taken. After +many evasions, in ignorance of the exact charge, he confessed to much +more than was required. Since entering a convent, in 1660, as a boy of +fifteen, his life had been one of sexual abominations, almost warranting +the belief that the monasteries of the time were outposts of Sodom. The +number of women whose testimony was obtained was only eight, but among +these were some with whom extraordinary obscenities were practised in +church. He had no defence to offer and, in his sentence, September 11, +1696, all reference to his unnatural crimes of all kinds was carefully +omitted. He was deprived of confession, had a circular discipline in his +convent, and was recluded for four years in the house of N. Señora del +Olivar, from which he was allowed to return in October 1700.[282] This +was considered sufficient punishment for a brute whose life had been +spent in corrupting men, women and beasts. + +There is one feature in these cases which shows how great was the dread +of scandal. We frequently find details of the worst excesses committed +in the churches. According to the canon law (Cap. 5, Extra, v, xvi) a +church thus polluted required to be reconciled, but there is no trace in +any of the records of the observance of this rule. It was presumably for +the purpose of averting knowledge of such disgraceful occurrences that +casuists discovered that pollution occurred only when the act was public +and not occult.[283] + + * * * * * + +It was a favorite device, when a confessor had reason to fear that a +denunciation was impending, for him to denounce himself, in the +expectation of merciful treatment. Roman practice encouraged this by +conferring virtual immunity in such cases, as was experienced by the +Minim Hilario Caone of Besançon, who fled from Spain, in 1653, and +presented himself before the Roman Inquisition, stating that for ten +years he had heard confessions in the church of San Francisco de Paula +in Seville, and that he had come in post to confess that he had +solicited in confession some forty women, mostly with success. When +questioned as to belief and intention, he answered satisfactorily and +was only sentenced to abjure _de vehementi_, to visit the seven +privileged altars of St. Peter's, and for three years to recite weekly +the chaplet of the Virgin. This was not exceptional mercy for, in the +same year, an equivalent sentence was pronounced on Vincenzo Barzi, who +similarly denounced himself, and the existing rule is to impose only +spiritual penance on the self-accuser, with advice to avoid in future +those whom he has solicited.[284] + +[Sidenote: _SELF-DENUNCIATION_] + +The Spanish Inquisition, at least at first, was not so lenient and it +followed its rule with _espontaneados_ of examining for confirmation +those whom the delinquent named as the objects of his solicitations. In +the early cases there is little difference in the sentences between +those who denounced themselves and those who were accused. In 1582, the +Franciscan Fray Sebastian de Hontoria accused himself to the Toledo +tribunal for having, as vicar of a nunnery, corrupted several of the +nuns under peculiarly aggravating circumstances. On examination they +confirmed his confession, and he was sentenced to a circular discipline +in the convent of San Juan de los Reyes, to be deprived of confessing, +and reclusion in a convent for ten years, without active or passive +voice and being last in choir and refectory.[285] He had confessed fully +and freely. In another case, in 1589, before the same tribunal, the +Franciscan Fray Marcos de Latançon, in accusing himself, suppressed the +worst features of his offence. He confessed that, at Orche, he had +handled indecently some five or six unmarried and perhaps six or eight +married women, but averred that this was without any licentious feeling +or intention to induce them to sin. Five of the girls were examined, +whose concurrent testimony showed that the confessions were heard in a +chamber in which there was a bed. As each one entered he locked the +door; when the confession was half through he would interrupt it with +the foulest indecencies and violence, after which the confession was +resumed and absolution was granted. For this profanation of the +sacrament the sentence was the same as in the last case, except that the +reclusion was for only four years.[286] + +So long as the practice of examining the woman was continued, +self-denunciation always had the advantage that they would very +frequently, in defence of their honor, deny everything. The result of +this, and the prevailing tendency towards leniency, are indicated in +rules expressed about 1640, which tell us that, if one witness has +already testified against the culprit, self-denunciation ensures a +lighter penalty; there is no imprisonment and it is customary to deprive +him of confessing women. If he accuses himself before there is any +evidence against him, and if the women are numerous and they confirm his +statements, the case proceeds to deprivation of confessing; if they +deny, the case is suspended, with a warning to him. If there is but one +and the case is not grave, he is merely reprimanded.[287] + +The custom of examining the women compromised by the self-accuser +gradually grew obsolete, doubtless because they mostly protected +themselves from exposure by denial. Thus, in 1707, in the Madrid +tribunal, when Padre Pablo Delgado, provost of the Casa del Espiritu +Santo, accused himself, there seems to have been no examination of the +women and his case was promptly suspended, with a monition to abstain +for six months from confessing women.[288] So, in the case of the +Observantine Fray Gabriel Pantoja, who denounced himself, May 8, 1720, +to the Toledo tribunal, for offences committed during the previous ten +years, which show him to have lost no opportunity of seducing women, in +the confessional or out of it, and of promising absolution if they would +yield to his desires, the absence of his name from the record of _autos +particulares_ shows that none of the women were examined and that no +action was deemed necessary.[289] Indeed, what chiefly impresses one, in +a series of these cases, is the matter of fact way in which every +body--priests, penitents and inquisitors--seems to take it for granted +that such things were a matter of course and that the confessor should +be in pursuit of every woman who came before him. So, in a letter of the +Mexican tribunal, May 13, 1719, to its commissioner, in the case of Fray +Antonio Domínguez, who had denounced himself, the instructions are that +the culprit is to be exhorted to abstain in future and to sunder an +illicit connection with a daughter of confession; he is to be absolved +sacramentally which, as the rule in all cases of self-denunciation, is +to be made known to all confessors in the district "for the solace and +comfort of their souls"--thus assuming them to be all guilty of the same +offence.[290] + +[Sidenote: _INDIFFERENCE_] + +Still, practice as yet was not uniform. In 1740, the Recollect Fray +Joseph Rives accused himself before the Valencia tribunal, when the +evidence of two women was taken, showing the beastliness to which such +men resorted to inflame the passions of their penitents. A formal trial +resulted, ending in his deprivation of confession and three years' exile +from Valencia and the scenes of his excesses.[291] This was probably +one of the latest cases in which an _espontaneado_ suffered. A writer +shortly afterwards complains of the uncertainty of practice, as the +Suprema constantly issued varying decisions under conditions precisely +similar, but he states the rule to be that, when a priest accuses +himself, the registers are searched and, if nothing is found of record +against him, he is discharged with a charitable warning, and a +recommendation to abstain from the confessional save when necessary to +avert scandal.[292] Complete immunity soon followed for self-accusation. +In 1780 the Suprema seems to have desired to introduce uniformity, and +enquired of the tribunals whether they were accustomed to make +_espontaneados_ abjure and then absolve them, or whether they suspended +the cases, to which Valencia replied that the custom was to suspend, +without abjuration or absolution, unless there was complication of _mala +doctrina_.[293] When self-denunciation thus secured immunity it +naturally was frequent. In a list of a hundred and eight cases in +Madrid, between 1670 and 1772, thirty-two, or thirty per cent., are +_espontaneados_.[294] + +In fact, during the later period, the whole matter seems to have excited +but a languid interest, and to have been treated commonly with +indifference. We meet with instances in which accusations are +pigeon-holed without even making the prescribed inquiries of other +tribunals, or cases are suspended without examining the accuser.[295] So +relaxed was discipline that when, in 1806, the Franciscan Fray Francisco +de Paula Lozano had been deprived by Córdova of the faculty of +confessing, and not only disregarded the inhibition but complicated his +offence by opening a letter from the tribunal of Granada to the cura of +Salar, he was tried by Granada and merely reprimanded with a warning of +what would happen to him if he persisted in his evil courses.[296] + + * * * * * + +It would be interesting sociologically if complete statistics could be +compiled, from the time when jurisdiction was conferred on the +Inquisition, but this is impossible, for there are only a few +fragmentary sources of the earlier period, although for the eighteenth +century there are satisfactory materials in the special registers kept +of this class of cases. In no case, however, do they furnish a standard +by which to estimate the frequency of the crime, for the difficulty of +inducing women to accuse left the great majority of cases buried in +secrecy, in addition to which a marked feature of the records is the +disproportion between the accusations and the trials, owing principally +to the impediment arising from the requirement of at least two +accusations, so that the trials and sentences are comparatively few in +number. The working of this is exhibited, as early as 1597, in a report +by Inquisitor Heredia of Barcelona of a visitation of part of his +district, in which ten cases of solicitation were brought before him. Of +these seven are noted as suspended in consequence of there being but one +witness, another is suspended because the offender had been already +tried and punished, leaving but two in which arrest and trial were +ordered. In the visitation the whole number of cases was eighty-eight +and the only offences more numerous than solicitation were unnatural +lusts, of which there were fifteen, propositions which furnished twelve, +the assertion that marriage is better than celibacy which furnished +eleven, while blasphemy was on an equality with ten. All, or nearly all, +of these latter classes doubtless led to prosecutions, while +solicitation resulted in only two trials.[297] + +[Sidenote: _STATISTICS_] + +Llorente explains the discrepancy between the accusations and the +convictions by misconstruction put on the interrogations of confessors, +leading simple-hearted nuns to imagine themselves solicited.[298] This +implies eagerness on the part of women to bring such accusations when, +as we have seen, the main difficulty was to induce them to denounce, by +threats of excommunication and refusal of absolution; in the majority of +cases it was done only by order of a subsequent confessor, and this +frequently five, ten, or more years after the occurrence. The fact is +that only a small portion of offenders were denounced, and of these but +a fraction were brought to trial. So far moreover from the evidence +being only the excited imaginations of young girls, it rarely happened +that a case reached trial without resulting in conviction--the +preliminaries were too carefully guarded, and the dread of scandal too +vivid, to permit the arrest of a priest against whom the evidence was +not conclusive. + +The number of cases pushed to sentence was therefore not large. The +Toledo record, from 1575 to 1610, only furnishes fifty-two in a total of +eleven hundred and thirty-four of all kinds.[299] In the later period, +when the activity of the tribunals had greatly slackened, solicitation +formed a much larger proportion of their business.[300] We have a record +of all cases despatched in Toledo, from 1648 to 1794, in which those for +solicitation amount to only sixty-eight. This seems but few and yet, +when we compare this total with that of other offences, in which there +were no special impediments to prosecution, it becomes surprisingly +large, for there were but sixty-two cases of bigamy, thirty-seven of +blasphemy, seventy-four of propositions and one hundred of sorcery and +divination. Between 1705 and 1714, the whole number of sentences was but +twenty-six and of these eight were for solicitation, while between 1757 +and 1763 it contributed six cases out of a total of eight.[301] + +When we turn to the number of accusations we find them unexpectedly +large. The registers of solicitations, kept during the final century of +the Inquisition, afford trustworthy statistics showing that, from 1723 +to the final suppression in 1820, the total number of cases entered +amounts to thirty-seven hundred and seventy-five. Of these, it is worthy +of note that the secular clergy only furnished nine hundred and +eighty-one, leaving for the regulars twenty-seven hundred and +ninety-four, or nearly three-quarters. Partly this is explicable by the +greater popularity of the regulars as confessors but, to a greater +extent, by the opportunities of the beneficed priests, who were usually +well off, to gratify their passions without incurring the dangers of +polluting the confessional.[302] One noteworthy fact is the large +proportion of those occupying prominent positions as Provincials, +Guardians, Ministers, Priors, Comendadores, Visitadores, Superiors, +Rectors, Lectors, and the like, whose titles appear in the registers +with a frequency greater than their mere numbers would seem to justify. + +[Sidenote: _STATISTICS_] + +In 1797, Tavira, then Bishop of Osma and subsequently of Salamanca, +assumed that the crime of solicitation had greatly increased and was +increasing, which he attributed partly to the influence of Illuminism +and Molinism, but still more to its cognizance having been taken from +the bishops and the requirement by the Inquisition of two denunciations +before prosecution.[303] That the latter provision conferred practical +immunity on many culprits is self-evident, but this was probably less +effective than would have been the habitual indifference and leniency of +the spiritual courts, their dread of scandal and the inevitable disgrace +which deterred women from appearing in their public proceedings. There +is practically no reason for supposing that the crime was either more +or less prevalent, at the close of the eighteenth century, than it had +been ever since, in the thirteenth, auricular confession was made +obligatory, or than it has been since the nineteenth century opened. The +strain of the confessional is too great for average human nature, and +the most that the Church can do, in its most recent regulations, is to +keep these lapses of the flesh from the knowledge of the faithful.[304] + + + + +CHAPTER VII. + +PROPOSITIONS. + + +[Sidenote: _DELATION HABITUAL_] + +Although the Spanish Inquisition was founded for the suppression of +crypto-Judaism, it promptly vindicated its jurisdiction over all +aberrations from the faith. There were, at the time, no other formal +heresies in Spain, but the people at large were not universally versed +in all the niceties of theology, and the supineness of the spiritual +courts permitted a licence of speech in which the trained theologian +could discern potentialities of error. All this the Inquisition +undertook to correct and ultimately, under the general denomination of +"Propositions," there developed an extensive field of action, which +towards the end became the principal function of the institution. +Reckless or thoughtless expressions, uttered in anger or in jest, or +through ignorance or carelessness, gave to pious zeal or to malice the +opportunity of secret denunciation, which in time impressed upon every +Spaniard the necessity of caution, and left its mark upon the national +character. As we have seen, the closest family ties did not release from +the obligation of accusation, and every individual lived in an +atmosphere of suspicion, surrounded by possible spies of his own +household.[305] Men of the highest standing for learning or piety, +moreover, were exposed to the torture of prolonged prosecution and +possible ruin, for words spoken or written to which an heretical intent +could be ascribed, in relation to the obscurest points of theology, and +thus the development of the Spanish intellect was arrested at the time +when it promised to become dominant in Europe. From every point of view, +therefore, the miscellaneous offences, grouped under the general term +of Propositions, was by no means the least noteworthy subject of +inquisitorial activity.[306] + +How soon began the espionage, which eventually brought every man under +its baneful influence, is seen in the case of Juan de Zamora, condemned +in the Saragossa auto of February 10, 1488, to perpetual prison, because +at Medina, in chatting with some casual aquaintances, he was said to +have spoken disrespectfully of the Eucharist and to have denied the real +presence, while, in the auto of May 10, 1489, Juan de Enbun, a notary, +was penanced for saying that he cared more for ten florins than for +God.[307] Even more significant of the danger overhanging every man was +the case of Diego de Uceda, before the Toledo tribunal, in 1494, on the +very serious charges of having said that the Eucharist was only bread, +that so villanous a crew as the Jews could not have put Christ to death, +and that he ate meat on fast-days. He explained that, some six or eight +years before, at Fuensalida, a priest in celebrating found the wafer +broken and angrily cast it on the floor, ordering the sacristan to bring +him another; the people were scandalized and Diego sought to quiet them +by explaining that the wafer before consecration was only bread. The +next charge arose from a remark in a discussion on an exuberant sermon +on the Passion. As for the third, he proved that he was a devout +Catholic, punctual in all observance, with a special devotion to St. +Gregory, to whose intercession he attributed his relief from a chronic +trouble of stomach and liver, that had forced him at one time to eat +meat on fast-days. He lay in the secret prison for six months, with +sequestration of property, and was finally sentenced to compurgation, +which he performed with the Count of Fuensalida and two priests as his +compurgators, but had he not been a man of standing and influence he +might have been burnt as an impenitent heretic.[308] There was no +prescription of time for heresy, and trivial matters occurring years +before might thus at any moment be brought up, when they had faded from +the memory of all but those who had a grudge to satisfy. + +The ever-present danger impending over every man is well illustrated by +the case of Alvaro de Montalvan, a septuagenarian, in 1525. Returning to +Madrid, after a day's pleasure excursion in the country, Alonso Rúiz, a +priest, who was of the party, took occasion to moralize on the troubles +of life, in comparison with the prospects of future bliss. Alvaro (who +subsequently pleaded that he was in his cups) remarked that we know what +we have here but know nothing of the future. Some six months later, one +of the party, in his Easter confession, chanced to mention this, and was +instructed to denounce Alvaro. He was arrested and, on searching the +records, it was found that, nearly forty years before, in 1486, during a +term of grace, he had confessed to some Jewish observances without +intention, and was discharged without reconciliation or penance. On this +new charge he was made to confess intention and was sentenced, October +18, 1525, to reconciliation, confiscation and perpetual prison, the +latter being commuted, November 27, 1527, to confinement in his own +house.[309] + +[Sidenote: _TRIVIALITIES_] + +There was scarce anything, however innocently spoken, that might not be +tortured into a censurable sense and as, in so wide and vague a region, +no formal rules could be enunciated to restrain inquisitorial zeal, it +afforded ample opportunity for oppression and cruelty, especially before +the tribunals were thoroughly subordinated to the Suprema. The +occasional visitations by an inspector might reveal abuses but could +not prevent them. That of de Soto Salazar at Barcelona affords ample +evidence of the recklessness with which inquisitors exercised their +power. In 1564 we hear of a physician, Maestre Pla, prosecuted for +saying that his wife was so exhausted that she looked like a crucifix +dead with hunger. Juan Garaver, a swineherd, was forced to appear in an +auto with a mitre, followed by scourging, for saying that if he had +money and enough to eat, the devil might take his soul--which the +Suprema decided to belong to episcopal and not to inquisitorial +cognizance. It rebuked the tribunal sharply for relaxing Guillen +Berberia Guacho for a single proposition, without calling in learned men +to persuade and advise him, especially as one of the witnesses stated +that he uttered the words in French. Clemensa Paresa was fined ten +ducats and penanced for saying "You see me well enough off in this world +and you will not see me punished in the other," and Juana Seralvis, for +the same utterance was condemned to public penance. Badia, priest of +Falset, was fined twenty ducats, with spiritual penances, for saying +that he would not forgive God. Juan Canalvero was fined six ducats and +penanced for saying that he would cheat his father or God in buying or +selling. There were many other similar cases, in some of which the +Suprema ordered the fines to be returned and the names to be stricken +from the registers.[310] + +The very triviality of these cases illustrates the atmosphere of +suspense and distrust in which the Spanish population existed, nor can +their full import be realized unless we remember that, slight as the +penalties may seem, they were the least part of the punishment, for +penancing by the Inquisition was fatal to limpieza. How readily a man's +career could thus be ruined by rivals or enemies is seen in the case of +the Dominican Alonso de los Raelos in the Canaries. In 1568 some +assertions of his respecting purgatory attracted attention, but led to +no formal trial, because he did not deny its existence, and theologians +are not agreed as to its exact locality and character. Some years later, +there were feuds in the Order, due to an attempt to erect the Canaries +into a separate province, when the prior, Blas de Merino, who hoped to +become provincial, and who regarded Fray Alonso as a possible rival, +accused him to the tribunal for this proposition. He was thrown into +prison and, in 1572, was sentenced to penance and reclusion, thus +rendering him ineligible.[311] + +We have seen in the previous chapter the penalties regarded as +sufficient for the crime of seduction in the confessional, and a +comparison between these and the punishments inflicted for utterances in +the heat of discussion and indicative of no settled tendency to heresy, +reveal the very curious standard of ethics prevalent at the period. In +1571, a priest named Miguel Lidueña de Osorio was accused in Valencia of +having said that the bishops at the Council of Trent deserved to be +burnt, because they assumed to be popes, and moreover that St. Anne was +deserving of higher honor than St. Joaquin. For this he was required to +abjure _de vehementi_, he was suspended from orders, recluded for six +years and banished perpetually from Valencia.[312] It was not often that +flagrant cases of solicitation were visited with such severity. + +[Sidenote: _RULES OF PROCEDURE_] + +The infinite varieties and intangible nature of the offence rendered +impossible the formulation of hard and fast rules for the tribunals, +which were thus left to their discretion in a matter which was +constantly forming a larger portion of inquisitorial business. The space +devoted to it by Rojas, in his little book, indicates its growing +importance, and he tells us that he was led to treat it thus at length +because so many of the accused admit the facts, while denying belief and +intention, and he had seen such diametrically opposite modes of +treatment and punishment adopted in different tribunals. He is emphatic +in insisting on the allowance to be made for the ignorance and rusticity +of most of the culprits, and he points out that, in view of the +restrictions on the defence, the inquisitor should be especially careful +to give weight to whatever could be alleged in favor of the accused, +whether he were ignorant and rude, or learned and subtle. The manner and +occasion of the utterance ought to be carefully considered, as well as +the nativity of the speaker, if he comes from lands where heresy +flourishes. How much depended on the temper of the tribunal is exhibited +in a case in which a man, going to hear mass and finding that it was +over, said "faith alone suffices" and was prosecuted for the remark. +Rojas decided that he was not to be held as asserting that faith without +works suffices, which would be heretical, for doubtful words are to be +interpreted according to circumstances, but a more zealous or less +conscientious inquisitor could readily have convicted him. For ordinary +cases, he tells us, the accused should rarely be confined in the secret +prison; the abjuration may be _de levi_ or _de vehementi_ according to +circumstances, and the extraordinary punishment should be scourging or +fines.[313] + +As the Suprema gradually assumed control over the tribunals, there grew +up certain more or less recognized rules of procedure. Thus, if there +was evidence of heretical utterances, and the accused confessed them but +denied intention, he was to be tortured; if this brought confession of +intention, he was to be reconciled with confiscation in a public auto as +a formal heretic; if he overcame the torture he had to abjure _de +vehementi_ in an auto, with scourging, vergüenza, exile etc., according +to his station and the character of the propositions. This, we are told, +was merciful, for the common opinion of the doctors was that, if the +propositions were formally heretical, the offender should be relaxed, in +spite of his denying intention. Mercy was carried even further for, if +ignorance was alleged with probable justification, the accused was not +tortured nor condemned as a heretic, but abjured _de levi_, with +discretional penalties. There was moreover, as we have seen, a vast +range of propositions in which heresy was only inferential, +characterized as scandalous, offensive to pious ears etc., for which +abjuration _de levi_ was considered sufficient, with spiritual +penances.[314] + +In this enumeration of penalties there is no allusion to fines, which, +however, were by no means neglected. In 1579, for instance, the +Bachiller Montesinos, in defending an adultress, put in an argument of +cynical ingenuity to prove that she had committed no sin. This was +transmitted to the Toledo tribunal, whose calificadores found in it four +heretical propositions besides a citation from St. Paul amounting to +heretical blasphemy. Montesinos threw himself on the mercy of the +tribunal, wept and wrung his hands, protested that he must have been out +of his senses, owing to old age, and offered every excuse that he could +suggest. He escaped with abjuration _de levi_, six months' suspension +from his functions as an advocate, and a fine of eight thousand +maravedís. Many similar cases could be cited from the Toledo record, but +two more will suffice. In 1582, the Bachiller Pablo Hernández denounced +himself for having, in the heat of discussion, been led on to say that +in canonizations the pope had to rely upon witnesses who might be false +and therefore it was not necessary to believe that all so canonized were +saints. He was sentenced to abjure _de levi_, to pay six thousand +maravedís, and to have his sentence read in his parish church while he +heard mass. From this he appealed to the Suprema, which remitted the +humiliation in church, but thriftily increased the fine to twenty +thousand maravedís. In 1604 the tribunal had a richer prize, in an old +German named Giraldo Paris, a resident of Madrid who seems to have been +a dabbler in alchemy. He was accused of saying that the Old Testament +was a fable, that St. Job was an alchemist, the Christian faith was a +matter of opinion and much more of the same kind. The evidence must have +been flimsy for, serious as were these charges, there was _discordia_ on +the question of arresting him, and it required an order from the Suprema +before he was confined in the secret prison. He gradually confessed the +truth of the charges, but was not sentenced to reconciliation, escaping +with absolution _de vehementi_, a year's reclusion in a monastery, the +surrender of all books and papers dealing with alchemy and +quintessences, and a fine of three thousand ducats. The general +impression produced by a group of these cases is that scourging was +reserved for those too poor to pay a moderate fine, and that fines were +scaled rather upon the ability of the culprit than on the degree of his +guilt.[315] In determining penalties, however, it was advised that +considerable weight in extenuation should be allowed for drunkenness, +and for the readiness and frankness of the culprit in confessing, as +well as for his ignorance or simplicity.[316] + + * * * * * + +[Sidenote: _MARRIAGE BETTER THAN CELIBACY_] + +There were two special propositions, which were so widely held and came +so repeatedly before the tribunals that they almost form a special +class. One of these was the assertion that the married state is as good +as or better than that of celibacy as prescribed for clerics and +religious. That this was plainly heretical could not be doubted after +the anathema of the Council of Trent in 1563, and its prevalence is a +noteworthy fact.[317] In the Toledo record, from 1575 to 1610, there +are thirty cases of this: in strictness, as the assertion of a doctrine +contrary to the teachings of the Church, and condemned as heretical, it +should have been visited with reconciliation, or at least with +abjuration _de vehementi_ and heavy penalties, but, as the heresy was +one of Tridentine definition and a novelty, it was mercifully treated +with abjuration _de levi_ and usually with a moderate fine or vergüenza, +or even with less. Extreme leniency was shown to Sebastian Vallejo, in +1581, who had declared that if he had a hundred daughters he would not +make nuns of them, in view of the licentiousness of the frailes, for +those in the convents were as lecherous as those outside; no parent +should put his children in religion until they were of full age and, as +to marriage, he advanced the customary argument that it was established +by God, while monachism was the work of the saints. He came to denounce +himself and pleaded drunkenness in extenuation, which probably explains +his escape with a reprimand. Soon after this María de Orduña was treated +with equal mercy, on denouncing herself for the same offence, the reason +alleged being that she was a very simple-minded woman.[318] As the +offence was thus lightly regarded, it follows that torture was not +permitted in the prosecution.[319] The error was difficult of +eradication. In 1623 a writer calls attention to the number of cases +still coming before the tribunals, and suggests for its repression that +the sentences be read in the churches of the offenders, so that a +knowledge of the erroneous character of the assertion should be +disseminated.[320] Some twenty years later it still was sufficiently +frequent to be treated as a separate class, though we are told that it +was visited with less severity than of old, as it presumably arose from +ignorance and was not to be considered as a heresy.[321] This is +remarkable in view of the ease with which it might have been regarded as +Lutheran. + +A still more frequent proposition, which gave much trouble to eradicate, +was that fornication between unmarried folk is not a mortal sin. +Although the theologians held that this assertion in itself was a mortal +sin,[322] there was really in it nothing that savored of heresy, and its +cognizance by the Inquisition was an arbitrary extension of +jurisdiction without justification. Perhaps there was some confused +conception that it was derived from the Moors whose sexual laxity was +well known, but the usual argument offered in its defence, by those who +entertained it, was the toleration by the State of public women and of +brothels, whence the inference was natural that it could not be a mortal +sin. + +[Sidenote: _FORNICATION NOT SINFUL_] + +It seems to have been between 1550 and 1560 that the Inquisition +commenced its efforts to suppress this popular error. The earliest +record of its action that I have met occurs in the great Seville auto of +September 24, 1559, where there were no less than twelve cases, of whom +eight abjured _de levi_, one _de vehementi_, six were paraded in +vergüenza, four were scourged with a hundred lashes (of whom one was a +woman) and two heard mass as penitents.[323] The requirement of +abjuration shows that suspicion of heresy was already attributed to the +proposition, but this as yet was not universally accepted for, in 1561, +the Suprema wrote to the tribunal of Calahorra that Pedro Cestero, whom +it had penanced for this offence, ought to have been prosecuted as a +heretic, for it would seem to be heresy.[324] Thus heresy was injected +into it and we speedily find it to be a leading source of business in +the Castilian tribunals. Seville was notably active. In the auto of +October 28, 1562, there were nineteen cases.[325] In that of May 13, +1565, out of seventy-five penitents, twenty-five were for this +proposition. The punishments were severe. All abjured _de levi_ and +appeared in their shirts with halter and candle; all but one were +gagged; fourteen were scourged with an aggregate of nineteen hundred +lashes; five were paraded in vergüenza, two were fined in two hundred +ducats apiece, and two others in a thousand maravedís each; six were +exiled and one was forbidden to leave Seville without permission. +Besides these there was one man who had a hundred lashes for saying that +there was no sin in keeping a mistress, and three women were penanced +for saying the same of living in concubinage, of whom two had a hundred +lashes apiece and the third was paraded in vergüenza. Two men appeared +for saying that keeping a mistress was better than marriage, of whom one +had the infliction of the gag. To these we may add two who held that +marriage was better than the celibacy of the frailes, and we have a +total of thirty-three cases, or nearly one-half of all in the auto, for +errors concerning the relations of the sexes.[326] + +Active as was this work it did not satisfy the Suprema which, in a carta +acordada of November 23, 1573, speaks of the prevalence of the offence +as indicated in the reports of autos, and the little progress thus far +made in its suppression; greater vigor was therefore ordered and, in +future, all delinquents were to be prosecuted as heretics. This was +followed by another, October 2, 1574, ordering the proposition to be +included in the Edict of Faith, and yet another December 2^{d}, of the +same year, repeating the complaint of its frequency and the little +improvement accomplished. It was apparently an error of ignorance and, +to remedy this, a special edict was ordered to be published everywhere, +declaring it to be a heresy condemned by the Church, and that all +uttering and believing it would be punished as heretics; all preachers +moreover were to be instructed to warn and admonish the people from the +pulpits.[327] + +All this was wholesome, and yet it is difficult to understand this +ardent zeal for the morals of the laity, when compared with the +slackness as to solicitation. Be this as it may, the activity of the +tribunals under this stimulus was rewarded with an abundant harvest of +culprits. We chance to hear of eight cases in the auto of 1579 at +Llerena and of five at Cuenca in 1585.[328] A more effective showing is +that of the Toledo record from 1575 to 1610, in which the number of +cases is two hundred and sixty-four--by far the largest aggregate of any +one offence, the Judaizers only amounting to a hundred and seventy-four +and the Moriscos to a hundred and ninety.[329] These statistics +comprehend only the tribunals of the crown of Castile; those at hand for +the kingdoms of Aragon are scanty but, from such as are accessible, it +would appear probable either that there was less energy or a much +smaller number of culprits. The only cases that I have happened to meet +are two in a Saragossa auto of June 6, 1585, while, in a Valencia list +for the five years 1598-1602, comprising in all three hundred and +ninety-two cases, there are but four of this offence and not a single +one in the reports for the three years 1604-6.[330] + +Notwithstanding the characterization of the offence as heresy, torture +was not to be employed in the trial, although confinement in the secret +prison and sequestration were permitted.[331] The energy and severity +with which it was prosecuted virtually suppressed it in time. In 1623 a +writer speaks of it as less common than formerly and, in a list of the +cases tried at Toledo, commencing in 1648, the first one of this offence +occurs in 1650, the next in 1665 and the third in 1693. Thenceforth it +may be said practically to disappear from the tribunals, although as +late as 1792, Don Ambrosio Pérez, beneficed priest of Candamas was tried +for it in Saragossa and in 1818 there was a case in Valencia.[332] Thus +the Inquisition succeeded in suppressing the expression of the opinion +though, as it took no action against the sin, its influence on the side +of morality was inappreciable. + + * * * * * + +[Sidenote: _INTELLECTUAL REPRESSION_] + +A reference to the cases of propositions tried by the Toledo tribunal +between 1575 and 1610 (see Vol. II, p. 552) will indicate the very +miscellaneous character of the utterances for which its interposition +was invoked. These involved culprits of all classes of society and as, +for the most part, they concerned theological questions of more or less +obscurity, this method of enforcing purity of faith frequently brought +under animadversion the foremost intellects of Spain and rendered the +Inquisition the instrument through which rivals or enemies could mar the +careers of those in whom lay the only hope of intellectual progress and +development. What between its censorship and the minute supervision, +which exposed to prosecution every thought or expression in which +theological malevolence could detect lurking tendencies to error, the +Spanish thinker found his path beset with danger. Safety lay only in the +well-beaten track of accepted conventionality and, while Europe, in the +seventeenth and eighteenth centuries, was passing through a period of +evolution, Spanish intellect became atrophied. The splendid promise of +the sixteenth century was blasted by the steady repression of all +originality and progress, and Spain, from the foremost of the nations, +became the last. + +The minuteness of the captious criticism which exposed the most eminent +men to the horrors of inquisitorial prosecution can best be understood +by two or three cases. Of these perhaps the most notable is that of the +Augustinian Fray Luis de Leon, who was not only one of the most eminent +theologians of his day, and who was unsurpassed as a preacher, but who +ranks as a Castilian classic in both prose and poetry.[333] It is so +suggestive of inquisitorial procedure in such matters that it is worthy +of examination in some detail. + +To a brilliant intellect Luis de Leon united a personal activity which +led him to take a prominent part in the feverish life of the schools, +not only in disputations but in the frequent rivalries and competitions, +through which professorial vacancies were filled, for in Salamanca the +professors were elected for terms of four years by the students of the +faculty to which the chair belonged, after a disputation between the +candidates. In these he had abundant opportunities of making enemies +for, at the age of 34, he had been elected to the chair of Thomas +Aquinas, from which he passed to that of Durandus. These opportunities +he largely improved, if we may trust his characterizations of the +numerous opponents whom he sought to disable as witnesses in the course +of his trial. Even in his own Order he had enemies, owing to his active +and influential participation in its internal politics. + +Theological disputes are rarely wanting in rancor, no matter how minute +may be the points at issue. In Salamanca, not only were there frequent +disputations but, as the leading school of theology, questions were +frequently submitted to it by the Suprema on which conferences and +congregations were held, leading to interminable wrangles. Azpilcueta +tells us that this disputatious mania led the participants to uphold +what was false, for the purpose of exhibiting their dexterity, not only +misleading their auditors but often blinding themselves to the truth, +and Luis de Leon himself says that the warmth of debate sometimes +carried them beyond the bounds of reason, and so confused them that they +could scarce recall what they themselves had said. One of his witnesses, +Fray Juan de Guevara, corroborates this with the remark that Maestro +Leon de Castro (Luis de Leon's chief accuser) sometimes might not +understand what was said, but this happened to all theologians when +heated in the disputations.[334] + +A fairer field for inquisitorial intervention could scarce be devised +and, from one point of view, its restraint of this dialectic ardor might +not be amiss, but its influence on intellectual development was +deplorable, when it made every man feel that he stood on the brink of an +abyss into which, at any moment, he might be precipitated. Nor was such +dread uncalled for; while Luis de Leon was on trial, three other +Salamanca professors were in the same predicament--Antonio Gudiel, +Gaspar de Grajal and Martin Martínez, while yet another, Dr. Barrientos, +was released just prior to the arrest of Luis. Denunciation was an easy +recourse for a defeated disputant; an incautious utterance in heated +debate, imperfectly understood, or distorted in remembrance, furnished +the means. Even lectures in the ordinary courses contributed their +share, when zealous students disagreed with their teachers or made +mistakes in their hasty notes. + +[Sidenote: _LUIS DE LEON_] + +The two prime movers in the prosecution of Fray Luis were Leon de Castro +and Bartolomé de Medina. De Castro was an elderly man, a _jubilado_ +professor of Grammar, who had frequent wordy encounters with Fray Luis, +usually to his discomfiture. + +He had based great hopes on a Commentary on Isaiah, the publication of +which was delayed by the Suprema requiring him to submit it to +examination; he had to spend some months at the court before he could +obtain permission for its sale, and then it proved a failure, entailing +on him a loss of a thousand ducats--all of which he attributed to Fray +Luis, who happened at the time to be in Madrid. Bartolomé de Medina was +a younger man, ambitiously working his way upward, and meeting several +rebuffs from Fray Luis, which accentuated the traditional hostility +between the Dominicans and Augustinians, to which they respectively +belonged. They were habitually opposed in the disputations, but it seems +somewhat eccentric to find Medina accusing Luis and his friends Grajal +and Martínez of introducing novelties and innovations, seeing that his +own reputation is chiefly based on his invention of the greatest novelty +of the period--the Probabilism which revolutionized the ethical teaching +of the Church and gave rise to the new science of Moral Theology.[335] + +It was not difficult for these enmities to find means of gratification. +Robert Stephen's edition of the Latin Bible, with the notes of François +Vatable, had involved that printer in endless disputes with the +Sorbonne, which accused him of having hereticated the comments of the +thoroughly orthodox editor. In 1555, the University of Salamanca +undertook its correction, but the result did not satisfy the +sensitiveness of Spanish theology, and the edition was forbidden in the +Index of 1559. Yet the work was wanted in Spain and, at command of the +Suprema, in 1569, the university undertook the task anew. Numerous +congregations were held, in which every point was hotly disputed. +Medina, who had not yet attained his master's degree, took no part in +the meetings, but Leon de Castro and Fray Luis had many passages at +arms. De Castro accused him of scant respect for the Vulgate text of the +Bible, and of preferring the authority of the Hebrew and Greek +originals. He stigmatized Luis, who was of converso descent, of being a +Jew and a Judaizer and, on one occasion, declared that he ought to be +burnt. In truth the question of the Vulgate was one of importance. The +new heresies were largely based on the assumption of its imperfection, +and sought to prove this by reference to the originals. Scholastic +theology rested on the Vulgate and, in self-defence, the Council of +Trent, in 1546, had declared that it was to be received as authentic in +all public lectures, disputations, preaching and expositions, and that +no one should dare to reject it under any pretext.[336] Yet it was +notorious that, in the course of ages, the text had become corrupt; the +Tridentine fathers included in their decree a demand for a perfected +edition, but the labor was great and was not concluded until 1592, when +the Clementine text was issued, with thousands of emendations. Meanwhile +to question its accuracy was to venture on dangerous ground and to +invite the interposition of the Inquisition. As one of the +calificadores, during Fray Luis's trial, asserted "Catholic doctors +affirm that now the Hebrew and Greek are to be emended by the Vulgate, +as the purer and more truthful text. To emend the Vulgate by the Hebrew +and Greek is exactly what the heretics seek to do. It is to destroy the +means of confuting them and to give them the opportunity of free +interpretation."[337] Fray Luis not only did this in debate but, in a +lecture on the subject four years before, he had maintained the accuracy +of the Hebrew text, contending that St. Jerome the translator was not +inspired, nor were the words dictated by the Holy Ghost, and moreover +that the Tridentine decree in no way affirmed such verbal +inspiration.[338] + +On another point he was also vulnerable. Ten or eleven years previously, +at the request of Doña Isabel de Osorio, a nun in the convent of Santo +Spirito, he had made a Castilian version of the Song of Solomon, with an +exposition. This he had reclaimed from her but, during an absence, Fray +Diego de Leon, who was in charge of his cell, found it and made a copy, +which was largely transcribed and circulated. At a time when vernacular +versions were so rigidly proscribed this was, at the least, a hazardous +proceeding and Bartolomé de Medina heightened the indiscretion by +charging that, in his exposition, he represented the work as an amatory +dialogue between the daughter of Pharaoh and Solomon. + +[Sidenote: _LUIS DE LEON_] + +In December 1571, de Castro and Medina presented formal denunciations of +Fray Luis, Grajal and Martínez, to the Salamanca commissioner of the +Valladolid tribunal, charging them with denying the authority of the +Vulgate and preferring the interpretations of the rabbis to those of the +fathers, while the circulation of Canticles in the vernacular was not +forgotten. Other accusers, including students, joined in the attack, +making thirteen in all, with a formidable body of denunciations. Grajal +was soon afterwards arrested and Fray Luis, warned of the impending +danger, presented himself, March 6, 1572, to Diego González, the former +inquisitor of Carranza, then on a visitation at Salamanca, with a copy +of his lecture on the Vulgate and the propositions drawn from it, and +also his work on Canticles. He asked to have them examined and professed +entire submission to the Church, with readiness to withdraw or revoke +anything that might be found in the slightest degree objectionable.[339] + +In any other land, this would have sufficed. The inculpated works would +have been expurgated or forbidden, if necessary. Luis would have +retracted any expressions regarded as erroneous, and the matter would +have ended without damage to the faith. Under the Inquisition, however, +the utterance of objectionable propositions was a crime to be punished, +and the submission of the criminal only saved him from the penalties of +pertinacious heresy. On March 26th the warrant for the arrest of Fray +Luis was issued and, on the 27th he was receipted for by the alcaide of +the secret prison of Valladolid. He was treated with unusual +consideration, in view of his infirmities and delicate health for, on +his petition, he was allowed a scourge, a pointless knife to cut his +food, a candle and snuffers and some books.[340] The trial proceeded at +first with unusual speed. By May 15th the fiscal presented the formal +accusation, in which Fray Luis was charged with asserting that the +Vulgate contained many falsities and that a better version could be +made; with decrying the Septuagint and preferring Vatable and rabbis and +Jews to the saints as expositors of Scripture; with stating that the +Council of Trent had not made the Vulgate a matter of faith and that, in +the Old Testament, there was no promise of eternal life; with approving +a doctrine that inferred justification by faith, and that mere mortal +sin destroyed faith; with circulating an exposition of Canticles +explaining them as a love-poem from Solomon to his wife--all of which +was legitimately based on the miscellaneous evidence of the adverse +witnesses.[341] This, as required, Fray Luis answered on the spot, +article by article, attributing the charges to the malice of his +enemies, denying some and explaining others clearly and frankly. + +It was a special favor that he was at once provided with counsel and +allowed to arrange his defence--a favor which brought upon the tribunal +a rebuke from the Suprema, January 13, 1573, as contrary to the +_estilo_, which must be followed, no matter what might be the +supplications of the accused. Fray Luis identified many of the +witnesses--out of nineteen he recognized eight--and he drew up six +series of interrogatories, mostly designed to prove his allegations of +mortal enmity. Of these the inquisitors threw out three as "impertinent" +and the answers to the others were, to a considerable extent, +unsatisfactory, as was almost inevitable under a system which made the +accused grope blindly in seeking evidence. As time wore on in this +necessarily dilatory business, Fray Luis grew impatient at the +stagnation which seemed to preclude all progress, not being aware that +in reality it had been expedited irregularly.[342] + +It would be wearisome to follow in detail the proceedings which dragged +their slow length along. Additional witnesses came forward, whose +depositions had to go through the usual formalities; Fray Luis presented +numberless papers as points occurred to him; he defended himself +brilliantly and, through the course of the trial there were few of the +customary prolonged intervals, for his nervous impatience kept him +constantly plying the tribunal with arguments and appeals which it +received with its habitual impassiveness. At length, after two years, +early in March, 1574, it decided that there was no ground for suspicion +against him in the thirty articles drawn from the testimony of the +witnesses, while he could not be prosecuted criminally on the seventeen +propositions extracted from his lecture on the Vulgate, seeing that he +had spontaneously presented them and submitted himself to the Church. +The fiscal, however, appealed from this to the Suprema and his appeal +must have been successful, for the trial took a fresh start.[343] + +[Sidenote: _LUIS DE LEON_] + +After some intermediate proceedings, Fray Luis, on April 1st was told to +select _patrones theólogos_ to assist in his defence. He at once named +Dr. Sebastian Pérez, professor in the royal college which Philip II had +founded at Párraces, in connection with San Lorenzo del Escorial, and +two days later he added other names. + +In place of accepting them the tribunal endeavored to compel him to take +men of whom he knew nothing and who, in reality, were the calificadores +who had already condemned his propositions. The struggle continued +until, on August 3d, the Suprema wrote that he could have Pérez, but his +limpieza must first be proved and Philip's consent to his absence be +obtained. We have seen how prolonged, costly and anxious were +investigations into limpieza and, as Fray Luis remarked, this was to +grant and to refuse in the same breath. At last, after endless +discussions, in October he despairingly accepted Dr. Mancio, a Dominican +and a leading professor of theology at Salamanca. Mancio came in +October, again towards the end of December, and finally on March 30, +1575, while Fray Luis meanwhile was eating his heart in despair. At +length, on April 7th Mancio approved of Fray Luis's defence, declaring +that he had satisfied all the articles, both the series of seventeen and +that of thirty, which had been proved against him or which he had +admitted having uttered.[344] + +If Fray Luis imagined that this twelve months' work to which such +importance had been attributed, had improved his prospects, he was +speedily undeceived. We hear nothing more of Dr. Mancio or of his +approval. The propositions, with the defence, were submitted again to +three calificadores (men who had been urged upon him as patrones) and it +illustrates the uncertainties of theology and the hair-splitting +subtilties in which the doctors delighted, that not only were the +original seventeen articles declared to be heretical for the most part, +but five new ones, quite as bad, were discovered in the defence which +had elicited Dr. Mancio's approval, and these five thenceforth formed a +third category of errors figuring in the proceedings.[345] It is not +easy for us to comprehend the religious conceptions which placed men's +lives and liberties and reputation at the hazard of dialectics in which +the most orthodox theologians were at variance. + +When Fray Luis was informed that five new heretical propositions had +sprouted from the hydra-heads of the old ones, he was dismayed. Sick and +exhausted, the prospects of ultimate release from his interminable trial +seemed to grow more and more remote. Arguments and discussions continued +and were protracted. New calificadores were called in, who debated and +opined and presented written conclusions on all three series of +propositions. It would be useless to follow in detail these scholastic +exercises, of which the chief interest is to show how, in these +infinitesimal points, one set of theologians could differ from another +and how completely the enmity of the two chief witnesses, Leon de Castro +and Bartolomé de Medina, was ignored. Thus wore away the rest of the +year 1575 and the first half of 1576. There was no reason why the case +might not be continued indefinitely on the same lines, but the +inquisitors seem to have felt at last that an end must be reached, and a +consulta de fe was finally held, in which Dr. Frechilla, one of the +calificadores who had condemned the propositions, represented the +episcopal Ordinary.[346] + +The case illustrates one incident of these protracted trials. During its +course it had been heard by seven inquisitors, of whom Guijano de +Mercado was the only one who served from the commencement to the end, +and his colleague in the consulta, Andrés de Alava, had appeared in it +only in November, 1575, and had not been present in any audiences after +December. There was, moreover, an unusual feature in the presence of a +member of the Suprema, Francisco de Menchaca, indicating perhaps that +the case was regarded as one of more than ordinary importance. There +were five consultors, Luis Tello Maldonado, Pedro de Castro, Francisco +Albornoz, Juan de Ibarra and Hernando Niño, but the two latter fell +sick, when the examination of the voluminous testimony was half +completed, and took no further part in the proceedings. + +[Sidenote: _LUIS DE LEON_] + +On the final decision, September 18, 1576, Menchaca, Alava, Tello and +Albornoz voted for torture on the intention, including the propositions +which the theologians had declared that Fray Luis had satisfied, after +which another consulta should be held. They humanely added that it +should be moderate in view of the debility of the accused. Those better +acquainted with the case, Guijano and Frechilla, were more lenient. They +voted for a reprimand, after which, in a general assembly of professors +and students, Fray Luis should read a declaration, drawn up by the +calificadores, pronouncing the propositions to be ambiguous, suspicious +and likely to cause scandal. Moreover his Augustinian superior was to be +told, extra-judicially, to order him privately to employ his studies in +other directions and to abstain from teaching in the schools. The +vernacular version of Canticles was to be suppressed, if the +inquisitor-general and Suprema saw fit.[347] Comparatively mild as this +sentence might seem, it gratified to the full the vindictiveness of his +enemies--it humiliated him utterly and destroyed his career. + +As there was discordia the case necessarily reverted to the Suprema, +which seems to have recognized that both votes assumed the nullity of +the laborious trifling, by which the calificadores had found dangerous +heresies in his acknowledged propositions. Discussion must have been +prolonged however, for the final sentence was not rendered until +December 7th. This fully acquitted Fray Luis of all the charges, but +ordered a reprimand in the audience-chamber and a warning to treat such +matters in future with great circumspection, so that no scandal or +errors should arise. The Suprema could scarce say less, if the whole +dismal farce, of nearly five years, was not to be admitted as wholly +unjustifiable, and it enclosed the sentence in a letter instructing the +tribunal to order Fray Luis to preserve profound silence and to avoid +dissension with those whom he suspected of testifying against him. It +was probably on December 15th that the sentence was read and the +reprimand administered. Fray Luis took the necessary oaths, he made the +promises required, and was discharged as innocent after an +incarceration, _incomunicado_, which had lasted for four years, eight +months and nineteen days. His requests were granted for a certificate +_de no obstancia_ and for an order on the paymaster of the schools to +pay him his professorial salary from the date of his arrest to the +expiration of his quadrennial term.[348] + +During this prolonged imprisonment, Fray Luis seems to have been treated +with unusual consideration. He was allowed to send for all the books +needed for his defence and for study--even for recreation, for we find +him, July 6, 1575, asking for the prose works of Bembo, for a Pindar in +Greek and Latin and for a copy of Sophocles.[349] He relieved the +distractions of his defence and the anxieties of his position by the +composition of his _De los Nombres de Christo_, which has remained a +classic. Yet these were but slender alleviations of the hardships and +despairing tedium of his prison cell. On March 12, 1575, he is begging +for the sacraments; though he is no heretic, he says, he has been +deprived of them for three years. This petition was forwarded to the +Suprema, which replied by drily telling the tribunal to complete the +cases of Fray Luis, Grajal and Martínez as soon as opportunity would +permit.[350] At an audience of August 20th, of the same year, when +remanded to his cell, he paused to represent that, as the inquisitors +well knew, he was very sick with fever; there was no one in his cell to +take care of him, save a fellow-prisoner, a young boy who was simple; +one day he fainted through hunger, as there was no one to give him food, +and he asked whether a fraile of his Order could be admitted to assist +him and to aid him to die, unless they wished him to die alone in his +cell. This was not refused but, as the condition was imposed that the +companion should as usual share his imprisonment to the end, the request +was in vain. Then, on September 12th, in his reply to the five +propositions suddenly sprung upon him, he feelingly referred to the +years of prison and the sufferings caused by the absence of comforts in +his weakness and sickness, as a torture long and cruel enough to purge +all suspicions.[351] Even more pitiful was a petition to the Suprema in +November of the same year--"I supplicate your most illustrious body, by +Jesus Christ, on my giving ample security, to order me to be placed in +one of the convents of this city, even in that of San Pablo (Dominican), +in any way that it may please you, until sentence is rendered, so that +if, during this time, God should call me, which I greatly fear, in view +of my much trouble and feeble health, I may die as a Christian among +religious persons, aided by their prayers and receiving the sacraments, +and not as an infidel, alone in prison with a Moor at my bed-side. And +since the rancor of my enemies and my own sins have deprived me of all +that is desirable in life, may the Christian piety of your most +illustrious body give me this consolation in death, for I ask nothing +more."[352] It is perhaps needless to say that this touching appeal did +not even receive an answer. + +[Sidenote: _LUIS DE LEON_] + +After the term of his professorship had expired, about March 1, 1573, +his special enemy, Bartolomé de Medina, was elected in his place and was +promoted, in August 1576, to the leading chair in theology, while Fray +García del Castillo succeeded to that of Durandus. On Fray Luis's +return, he was warmly and honorably received in an assembly of the +Senate, convoked for the purpose, where the Commissioner of the +Inquisition declared that the Holy Office had ordered his restoration +to honor and to his professorship. Luis however refused to disturb +Castillo and, in January 1577, an extraordinary chair on the Scriptures +was created for him. The next year, on the chair of moral philosophy +falling vacant, he obtained it and subsequently he became regular +professor of Scripture--one of the highest positions in the University. +His colleague Grajal had been less fortunate, having perished in prison +before the termination of his trial.[353] + +Fray Luis's mental vigor was unimpaired, although his delicate frame +never wholly recovered from the effects of his long imprisonment. Such +an experience of the dangers attendant on the discussions of the schools +might seem sufficient to dampen his disputatious ardor, but in a +theology, which sought to reduce to hard and fast lines all the secrets +of the unknown spiritual world, there was risk of heresy in every +speculation. In an _acto_ of the University, held January 20, 1582, the +debate widened into a discussion upon predestination and free-will, in +which Fray Luis and Fray Domingo de Guzman were bitterly opposed to each +other. It was continued in another theological Act the next week; the +students became excited and called upon Father Bañez to repress these +novelties, which he did in a lecture declaring that the views of Fray +Luis savored of Pelagianism. The latter was angered and the next day, in +an assembly of all the faculties, the question under debate was: If God +confers equal and sufficing grace on two men, nothing else interfering, +can one be converted and the other reject the aid? The discussion +between Fray Luis and Bañez was hot, and the excitement increased. Then +on January 27th there was another assembly which wrangled over the +intricate questions involved in prevenient aid and human +coöperation.[354] + +This was the commencement of the long debate _De Auxiliis_, between +Jesuits and Dominicans, which lasted for a century, until both sides +were silenced by the Holy See, without either being able to claim the +victory. Fray Luis had excited many enmities--though not as many as he +was in the habit of claiming--and the occasion was favorable for +striking at him and at those whom he supported. Fray Juan de Santa Cruz +drew up an account of the discussions, with a censure of the erroneous +and heretical propositions defended; it was not a personal denunciation +of any one, but he declared that the agitation and disquiet of the +schools demanded a settlement by the Inquisition. This he presented, +February 5th, at Valladolid, to the inquisitor, Juan de Arrese and, from +the marginal notes, it appears that, besides Fray Luis, two Jesuits and +a Benedictine were marked for prosecution. In March, Inquisitor Arrese +came to Salamanca on a mission to suppress astrology and took the +opportunity to gather testimony on the scholastic quarrel. Various +witnesses, some of them Augustinians, came forward spontaneously with +evidence, and the Mercenarian, Francisco Zumel presented a series of +propositions, purporting to be drawn from a lecture by Fray Luis on +predestination, of which the worst was that Christ on the cross was +destitute of God and was provoked to sin. Zumel was a bitter enemy of +Luis, who had defeated him, four years before, in competition for the +chair of moral philosophy; both had their partizans and their quarrels +were the cause of much trouble.[355] + +[Sidenote: _LUIS DE LEON_] + +Fray Luis's experience of the Inquisition naturally led him to seek +exculpation. Three times he appeared voluntarily before Arrese and made +verbal and written statements, in which he rendered an account of his +share in the debates. He admitted that he had defended a position +opposite to what he had previously taught, which was not without a +certain temerity, as differing from the ordinary language of the +schools, and not proper for public debate, as it was delicate, difficult +of comprehension and liable to lead the hearers into error. He protested +that he had not intended to offend Catholic doctrine and, if he had said +anything inconsiderately, he submitted it to the censure and correction +of the holy tribunal. He also laid much stress on the notorious hatred +of the Dominicans towards him, and the manner in which they lost no +opportunity of decrying his doctrine, his person and his morals.[356] + +Inquisitor Arrese returned to Valladolid with the evidence, after which +there was pause before the case of Fray Luis was taken up. There would +seem to have been some hesitation concerning it, for the Suprema took +the unusual step of summoning him before it, from which he excused +himself on the plea of illness and forwarded a physician's certificate +in justification. The next document in the case is a letter of August +3d, from the Suprema to the tribunal, calling for the papers in the +cases of the Salamanca theologians, with its opinion concerning them. In +its reply the tribunal said that Fray Luis had confessed to everything +testified against him, submitting himself to correction, and conceding +that what he had said was not devoid of temerity; he had evidently +spoken with passion and after the debate had begged pardon of Domingo de +Guzman for telling him that what he advocated was Lutheran heresy. In +view of all this the tribunal proposed to call him before it and examine +him when, if nothing further resulted, he should be gravely reprimanded +and, as the school of Salamanca was gravely excited and, as some +Augustinians were boasting that his utterances had been accepted by the +tribunal as true, he should be required publicly to read in his chair a +declaration drawn up for him censuring the propositions, and also to +declare that he had spoken wrongly when he had characterized the +opposite as heresy.[357] + +This would have been a profound humiliation for the proud and +domineering theologian, but again Quiroga seems to have interposed to +save him. There is a blank in the records for eighteen months, +explicable by the affair being in the hands of the Suprema. What +occurred during the interval is unknown, but the outcome appears in the +final act of the trial, February 3, 1584, at Toledo. There Fray Luis +stood before Inquisitor-general Quiroga who reprimanded and admonished +him charitably not in future to defend, publicly or privately, the +propositions which he had admitted were not devoid of temerity, adding a +warning that otherwise he would be prosecuted with all the rigor of the +law, to all of which Fray Luis promised obedience.[358] That he had in +no way lost the respect of his fellows is seen in his election to the +Provincialate of the Augustinian Order, in 1591, shortly before his +death. + +In addition to their exhibiting the attitude of the Inquisition towards +the most distinguished intellects of the period, these two trials of +Fray Luis illustrate its arbitrary methods, operating as it did in +secret. His fault, if fault there was, was the same in both cases--the +enunciation of opinions on which the most learned doctors differed. In +both cases he denounced himself, freely confessed what he had spoken or +written, and submitted himself unreservedly to the judgement of the +church. In the first case he was arrested; he endured nearly five years +of incarceration and only escaped torture or the ruin of his career +through the kindly interposition of Quiroga. In the second, there was no +arrest, the case was decided on the _sumaria_, or suspended, and +although Quiroga probably again intervened, it was only to save the +accused from a humiliation which would have gratified malevolence. +Judged by its own standard, the Inquisition abused its powers--either, +in one case, by unpardonable severity or in the other by excessive +moderation, but it was responsible to no one and had no public opinion +to dread. + + * * * * * + +[Sidenote: _FRANCISCO SANCHEZ_] + +Just as the case of Fray Luis was ending, prosecution was commenced +against another Salamanca professor, of equal or even greater +distinction. As a man of pure letters, no one at the time was the peer +of Francisco Sánchez, known as el Brocense, from his birth-place, las +Brozas. Vainglorious, quarrelsome, caustic and reckless of speech, he +made numerous enemies, but probably he would have escaped the +Inquisition had he confined himself to his chair of grammar and +rhetoric. He delighted however in paradoxes, and he held himself so +immeasurably superior to the theologians, and was so confident in the +accuracy of his own varied learning, that he could not restrain himself +from ridiculing their pretensions, from exposing the errors of pious +legends and denouncing some of the grosser popular superstitions, thus +rendering himself liable to inquisitorial animadversion, whenever malice +or zeal might call the attention of the tribunal to his eccentricities. +He flattered himself that he did not meddle with articles of faith, but +he failed to realize how elastic were the boundaries of faith, and that, +in attacking vulgar errors, he might be regarded as undermining the +foundations of the Church. Scandal was a convenient word which bridged +over the line between the profane and the sacred.[359] + +His habitual intemperance of speech was stimulated by a custom in the +Salamanca lecture-rooms of students handing up questions for the +lecturer to answer, and it would appear that malicious pleasure was felt +in thus provoking him to exhibit his well-known idiosyncrasies. It was +an occasion of this kind that prompted the first denunciation, January +7, 1584, by Juan Fernández, a priest attending the lectures. Others +followed, and the character of his utterances appears in the +propositions submitted to the calificadores:--That Christ was not +circumcised by St. Simeon but by his mother the Virgin.--That there +ought to be no images and, but for apparent imitation of the heretics, +they would have been abolished.--That those were fools who, at the +procession of Corpus Christi, knelt in the streets to adore the images, +for only Christ and his cross were to be adored.--Only saints in heaven +were to be adored and not images, which were but wood and +plaster.--Christ was not born in a stable, but in a house where the +Virgin was staying.--That the eleven thousand virgins were only +eleven.--Doubts whether the Three Kings were kings, as Scripture speaks +only of Magi.--That the Magian kings did not come at Christ's birth, but +two years after, and found him playing with a ball.--That theologians +know nothing.--That many Dominicans thought the faith was based on St. +Thomas Aquinas; this was not so and he did not care a ---- for St. +Thomas.--When asked why St. Lucia was painted without eyes, he said that +she had not torn them out, but she was reckoned the patron saint of eyes +from her name--Lucia _a lucere_. + +That these free-spoken propositions should be duly characterized by the +calificadores as heretical, rash, erroneous, insulting and so forth was +a matter of course and, on May 18th, the consulta de fe voted for +imprisonment in the secret prison with sequestration, subject to +confirmation by the Suprema. The latter delayed action until August 29th +and then manifested unusual consideration for the eccentricities of +Sánchez, which were doubtless well known. He was merely to be summoned +before the tribunal, to be closely examined and to be severely +reprimanded, with a warning to give no further occasion for scandal, as +otherwise he would be treated with all rigor.[360] + +His first audience was held on September 24th. There is a refreshing and +characteristic frankness in his reply to the customary question whether +he knew the cause of his summons. He supposed it was because, about +Christmas-time, in his lecture-room, he was asked why St. Lucia was +painted with her eyes on a dish and why she was patron saint of eyes, +when he replied that she was not such a fool as to tear out her eyes to +give them to others; the vulgar believed many things that had no +authority save that of painters, and it was on account of her name that +she was patron saint of eyes. Then, he added, some days later he was +asked why he talked against what the Church holds; this angered him and +he told them they were great fools who did not know what the Church is; +they must think that sacristans and painters are the Church; he would be +speaking against the Church if he spoke against the Fathers and +Councils. If they saw eleven thousand virgins painted in a picture, they +would think that there were eleven thousand, but in an ancient calendar +there was only _undecim M. virgines_--there were ten martyrs and Ursula +made the eleventh. Then, some three years ago, the Circumcision was +represented in the cathedral of Salamanca, where appeared the Virgin, +Simeon and the child Jesus. He said to many of those present that it was +a pity such impertinences were permitted in Salamanca; that the Virgin +did not go to the temple until the forty days were expired, and no +priest was required for the circumcision, for it is rather believed that +the Virgin performed it in her own house. He mentioned various other +criticisms which he had made on pictures, such as the Last Supper, where +Christ and the apostles should be represented on triclinia, and the +Sacrifice of Abraham where Isaac should be a man of 25. For this all he +was called in Salamanca a rash and audacious man, and he supposed this +was the cause of his summons; if there was more, let him know it and he +would obey the Church; if in what he had said he had caused scandal, he +was ready to retract and to submit to the Church.[361] + +[Sidenote: _FRANCISCO SANCHEZ_] + +This fearless frankness was preserved in the examination that followed +on the charges not explained in his avowal. When asked whether he knew +these things to be heretical and if his intention was to oppose the +Church, he replied that in the form of the charges he held them to be +heretical, but he had uttered them only in the way he stated, with the +intention of a good Christian and for the instruction of others, but, if +he had erred, he begged mercy with penance, and was ready to make +whatever amends were required. His confessions were duly submitted to +calificadores who reported, reasonably enough, that he denied some, +explained others and left others as they were, but that as a whole he +deserved to be reprimanded and punished, because he exceeded his +functions without discretion and, if not restrained, he would come to +utter manifold errors and heresies. Under ordinary routine his +punishment would have been exemplary, but the tribunal was controlled by +the instructions of the Suprema and, on September 28th, he was duly +reprimanded and warned to abstain in future from such utterances, for +they would be visited with rigorous punishment. He promised to do this +and was dismissed.[362] + +With any one else this narrow escape, which shows the strong +disinclination to deal harshly with him, would have ensured lasting +caution, and even on Sánchez it seems to have imposed restraint for some +years. The impression, however, wore away and the irrepressible desire +to manifest his contempt for theology and theologians, and to display +the superior accuracy of his wide learning, gradually overcame prudence. +In 1588, he printed a little volume entitled _De erroribus nonnullis +Porphyrii et aliorum_ which, when subsequently examined by +calificadores, was said to prove that the author was insolent, audacious +and bitter, as were all grammarians and Erasmists; that, if its +conclusions were true, we might burn all the theology and philosophy +taught by the schoolmen, from the Master of Sentences to Caietano, and +by all the universities, from Salamanca to Bologna. Another of his works +bore the expressive title of _Paradoxos de Theulugia_, which went to two +editions and was censured as requiring expurgation. Theology seems to +have had for him the fatal fascination of the candle for the moth and, +with his temperament, he could not touch it without involving himself in +trouble. He gradually resumed his free speech and repeated his old +assertions which he had promised to suppress, and to these he added new +ones, such as approving the remark of a canon of Salamanca that he who +spoke ill of Erasmus was a fraile or an ass, adding that, if there were +no frailes in the world, none of the works of Erasmus would have been +forbidden. From 1593 to 1595, Dr. Rosales, the commissioner at +Salamanca, repeatedly forwarded to the Valladolid tribunal reports and +evidence as to his relapse in these evil ways, and urged that he should +be summoned and corrected and told not to meddle with theology but to +confine himself to his grammar, for he knew nothing else.[363] + +The tribunal had these various charges submitted to calificadores, who +duly characterized them in fitting terms, but it took no action until +May 18, 1596, when it commissioned Rosales to put in shape the +informations against Sánchez. Rosales was replaced by Francisco Gasca de +Salazar, who was instructed, September 17th, to finish the matter +without delay. He returned the papers as completed, September 29th, +adding that Sánchez was so frank that he said these things publicly, as +a man unconscious of error and, if examined, would tell the truth and +give his reasons; he did not seem to err with pertinacity but like the +grammarians, who usually deal in paradoxes, for which reason Gasca said +that he had taken no notice of them.[364] + +[Sidenote: _FRANCISCO SANCHEZ_] + +Probably some restraint exercised by the Suprema explains why, after +these preparations, four years were allowed to pass without action. If +so, this restraint was suddenly removed, for there is no evidence that +any fresh imprudences on the part of Sánchez stimulated the tribunal +when, September 25, 1600, it took a vote that, in view of the previous +warning and continued repetition of the same propositions and additional +ones, and especially of the _De Erroribus Porphyrii_ and other books +suspect in doctrine, he should be summoned to the tribunal and a house +be assigned to him as a prison, while all his books and papers should be +seized. The Suprema confirmed this; on October 20th the summons was +issued and, on November 20th, the books and papers were forwarded. On +November 10th Sánchez appeared before the tribunal and, with kindly +consideration, the house of his son, Dr. Lorenzo Sánchez, a physician +residing in Valladolid, was assigned as his prison. Three audiences were +held, on November 13th, 16th, and 22d, in which he said that, if he had +uttered or done anything contrary to the faith, he was ready to confess +it and reduce himself to the unity of the Church. As the charges were +not as yet made known to him, he tried to explain various matters which +were not contained in them, such as denying free-will, as holding the +opinion that Magdalen was not the sister of Lazarus, and that Judas did +not hang himself.[365] + +No more audiences were held. The next document is a petition, dated +November 30th, in which Sánchez set forth that he was mortally sick and +given over by the physicians; that he had through life been a good +Christian, believing all that the Holy Roman Church believes, and now, +at the hour of death, he protested that he died in and for that belief. +If, having labored for sixty years in teaching at Salamanca and +elsewhere, he had said or was accused of saying anything against the +holy Catholic faith, which he denied, if yet by error of the tongue it +was so, he repented and begged of the Inquisition pardon and penance in +the name of God. When taking pen in hand he had always recommended +himself to God and, if in his MSS. there should be found anything +ill-sounding, he desired it stricken out and, if there were useful +things, he asked the Inquisition to permit their printing, as he left no +other property to his children, and also that his enemies and rivals +might be confounded. Finally, as he was in prison, by order of the +Inquisition, he supplicated that he might have honorable burial, +suitable to his position, and that the University of Salamanca be +ordered to render him the customary honors.[366] + +Thus closed, in sorrow and humiliation, the career of one of the most +illustrious men of letters that Spain has produced. Under the existing +system the Inquisition could do no otherwise than it had done, and its +treatment of him had been of unexampled forbearance. That forbearance, +however, seems to have ceased with his death. The records are imperfect, +and we have no knowledge of the course of his trial which, as usual, was +prosecuted to the end, but the outcome apparently was unfavorable. On +December 11th the calificadores who examined his papers made an +unexpectedly moderate report. There was a certain amount of minute and +captious verbal criticism, but the summing up was that he seemed +somewhat free in his expositions of Scripture, attaching himself too +much to human learning and departing too readily from received opinions, +but he was easily excusable as these were private studies and mostly +unfinished, so that his final opinions could not be assumed.[367] + +Notwithstanding this, his dying requests were not granted. The interment +was private and without funeral honors. As regards the University of +Salamanca, Dr. Lorenzo Sánchez reported, on December 22d, that his +father had many enemies there, that there was much excitement and +scandal, and it was proposed not to render him the customary honors, to +the great injury of his children's honor, wherefore he petitioned for +orders to pay the honors and also the salary for the time of his +detention. To this supplication no attention was paid, and the same +indifference was shown when, long afterwards, on June 25, 1624, another +son, Juan Sánchez, a canon of Salamanca, represented that malicious +persons asserted that his father had died in the secret prison, +wherefore he petitioned for a certificate that his father had not been +imprisoned in either the secret or public prison, and that no sentence +had been rendered against him. The influence of all this on the fortunes +of his descendants can readily be estimated. As for the MSS. which had +occupied the dying man's thoughts, the final judgement passed upon them +left little to be delivered to the children.[368] + + * * * * * + +[Sidenote: _JOSEPH DE SIGUENZA_] + +Another contemporaneous case is worthy of mention if only because the +Geronimite Joseph de Sigüenza has customarily been included among the +victims of the Inquisition, in place of which he sought its jurisdiction +in order to protect himself against the machinations of his brethren. At +an early age he had entered the Order, where his talents and varied +learning gained him rapid advancement. When the Escorial was completed, +Philip II sent for him to preach the first sermon in the church of San +Lorenzo; since then he had preached oftener than any one else and many +of the gentlemen and ladies of the court had selected him as their +confessor. Philip placed him in charge of the royal archives and of the +_sagrarios_ and reliquaries of the two libraries, which brought him into +frequent communication with the king, and he had utilized this to cause +appointments and dismissals, and to institute reforms in the college of +Párraces. This caused jealousy and enmity, and Diego de Yepes, the prior +of his convent of San Lorenzo, endeavored to procure his removal. Then +he incurred the hostility of the prior of the college, Cristóbal de +Zafra, who was a florid preacher. In a sermon before the king on the +previous Nativity of the Virgin (September 8th) he had said that the +Minotaur was Christ and the Labyrinth was the Gospel and Ariadne was Our +Lady and the child she bore to Theseus was faith, and if any one desired +to enter the Labyrinth he must pray to the Virgin for her child. Such +sermons were the fashion, and Diego de Yepes eclipsed this, on January +1st, when he told his audience that when Delilah had exhausted Samson +she removed him from her and delivered him to the Philistines, so when +the Virgin had exhausted God she removed him and placed him in the +manger, with other equally filthy topics. Fray Joseph sought to repress +this style of preaching, insisting that it should be confined to +expositions of the Evangel and moral instruction, which gained him +enemies among those whose eccentricities and bad taste he reproved. +Another source of enmity was that he was entrusted with the selection of +students to attend the lectures on Hebrew of Arias Montano, when he came +to San Lorenzo, which angered those who were omitted. A formidable cabal +was formed for his ruin; careful watch was kept on his utterances in +unguarded moments and in the pulpit, and it was not difficult to collect +propositions which, when exaggerated or distorted, might furnish +material for prosecution. + +It was safer to trust to a prejudiced court within the Order than to the +Inquisition. A visitation of the convent and college was ordered, with +instructions to withdraw the licence of any preacher or confessor found +to be insufficient. The visitors came on April 13, 1592 and reported on +the 17th. The frailes were examined separately and secretly and, of +twenty-two, all but one offered objections to opinions uttered by Fray +Joseph. From their testimony was extracted a series of nineteen +propositions, most of them utterly trivial. He was accused of decrying +scholastic theology, of holding that preaching should be based on the +bare Scriptures, of exaggerated praise of Arias Montano at the expense +of other expounders of Holy Writ, of advising a fraile to study +Scripture in place of books of devotion and much else of the same +nature. The frailes had learned the processes of the Inquisition; they +submitted these propositions for qualification to Gutiérrez Mantilla, +the chief professor of theology in the college, who rendered three +opinions, varying in tone, but the final one declared that some of the +propositions inclined to Lutheranism and Wickliffitism and others to +Judaism. Moreover, on May 18th he wrote to the king, announcing the +discovery of a dangerous heresy in the college of San Lorenzo which, if +not checked at the outset, might bring upon Spain the dangers developed +in other lands. It had spread among the students, some of whom, by the +vigilance of the prior, were already in the Inquisition of Toledo, and +he begged Philip to urge on the prior unrelaxing efforts to avert the +evil. + +All this had been done in secret, but enough reached the ears of Fray +Joseph to convince him of the ruin impending at the hands of his +brethren. Such matters belonged exclusively to the jurisdiction of the +Inquisition and they could not prevent his appealing to that tribunal, +in which he lost no time. On April 23d he presented himself at Toledo, +with a letter from his prior, Diego de Yepes, stating that he was +learned, able and a prior of the Order, but that some of his expressions +in preaching and conversation had created scandal, in consequence of +which he had been tried by visitors; this trial Yepes was ready to +submit to the tribunal, and he asked that Fray Joseph be treated with +its customary benignity. With this Fray Joseph handed in a written +statement, containing what he had been able to gather as to the +accusations, and submitting himself to the judgement of the Inquisition, +both in correcting what was wrong and in accepting whatever punishment +might be imposed. + +The tribunal sent for the papers of the trial and assigned to him the +convent of la Sisla as a prison, which he was not to leave without +permission under the customary penalties. This confinement, however, was +scarce more than nominal for, on May 14th, he represented that the king +and court were at San Lorenzo, and his absence would be a great dishonor +to him, wherefore he asked to have, by return of his messenger, +permission to go there, which was immediately granted. Subsequently he +was allowed the unusual favor of consulting with his counsel at the +latter's house and, on October 21st, he asked licence to return to San +Lorenzo for a month, because he was suffering from fever and his +physician stated that his life was at risk at la Sisla--a request which +was doubtless granted. The contrast is marked between his treatment and +that of Luis de Leon. + +[Sidenote: _THEOLOGICAL TRIVIALITIES_] + +Meanwhile the trial was in progress with all customary formalities. The +propositions were submitted to calificadores and, on July 30th, the +fiscal presented the accusation, denouncing him as an apostate heretic +and excommunicated perjurer, demanding his relaxation and asking that he +be tortured as often as necessary. He duly went through the +examinations on the accusation and publication of evidence, and +presented eight witnesses, who testified to his distinguished reputation +for learning, piety and orthodoxy, also that Fray Cristóbal de Zafra was +noted for bringing fables and poetry into his sermons, and that Fray +Justo de Soto, who had accused him of saying that Jews and Turks could +be saved, was an ignoramus, knowing little of grammar and nothing of +theology. + +It was not until October 22d that was held the consulta de fe, which +voted unanimously for acquittal; the Suprema confirmed the sentence, on +January 25, 1593, when Fray Joseph was probably absent, for it was +nearly a month before he appeared, on February 19th to hear it read. At +his request a copy of it was given to him and thus ended a case in which +the Inquisition was the protector of innocence against fraternal +malignity.[369] + + * * * * * + +The extent to which Spanish intellect wasted itself in interminable +controversies over the infinitely little, and the dangers to which all +men were exposed who exercised the slightest originality, are +illustrated in the case of Padre Alonso Romero, S. J., lector, of +theology in the Jesuit college of Valladolid. For a proposition +concerning the intricate question whether a man violates the law of +fasting by eating nothing on a fast-day, his fellow-Jesuit, Fernando de +la Bastida, with a number of students, denounced him to the Inquisition, +August 29, 1614. The main proposition, and a number of others, on which +it was based, or which were deduced from it, were pronounced by the +calificadores, or at least by some of them, to be false, scandalous, +rash and approximating to error. No less than seventeen witnesses were +examined against him and when, on January 9, 1615, he presented himself, +he admitted uttering the proposition, but said that he had consulted +many learned men and the principal universities and he offered in +defence the signatures of many Jesuits and of professors of Salamanca, +Alcalá and Valladolid, to the effect that it was not subject to +theological censure. The case proceeded to a vote _in discordia_, +October 15th, when the Suprema ordered his confinement in a Jesuit +house, that he should cease lecturing, and that the papers in his cell +should be examined. On October 29th, while he was detained in the +audience-chamber, his keys were taken and his papers were seized, +although during this audience he stated that, when he found that many +learned men condemned his proposition, he had retracted it publicly and +had defended the opposite, which he offered to do again. To the ordinary +mind this would appear to render further proceedings superfluous, but +the assumed injury inflicted on the faith demanded reparation, and the +case went on. + +Thirty-three propositions, dependent on the first one, were submitted to +calificadores and condemned as before, while nineteen others, extracted +from his papers, were explained by him and dropped. Drearily and slowly +the proceedings dragged along. On March 3, 1616, the accusation was +presented, but it was not until June 6, 1619, that the publication of +evidence was reached. Yet the case seems still to have been in the +preliminary stage for on July 10th the Suprema ordered that the +propositions, which had now grown to fifty-seven in number, should be +submitted to calificadores and on their report the tribunal should +decide whether to transfer him to the secret prison. It waited more than +six months before it reached a decision, February 5, 1620, to make no +change but, when the Suprema learned this, it ordered him to the prison +of familiars, which was done on August 12th. Then, on the 18th, he +selected patrones to advise him and, on September 25th, he presented the +interrogatories for the witnesses in defence. On May 12, 1621, he was +informed that all that he had required had been done for him. On July +5th the consulta de fe voted that he should be warned and required to +retract the proposition respecting fasting and those derived from +it--which he had already done spontaneously six years before; as for the +others, he was acquitted. The Suprema took nearly a year to consider +this and did not confirm it until June 2, 1622, when the trial ended +with the reading of the sentence on June 30th.[370] All this reads like +a travesty and might well be the subject of ridicule were it not for the +serious import on a nation's destiny of a system under which eight years +of a man's life could be consumed on a matter which the outcome showed +to be so frivolous, to say nothing of the indefinite number of +calificadores and officials whose energies were wasted on this solemn +trifling. + + * * * * * + +[Sidenote: _THE PULPIT_] + +Preachers were as liable as professors to prosecution for their +utterances, and Spanish pulpit eloquence, as we have seen it +illustrated in the case of Fray Joseph de Sigüenza, afforded ample +field for censure. The auditor who took exception to anything heard in a +sermon had only to denounce the speaker and, if the proposition was +exceptionable, prosecution followed. Thus, in 1580, Fray Juan de Toledo, +a Geronimite of the convent of Madrid, was denounced to the Toledo +tribunal for having, in a sermon before Philip II, asserted that the +royal power was so absolute that the king could take his vassals' +property and their sons and daughters to use at his pleasure. Possibly +this exuberance of loyalty might have escaped animadversion, had not the +preacher called attention to the enormous revenues of the bishops, +squandered on their kindred, and urged that the king and pope should +unite to reduce them to apostolic poverty. On trial he admitted his +remarks in a somewhat less offensive form; he attempted to disable the +witnesses and presented evidence of good character without much success. +The consulta de fe voted in discordia, and the Suprema sentenced him to +abjure _de levi_, to recant, in the pulpit on a feast-day, the +propositions, in a formula drawn up for him, to be recluded in a convent +for two years, to be suspended from preaching for five years, and to +perform certain spiritual penances.[371] + +The severity of this sentence shows how little ceremony there was in +restraining the eccentricities of the Spanish pulpit, even when it would +be difficult to discern where suspicion of heresy came in. The formula +of retraction prescribed rendered the humiliation of the ceremony most +bitter. There were forms suited for the different characters of +propositions, but all bore the essential feature that the culprit in the +pulpit admitted having uttered the condemned expression; that the +inquisitors had ordered him to retract it; that he recognized that it +ought to be retracted and, as an obedient son of the Church and in +fulfilment of the command, he declared, of his own free will, that he +had uttered a proposition heretical and contrary to express passages of +Holy Writ and, as such, he retracted and unsaid it and confessed that he +did not understand it when he said it nor, for lack of knowledge, did he +understand the evil contained in it, nor did he believe it in its +heretical sense, nor understand that it was heresy and, as he had spoken +evil and given occasion to be justly suspected that he said it in an +heretical sense, he was grieved and begged pardon of God and the holy +Roman Catholic Church, and begged pardon and mercy of the Holy Office. A +notary with a copy followed his words and, if the performance was +correct, made an official attestation of the fact.[372] + +Instances of this sharp censorship of pulpit eloquence were by no means +rare. Thus in the single tribunal of Toledo, after Madrid had been +separated from it, Fray Juan de Navarrete, Franciscan Guardian of +Talavera, was sentenced, December 19, 1656, for an heretical proposition +in a sermon, to make a retraction. On April 21, 1657, Fray Diego Osorio, +regent of studies in the Augustinian convent of Toledo, was required to +retract, was suspended for two years from preaching and was banished for +the same period from Madrid and Mascaraque. On April 23, 1659, the +Mercenarian, Maestro Lucas de Lozoya, Definidor General of his Order and +synodal judge of the province, was condemned to retract, was suspended +from preaching for two years and was exiled from Madrid and Toledo. +Similar sentences were pronounced July 14, 1660, on the Trinitarian +Jacinto José Suchet, and August 31st on the Franciscan Juan de Teran. +The Trinitarian, Juan de Rojas Becerro, December 24, 1660, was allowed +to retract in the audience-chamber, but was suspended and banished for +one year. Juan Rodríguez Coronel, S. J., on June 28, 1664, was suspended +and banished for two years, but was not required to retract. These +instances will suffice to indicate the frequency of these prosecutions +and the manner in which such cases were treated. They offer a curious +contrast to the mercy shown, January 31, 1665, to Sebastian Bravo de +Buiza, assistant cura of Fresno la Fuente, who was only reprimanded and +required to explain in the pulpit the most offensive proposition that +the Virgin was a sinner and died in sin.[373] + +This last case suggests that favoritism sometimes intervened to shield +culprits and this would seem to be confirmed by the leniency shown, in +1696, to Fray Francisco Esquerrer. He was the leading Observantine +preacher and theologian in Valencia and teacher of theology in the +convent of San Francisco in Játiva. It was an episode in the quarrel +between Dominicans and Franciscans over the Immaculate Conception, when, +November 13, 1695, the Dominican Fray Juan Gascon denounced him to the +Valencia tribunal for having defended at Játiva, October 9, 1693, the +proposition that Christ, in the three days of his death, was sacramented +alive in the heart of the Virgin; that he who should die in defence of +the Immaculate Conception would die a martyr, for it was a point of +faith settled by Scripture, by the Council of Trent, by the Apostolic +Council of Jerusalem and by the cult of the Church. Gascon had denounced +this at the time, but the tribunal had taken no notice of it, and he now +repeated the charge, adding that Esquerrer, preaching in 1693 at +Olleria, had held it to be a point of faith that the adoration of +_latria_ was due to St. Francis; in the same year at Játiva he preached +that Christ owed more to St. Antony of Padua than St. Antony owed to +Christ. Also, when preaching about an image known as the Virgin of +Salvation, he said that she was rather the Mother of Salvation than the +Mother of Christ. Then, on August 28, 1695, preaching to the +Augustinians of Játiva, he proved logically that the wisdom of St. +Augustin was greater than the wisdom of the Logos and, on November 6, +1695, to the Franciscans of Játiva, he declared that the Immaculate +Conception had been made a point of faith by Alexander VII and Innocent +XI. Then the tribunal at last was spurred to action; it gathered +evidence and procured from the calificadores a definition that some of +the propositions were blasphemous, others heretical and others +ill-sounding. Early in 1696 Esquerrer was thrown into the secret prison; +he endeavored to explain away the propositions; the trial proceeded with +unwonted celerity and, on September 9th, the case was suspended with +merely the usual reprimand and the suppression of the propositions of +October 9, 1693.[374] Apparently the Inquisition was content to have the +people fed upon such doctrines. + +It was probably less to favoritism than to indolence that we may +attribute the outcome of the case of the Minim, Fray N. Serra, lector in +the Barcelona convent of S. Francesco de Paula. On St. Barbara's day, +December 4, 1721, he preached a sermon in which, among various other +ineptitudes, he said that St. Barbara was a virgin and yet pregnant, and +that Christ was the fourth person of the Trinity. An artillery regiment +in quarters had been taken to the church and, in the evening, some of +the officers, visiting Doña Bernarda Vueltaflores, amused themselves by +repeating his grotesque utterances. A week later she chanced to mention +the matter to Fray Antonio de la Concepcion and he, for the discharge +of his conscience, carried the tale to the tribunal. Doña Bernarda was +sent for, told what she remembered and furnished the names of the +witnesses. They were summoned and gave their evidence. The fiscal fussed +over it, said that he had only two concurrent witnesses, and wanted +others of the audience looked up and examined, which was not done. The +registers were searched, but no former complaints against Fray Serra +were found. Then the fiscal asked that all the other tribunals of Spain +be written to, which was postponed. On April 22, 1722 he had the +propositions submitted to calificadores, five of whom unanimously +pronounced that the one relating to Christ was formally heretical and +the others scandalous and irreverent, rendering the culprit vehemently +suspect and of little sense. Then ensued a pause until 1726, when in +July replies were received from all the tribunals that they had nothing +against Fray Serra. Then followed another pause, until June 27, 1728, +when the inquisitors resolved that the case should be suspended after +consulting the Suprema, which assented with the mild rebuke that, as the +sumaria had been formed in 1721, it should have been acted upon at once, +in place of waiting until 1728.[375] + + * * * * * + +Cognizance of the more or less trivial utterances of individuals +continued to the last and formed an increasing portion of inquisitorial +business as Judaism gradually disappeared. How the people were still +taught to keep a watch over their fellows is exhibited in the case of +Manuel Ribes, of Valencia, in 1798. He was a boy only nine years of age, +attending a primary school, who was denounced by a fellow-pupil for an +heretical expression. That the case was seriously considered is +inferable from the fact that it was suspended, not dismissed, and +remained of record against the child in case of future offences. How +keen, moreover, was the inquisitorial eye to discern peril to the faith, +is visible in the prosecution at Murcia, in 1801, of Don Ramon Rubin de +Celis y Noriega, a dignitary of the cathedral of Cartagena and rector of +the conciliar seminary, for a proposition concealed in his printed plan +for instruction in Latin.[376] + +[Sidenote: _RELIGION AND POLITICS_] + +Under such impulses it is not a matter for surprise that, in this later +period "propositions" furnished half the business of the tribunals. In +the register compiled in Valencia of all the cases tried in Spain, after +1780 until the suppression of the Inquisition in 1820, the aggregate is +6569 cases, out of which 3026, or not far from one-half, are designated +as for propositions. Of these latter 748 are noted as suspended or laid +aside in Valencia, leaving 2278 carried on through trial. Of the 3543 +cases for other offences, 1469, as we have seen, were for solicitation, +leaving only 2074 as the total number for the miscellaneous business of +the tribunals. Those accused for propositions represent every sphere of +life, but a larger portion than of old belong to the educated +classes--clerics, professional men, officers of the army, municipal +officials, professors in colleges and the like.[377] + +That this class of business should increase was natural in view of the +infiltration of the irreligious philosophy and liberal ideas of the +later eighteenth century, which escaped the censorship and watchfulness +at the ports. The Napoleonic war poured a flood of this upon the land, +traversed in almost every part by armies, whether hostile like the +French or heretic allies like the English. After the Restoration, the +duty of the Inquisition was largely the extirpation of these seeds of +evil in a political as well as a spiritual sense, and propositions +_antipoliticas_, as we shall see, were as freely subject to its +jurisdiction as the _irreligiosas_. The punishments inflicted were not +usually severe, but the trial itself was a sufficient penalty, for the +accused was thrown into the secret prison during the dilatory progress +of his case, his property was embargoed and his career was ruined, while +in most cases he was subsequently kept under strict surveillance, for +which the inquisitorial organization furnished special facilities. + +As a typical case it will suffice to allude to that of two merchants of +Cádiz, Julian Borrego and Miguel Villaviciosa, sentenced in 1818 by the +Seville tribunal, for "propositions and blasphemies," to abjure _de +vehementi_ and to ten years' exile from Cádiz, Seville and Madrid, +including service in a presidio. In consideration, it is said, of the +extraordinarily long imprisonment which they had endured, the service of +the former was only to be four years in Ceuta and of the latter six +years in Melilla. As was so frequently the case at this time, the +Suprema interposed in favor of leniency and reduced the term to presidio +for both to two years. They were married men; the trial and sentence +virtually meant ruin, and probably influence was exerted in their +behalf for, after six months, the Suprema allowed them to return to +Spain to support their families.[378] + +What was the precise nature of the propositions the record does not +inform us, but, had the offence been political, it is improbable that +this mercy would have been shown. If it were religious, it may have been +the deliberate expression of erroneous belief, or a hasty ejaculation +called forth by an ebullition of wrath for, as of old the Inquisition +took cognizance of everything and, in its awe-inspiring fashion, +undertook to discipline the manners as well as the faith of the people. +In 1819, the sentence of Bartolomé López of Córdova, for propositions, +warns him on the consequences of his unbridled passion for gambling and +lust, which had caused his offence, and, in another case, the culprit's +inconsiderate utterances are ascribed to his quarrels with his wife, +with whom he is urged to reconcile himself.[379] + + * * * * * + +Thus to the last the Inquisition, in small things as in great, sought to +control the thoughts and the speech of all men and to make every +Spaniard feel that he was at the mercy of an invisible power which, at +any moment, might call him to account and might blast him for life. + + + + +CHAPTER VIII. + +SORCERY AND OCCULT ARTS. + + +Man's effort to supplement the limitations of his powers by the +assistance of spiritual agencies, and to obtain foreknowledge of the +future, dates from the earliest ages and is characteristic of all races. +When this is attempted through the formulas of an established religion +it is regarded as an act of piety; when through the invocation of fallen +gods, or of the ministers of the Evil Principle, or through a perverted +use of sacred rites, it is the subject of the severest animadversion of +the law-giver. When it assumes to use mysterious secrets of nature, it +has at times been regarded as harmless, and at others it has been +classed with sorcery, and the effort to suppress it has been based, not +on its being a deceit, but a crime. + +When the Roman domination in Spain was overthrown by the Wisigoths, the +Barbarians brought with them their ancestral superstitions, to be +superadded to the ancient Ligurian beliefs and the more recent +Christianized paganism. The more current objectionable practices are +indicated by the repressive laws of successive Wisigothic monarchs, and +it illustrates the imperishable nature of superstitions that under their +generalizations can be classed most of the devices that have endured the +incessant warfare of the Church and the legislator for a thousand years. +The Wisigothic ordinances were carried, with little change, into the +Fuero Juzgo, or Romance version of the code, but their moderation was +displeasing to Ramiro I, who, in 943, prescribed burning for magicians +and sorcerers and is said to have inflicted the penalty in numerous +instances.[380] It is not probable that this severity was permanent for, +as a rule, medieval legislation was singularly lenient to these +offences, although, about the middle of the thirteenth century, Jacobo +de las Leyes, in a work addressed to Alfonso X, classes among the worst +offenders those who slay men by enchantment.[381] + +Alfonso himself, in the Partidas, treated magic and divination as arts +not involving heresy, to be rewarded or punished as they were used for +good or for evil.[382] In no land were they more widely developed or +more firmly implanted in popular belief, for Spain not only preserved +the older errors of Wisigothic times but had superadded those brought by +the Moors and had acquired others from the large Jewish population. The +fatalism of Islam was a fruitful source of devices for winning +foreknowledge. The astrologer and the diviner, so far from being objects +of persecution, were held in high honor among the Moors, and their arts +were publicly taught as essential to the general welfare. In the great +school of Córdova there were two masters who taught astrology, three of +necromancy, pyromancy and geomancy, and one of the _ars notoria_. Seven +thousand seven hundred Arabic writers are enumerated on the +interpretation of dreams, and as many on goetic magic, while the use of +amulets as preservatives from evil was universal.[383] Spain was the +classic land of magic whither, during the middle ages, resorted for +instruction from all Europe those who sought knowledge of its mysteries, +and the works on the occult arts, which were circulated everywhere, bore +for the most part, whether truly or falsely, the names of Arabic +authors. + +[Sidenote: _MEDIEVAL TOLERATION_] + +Long after these pursuits had fallen elsewhere under the ban of the +Church, the medieval spirit of toleration continued in Spain. Until the +fourteenth century was drawing to an end, astrology, we are told, was in +general vogue among the upper classes, while the lower placed full +confidence in the wandering mountebanks who overspread the land--mostly +Moorish or Jewish women--who plied their trade under the multifarious +names of _saludadores_, _ensalmadores_, _cantadores_, _entendederas_, +_adivinas_ and _ajodadores_, earning a livelihood by their various arts +of telling fortunes, preserving harvests and cattle, curing disease, +protecting from the evil eye, and exciting love or hatred.[384] So +little blame attached to these pursuits that Miguel de Urrea, Bishop of +Tarazona from 1309 to 1316, was popularly known as _el Nigromántico_, +and his portrait in the episcopal palace of Tarazona had an inscription +describing him as a most skilful necromancer, who even deluded the devil +with his own arts.[385] + +The Church, however, did not share in this tolerant spirit and was +preparing to treat these practices with severity. There is comparative +mildness, in 1317, in the definition of its policy by Astesanus, the +leading canonist of his time who, after reciting the ferocious imperial +legislation, adds that the canons impose for these arts a penance of +forty days; if the offender refuses to perform this he should, if a +layman, be excommunicated and, if a cleric, be confined in a monastery. +If he persists in his evil ways, he should, if a slave be scourged and, +if a freeman, be imprisoned. Bishops should expel from their dioceses +all such persons and, in some places, this is laudably accompanied with +curtailing their garments and their hair. Yet the uncertainty still +prevailing is indicated by the differences among the doctors as to +whether priests incurred irregularity who misused in magic rites the +Eucharist, the chrism and holy water, or who baptized figurines to work +evil on the parties represented, and in this doubt Astesanus counsels +obtaining a dispensation as the safest plan.[386] + +All doubts as to such questions were promptly settled. Pope John XXII +divided his restless activity between persecuting the Spiritual +Franciscans, warring with the Visconti, combating Ludwig of Bavaria and +creating a wholesome horror of sorcery in all its forms. Imagining that +conspirators were seeking his life through magic arts, he ordered +special inquisitors appointed for their extermination and urged the +regular appointees to active persecution. In various bulls, and +particularly one known as _Super illius specula_, issued about 1326, he +expressed his grief at the rapid increase of the invocation and +adoration of demons throughout Christendom, and ordered all who availed +themselves of such services to be publicly anathematized as heretics and +to be duly punished, while all books on the subject were to be burnt. +The faithful were warned not to enter into compacts with hell, or to +confine demons in mirrors and rings so as to foretell the future, and +all who disobeyed were threatened with the penalties of heresy.[387] +Thus the Church asserted authoritatively the truth of the powers claimed +by sorcerers--the first of a long series of similar utterances which did +more, perhaps, than aught else to stimulate belief and foster the +development of the evil. The prosperity of the sorcerer was based on +popular credulity, and the deterrent influence of prospective punishment +weighed little against the assurance that he could in reality perform +the service for which he was paid. + +There was no Inquisition in Castile, and the repression of these +unhallowed arts rested with the secular power, which was irresponsive to +the papal commands. The Partidas, with their quasi approval of magic, +were formally confirmed, by the Córtes of 1348, as the law of the land, +and remained the basis of its jurisprudence. Yet the new impulse from +Rome commenced soon afterwards to make itself felt. About 1370 a law of +Enrique III declared guilty of heresy and subject to its penalties all +who consulted diviners.[388] In this the injection of heresy is +significant of the source of the new policy, reflected further in a law +of Juan I, in 1387, which asserts that all diviners and sorcerers and +astrologers, and those who believe in them, are heretics to be punished +as provided in the Partidas, laymen by the royal officials and clerics +by their prelates.[389] That these laws accomplished little is indicated +by the increasing severity of the pragmática of April 9, 1414, which +ordered all royal and local judges, under pain of loss of office and +one-third confiscation, to put to death all sorcerers, while those who +harbored them were to be banished and the pragmática itself was to be +read monthly in the market-places so that no one could pretend +ignorance.[390] Even the Mudéjares assimilated themselves in this to +their Christian conquerors, threatening the practice of sorcery with +death, and warning all to avoid divination and augury and astrology. +This accomplished little, however, and, after their enforced conversion, +the Moriscos continued to enjoy the reputation of masters of the black +arts.[391] + +[Sidenote: _INQUISITORIAL JURISDICTION_] + +In the kingdoms of Aragon the secular power seems to have been +negligent, and the duty reverted to the episcopate, which was for the +most part indifferent. It was not wholly so, however, for, in 1372, +Pedro Clasquerin, Archbishop of Tarragona, ordered an investigation of +his province by _testes synodales_, and among the matters to be inquired +into was whether there were sorcerers. Even Inquisitor Eymerich appears +to consider it as in no way the business of the Holy Office, when he +seeks to impress upon all bishops the duty of searching for such enemies +of Christ, and of punishing them with all severity.[392] + +In Castile, while all the arts of sorcery were reckoned heretical, +jurisdiction over them remained secular, even after the establishment of +the Inquisition although, among Isabella's good qualities, is enumerated +her exceeding abhorrence of diviners and sorcerers and all practitioners +of similar arts.[393] There was evidently no thought of diverting the +Inquisition from its labors among the New Christians, when a royal +decree of 1500 ordered all corregidors and justicias to investigate as +to the existence in their districts of diviners and such persons, who +were to be arrested and punished if laymen, while if clerics they were +to be handed over to their prelates for due castigation.[394] + +The question of jurisdiction, in fact, was a difficult one, which +required prolonged debate to settle. It is true that, in 1511, a case in +Saragossa shows the Inquisition exercising it, but a discussion to which +this gave rise indicates that as yet it was a novelty. Some necromancers +were condemned by the tribunal and the inquisitors asked whether +confiscation followed. Inquisitor-general Enguera decided in the +affirmative, but referred to Ferdinand for confirmation. The king +instructed the archbishop to assemble the inquisitors and some impartial +lawyers to discuss the question and report to him; their conclusion was +in favor of the crown and not till then did he order the receiver to +sequestrate and take possession of the property, which was considerable. +The fact that it had not been sequestrated indicates that there had been +no precedent to guide the tribunal.[395] Soon after this, in Catalonia, +there came a demand for the more effective jurisdiction of the +Inquisition, in order to repress sorcery. When the Concordia of 1512 +was arranged, one of the petitions of the Córtes was that it should put +into execution the bull _Super illius specula_ of John XXII, and that +the king should procure from the pope the confirmation of the bull. +There was no objection to this, and Leo X accordingly revived the bull +and ordered its enforcement in Aragon.[396] It must have been +immediately after this that the Edict of Faith, in the Aragonese +kingdoms, required the denunciation of sorcery, for, in the Sicilian +instructions of 1515, issued to allay popular discontent, it was +provided that this clause should only be operative when the sorcery was +heretical.[397] Convictions, however, were few, at least in Aragon, for +after those of 1511 there were no relaxations for sorcery until February +28, 1528, when Fray Miguel Calvo was burnt; the next case was that of +Mossen Juan Omella, March 13, 1537, and no further relaxations occur in +the list which extends to 1574.[398] + +Castile followed the example of Aragon, and Archbishop Manrique +(1523-1538) added to the Edict of Faith six clauses, giving in full +detail the practices of magic, sorcery and divination.[399] Yet, as late +as 1539, Ciruelo seems to regard the crime as subject wholly to secular +jurisdiction, for he warns sovereigns that, as they hold the place of +God on earth, they should have more zeal for the honor of God than for +their own, and should chastise these offenders accordingly, being +certain that they would be held to strict account for their +negligence.[400] + +[Sidenote: _PACT WITH THE DEMON_] + +The question, in fact, was a somewhat intricate one, admitting of nice +discussion. In 1257, not long after the founding of the Old Inquisition, +Alexander IV was asked whether it ought to take cognizance of divination +and sorcery, when he replied that it must not be diverted from its +proper duties and must leave such offenders to their regular judges, +unless there was manifest heresy involved, a decision which was +repeated more than once and was finally embodied in the canon law by +Boniface VIII.[401] There was no definition, however, as to what +constituted heresy in these matters, until the sweeping declaration of +John XXII that all were heretical, but in this there was a clear +inference that his bulls were directed solely to malignant magic working +through the invocation and adoration of demons. This, however, comprised +but a small portion of the vast array of superstitious observances, on +which theological subtilty exhausted its dialectics. Many of these were +perfectly harmless, such as the simple charms of the wise-women for the +cure of disease. Others were pseudo-scientific, like the Cabala, the Ars +Notoria and the Ars Paulina, by which universal knowledge was attained +through certain formulas. Others again taught spells, innocent in +themselves, to protect harvests from insect plagues and cattle from +murrain. There were infinite gradations, leading up to the invocation +and adoration of demons, besides the multiplied resources of the diviner +in palmistry, hydromancy, crystallomancy and the rest--oneiroscopy, or +dream-expounding, being a special stumbling-block, in view of its +scriptural warrant. To define where heresy began and ended in these, to +decide between presumable knowledge of the secrets of nature and resort +to evil spirits, was no easy matter, and by common consent the decision +turned upon whether there was a pact, express or implied, with the +demon. This only created the necessity of a new definition as to what +constituted pact and, in 1398, the University of Paris sought to settle +this by declaring that there was an implied pact in all superstitious +observances, of which the result could not reasonably be expected from +God or from nature.[402] This marked a distinct advance in the +conception of heretical sorcery, but it still left open the question as +to what might or might not be reasonable expectation, and it was merely +an opinion, albeit of the most authoritative theological body in Europe. + +Discussion continued as lively as ever. In 1492, Bernardo Basin, a +learned canon of Saragossa, considered it necessary to prove by logic +that all pact with the demon, implicit or explicit, if not heresy was +yet to be treated as heresy.[403] In 1494, the _Repertorium +Inquisitorum_ in quoting the canon law, that sorcery must savor of +heresy to give jurisdiction of the Inquisition, still admits that there +is no little difficulty in defining what is meant by savoring of heresy, +while even at the close of the sixteenth century Peña tells us that no +question excited more frequent debate.[404] It is true that, in 1451, +Nicholas V had conferred on Hugues le Noir, Inquisitor of France, +cognizance of divination, even when not heretical, but this had been a +special provision, long since forgotten.[405] + +The tendency, however, was irresistible to extend the definition of +heretical sorcery, and to bring everything under the Inquisition. In +1552 Bishop Simancas argues that the demon introduces himself into all +superstitious practices and charms, even without the intention of the +man; he admits that many jurists argue that it is uncertain whether +divinations and sorceries savor of manifest heresy, and therefore +inquisitors have not cognizance of them, but the contrary is accepted by +law, reason and custom, for it is a well-known rule that, when there is +a doubt whether a judge has jurisdiction, the jurisdiction is his, and +this matter is not exceptional; inquisitors can proceed against all +guilty of these offences as suspect of heresy and this is received in +practice.[406] Yet in practice these conclusions were reached +tentatively. In 1537 Doctor Giron de Loaysa, reporting the results of a +visitation of the Toledo tribunal, says that he has examined many +processes for sorcery and desires instructions, for there are a number +which are more foul and filthy than heretical; and even as late as 1568 +the Suprema, in acting on the Barcelona visitation of de Soto Salazar, +reproves Inquisitor Mexia for inflicting a fine of ten ducats and +spiritual penances on Perebona Nat, for having used charms and uttered +certain words over a sick woman; such cases, it says, do not pertain to +the Inquisition, and in future he must leave all such matters to the +Ordinary, to whom they belong.[407] + +[Sidenote: _INFERENTIAL HERESY_] + +The tribunals evidently were less doubtful than the Suprema as to their +powers. Among the practitioners who speculated on popular credulity +there were some called _zahories_, who claimed a special gift of being +able to see beneath the surface when it was not covered with blue cloth, +and who were employed to discover springs of water, veins of metal, +buried treasure and corpses, as well as aposthumes and other internal +diseases. There was no pretence of magic in this but, in 1567, Juan de +Mateba, a boy of 14, who claimed among other gifts to be a zahori, was +sentenced by the Saragossa tribunal to fifty lashes in the prison, to +six years' reclusion in a convent under instruction, and subsequently to +a year's exile, together with prohibition, under pain of two hundred +lashes through the streets, to cure by conjurations, or to claim that he +has grace to effect cures, to divine the future, or to see corpses and +other things under the earth.[408] + +Whatever doubts existed rapidly disappeared. It would be difficult to +see where the heresy lay which earned, from the Saragossa tribunal, in +1585, a public scourging for Gracia Melero, because she kept the finger +of a man who had been hanged, together with a piece of the halter, +thinking that they would bring her good luck.[409] In fact, by this time +the omnipresent demon was held accountable for everything. A case +exciting considerable attention in 1588 was that of Elvira de Cespedes, +tried by the tribunal of Toledo, who, as a slave-girl at the age of 16, +was married to Cristóval Lombardo of Jaen and bore to him a son, still +living at Seville. Subsequently at San Lucar she fell in love with her +mistress and seduced her, as well as many other women. Running away, she +assumed male attire and, during the rebellion of Granada served as a +soldier in the company of Don Luis Ponce. In Madrid she worked in a +hospital, obtained a certificate as a surgeon and practised the +profession. At Yepes she offered marriage to a girl, but the absence of +beard and her effeminate appearance caused her sex to be questioned; she +was medically examined, pronounced to be a man and the Vicar of Madrid +granted a licence under which the marriage was solemnized. Doubts, +however, still continued; she was denounced to the magistrates of Ocaña, +who arrested her and handed her over to the Inquisition. In the course +of her trial she was duly examined by physicians, who declared her to be +a woman and that her career could only be explained by the arts of the +demon. This explanation satisfied all doubts; she was sentenced to +appear in an auto, to abjure _de levi_, to receive two hundred lashes +and to serve in a hospital ten years without pay. In this the tribunal +was merciful, for hermaphrodites customarily had a harsher measure of +justice.[410] + +[Sidenote: _CONFIRMATION OF BELIEF_] + +It is thus easy to understand how the definition of pact by the +University of Paris came to be so extended as to cover every possible +act that might be classed as superstitious--all the old women's cures +and all the traditional usages and beliefs that had accumulated through +credulous generations trained to place confidence in unintelligible +phrases and meaningless actions--for any result greater than could +naturally be produced, if not attributable to God was perforce ascribed +to pact with the demon. Torreblanca thus assures us that, in the cure of +disease, pact is to be inferred when nothing, either natural or +supernatural, is employed, but only words, secretly or openly uttered, a +touch, a breathing, or a simple cloth which has no virtue in itself. So +it is with prayers and verbal formulas approved by the Church, but used +for purposes other than those for which they were framed, or even +exorcisms or conjurations against disease and tempests and caterpillars +and drought, employed without the rites prescribed by the Church, or by +those who have not the Order of Exorcists. There is pact in the use of +idle prayers, as to stop bleeding with _In sanguine Adæ orta est mors_, +or _Sanguis mane in te ut sanguis Christi mansit in se_; or of false +ones, as for head-ache _Virgo Maria Jordanum transivit et tunc S. +Stephanus ei obviavit_; or of absurd ones as the old _Danatadaries_, or +the more modern _Abrach Haymon_ etc., or that inscribed on bread _Irivni +Teherioni_ etc.; or that against the bite of mad dogs, _Hax, Pax, Max_. +Suspect of pact are pious and holy prayers, in which some extraneous or +unknown sign is introduced, written and hung on the neck, or anything by +the wearing of which protection is expected from sudden death or +imprisonment or the gallows: also the use of natural objects which, by +their nature are not fitted for the expected results, or which are +inefficient of themselves and are supposed to derive virtue from words +employed, or are applied with prayers and observances not prescribed by +the Church and, finally, all cures of disease which physicians cannot +explain.[411] Moreover, theologians decided that in sorcery there was no +_parvitas materiæ_, or triviality, which redeemed it from being a mortal +sin.[412] + +Thus all wise-women and charlatans became subject to the jurisdiction of +the Inquisition, and no richer field for the folklorist can be found +than in their numerous trials, where all the details of their petty +devices and spells and charms are reported at length. There was the +corresponding duty imposed on it to exterminate all popular +superstitions throughout the land, and possibly it might have had a +measure of success in this if it could have treated these practitioners +as impostors. Unfortunately its jurisdiction over them was based on the +reality of their exercising demonic powers, and their persecution only +tended to confirm popular belief in the efficacy of their ministrations, +while the public reading of their sentences _con meritos_ spread abroad +the knowledge of their powers and formulas. + +If aught was lacking to strengthen belief in sorcery and divination it +was furnished, in 1585, by Sixtus V, in his solemn bull _Coeli et +Terræ_. In this he denounced astrology and all other species of +divination, all magic incantations, the invocation and consultation of +demons, the abuse of the sacraments, the pretended imprisonment of +demons in rings, mirrors and vials, the obtaining of responses from +demoniacs or lymphatic or fanatic women; he commanded all prelates and +bishops and inquisitors diligently to prosecute and punish all who were +guilty of these illicit divinations, sorceries, superstitions, magic, +incantations and other detestable wickedness, even though hitherto they +had no faculty to do so, and the rules of the Tridentine Index, +prohibiting all works on divination and magic were to be strictly +enforced.[413] The Spanish Inquisition, as we have seen, had long before +exercised all the faculties conferred by the bull, and it is difficult +to understand why, in 1595, it obtained for the first time, in the +commission issued to Inquisitor-general Manrique de Lara, a clause +covering all who practised these diabolical arts, and all who believed +and employed them--a clause retained in all subsequent commissions.[414] +The Inquisition, in fact, had not welcomed the bull, possibly in fear +of claims based on it of cumulative episcopal jurisdiction. It did not +allow it to be published in Spain until 1612 when, for some reason, a +Romance version was printed and sent to all the tribunals with orders +for its publication and enforcement, leading subsequent writers to +attribute to it the cognizance of these matters by the Inquisition.[415] + +[Sidenote: _EXCLUSIVE JURISDICTION_] + +Not only had the Inquisition, as we have seen, exercised jurisdiction +over sorcery, but as usual it claimed this to be exclusive and warned +off all trespassers. As a matter of form it conceded that non-heretical +sorcery was _mixti fori_--was subject to either the secular or spiritual +court which first commenced action[416]--but non-heretical sorcery had +become non-existent, and the Inquisition was as resolute in maintaining +its exclusive claims in this as in all else. It mattered little that, in +1598, the Córtes petitioned for the total abolition of all kinds of +sorcery, divination, auguries and enchantments, and that Philip II +responded by ordering the revival and enforcement of the ferocious law +of 1414 inflicting severe penalties on secular judges who did not put +sorcerers to death.[417] If this produced any effect, which is doubtful, +it was but temporary. Already, in 1594, we find the Toledo tribunal +compelling the corregidor to surrender Isabel de Soto, after he had +pronounced sentence. Her offences had been the giving of love-powders, +which she asserted were holy and need not be confessed; curing a child +with a parchment inscribed with crosses, and using certain divinations +to bring a man from the Indies--all harmless enough frauds, for which +she was sentenced to abjure _de levi_, to hear mass in the +audience-chamber and to undergo six years of exile. This severity, +however, was mercy itself in comparison with the corregidor's sentence, +which had been scourging and perpetual exile.[418] + +This assertion of exclusive cognizance continued. In 1648, Ana Andrés +was undergoing prosecution in both the secular and episcopal courts, +when the Valladolid tribunal claimed her, took her and tried and +sentenced her.[419] In 1659, Pedro Martínez Ruvio, Archbishop of +Palermo, issued an edict in which he proposed to enforce a brief of +Gregory XV, in 1623, directed against sorcerers. The Suprema promptly +presented to Philip IV a consulta, representing that simple +superstitions were justiciable by bishops but, where there was even +light suspicion of heresy, the Inquisition had exclusive cognizance. It +could inhibit him with censures it said, but a royal order prohibiting +him from proceeding with so prejudicial an innovation was preferable as +less demonstrative, and there can be no doubt that Philip signed +whatever letters the Suprema laid before him.[420] + +When dealing with the common run of officials, the Inquisition enforced +its claims with its customary peremptory aggressiveness. In 1701, the +Valencia tribunal learned that the _paheres_, or local officials of +Tortosa, were trying for sorcery Jusepa Zorita, Francisca Caset and a +girl. On November 30th they were ordered to cease proceedings under pain +of excommunication and five hundred ducats for each official concerned, +while Pedro Martin Aycart, archdeacon of the cathedral, was +commissioned, in case of disobedience, to post them on the church doors +as excommunicated, and to take possession of the accused in the royal +prison and hold them until further orders. There was some delay and, on +January 4, 1702, the authorities of Tortosa were served with a demand, +under the same penalties, to surrender the prisoners and the papers to +Aycart, with notification that prosecution would follow refusal. This +was effectual; the prisoners were surrendered and were duly tried by the +tribunal.[421] + + * * * * * + +Perhaps the most emphatic assertion of the authority of the Inquisition +is to be seen in its treatment of astrology. All divination which +pretended to reveal the future had long been regarded as heretical, on +account of its denial of human free-will and its assertion of fate. This +applied especially to astrology, with its array of horoscopes and its +assumption that the destinies of men were ruled by the stars. It was on +this ground that Pietro d'Abano, the greatest physician of his time, was +prosecuted and only escaped condemnation by opportunely dying, in 1316, +in Padua, and Cecco d'Ascoli, the foremost astrologer of the age, was +burnt alive in Florence, in 1327. In spite of these examples, the +profession of astrology continued to flourish unchecked, and astrologers +were indispensable officials in the courts of princes and prelates. +Theologians and canonists persevered in its condemnation. Ciruelo, while +admitting that the study of the influence of the stars on the weather +and on persons is lawful, like the practice of medicine, holds that +foretelling from them what they cannot foreshadow can only be done by +the aid of the demon, and all who practise this should be punished as +half-necromancers.[422] Simancas classes astrology with all other +methods of divination, which he attributes to the operation of the +demon, and those who make everything depend upon the stars are perfected +heretics.[423] These condemnations however were purely academical; the +old prohibitions had become obsolete; belief in the science was almost +universal; it was not only openly practised but openly taught, and there +is significance in the fact that, in the Index of 1559, while there are +general prohibitions of all books on necromancy and divination by lots, +there is none of those on astrology, which must have been numerous, and +only two obscure works on nativities are forbidden.[424] Indeed, one of +the petitions of the Córtes of 1570 represents that in consequence of +physicians not studying astrology many failed in their cures, wherefore +the king was asked to order that in the universities no one should be +graduated as a physician who was not a bachiller in astrology, to which +the royal reply was that the Council would consult the universities and +determine what was fitting.[425] + +[Sidenote: _ASTROLOGY_] + +It therefore manifests no little determination of purpose that, before +Sixtus V, in his bull of 1585, had ordered the suppression of astrology +by the Inquisition, the Suprema, in 1582, attacked it in its stronghold, +the University of Salamanca, sending thither in March the Valladolid +inquisitor, Juan de Arrese, with an edict condemning all the practices +of the so-called science. In a letter of the 10th, Arrese says that he +had been there for eight days, without having had an opportunity of +publishing the edict, but he expects to do so the next day. Then, on the +20th, he reports that he is obtaining the first results and is +overwhelmed with them; there are many who teach judicial astrology, both +genethliacal, in casting nativities, and in answering all questions put +to them, and they excuse themselves by saying that they only teach what +is in the books that are permitted. Those inculpated under the edict are +so numerous that it would be an infinite affair to punish them, and to +overlook them would be worse, for they expect to be allowed to continue. +Meanwhile he has taken testimony as to some and has suspended others +till he receives orders, to which the reply was to go on taking +testimony and report the results. Then, on March 31st he writes that he +is still gathering evidence against the teachers of astrology, among +whom are some who treat of invocation of demons and necromancy, +especially Diego Pérez de Messa, who had been banished for other +offences by the _maestre escuela_ and is in hiding, but Arrese had +ordered his arrest. Then, on April 24th, Arrese forwards a declaration +drawn up by Maestre Muñoz, professor of astrology, for such action as +the Suprema may please to take. At the same time he says that all those +occupied in making astrological predictions excuse themselves on the +ground that, under the statutes of the university, this is ordered to be +taught; he suggests that the Suprema shall prohibit teaching from such +books, and also judicial astrology, except as regards weather, but there +are also indications of magic, about which he promises further +information.[426] The documents before me fail to state what action the +Suprema took with the professors and teachers, but that this was the +condition in the foremost Spanish seat of learning indicates the +magnitude of the task of eradicating beliefs so widely spread and so +firmly established. That it forthwith suppressed the public teaching of +astrology is indicated by the Prohibitory Index, which appeared the +following year, 1583. This proscribed all books and writings that treat +of the science of predicting the future by the stars, and it forbade +all persons from forming forecasts as to matters dependent on free-will +or fortune. Yet it conceded the influence of the stars by permitting the +astrology which pertained to the weather and the general events of the +world, agriculture, navigation and medicine, and also that which +indicated at birth the inclinations and bodily qualities of the +infant.[427] + +This half-hearted condemnation was not calculated to overthrow the +belief of ages, and astrology maintained its hold on popular credulity. +It is said that, on the birth of Philip IV, in 1605, Philip III +consulted the celebrated Argoli, master of astrology in Padua, as to his +son's horoscope, and was told that the stars threatened the child with +so many disasters that he would certainly die in misery if he had not +for his inheritance the wide dominions of Spain--a prophecy which seems +to have been suggested by the event.[428] However this may be, the +Inquisition maintained its position and was active in prosecuting the +practitioners of the science as a means of divination. An experienced +writer, about 1640, states that, since 1612, astrologers had been +rigorously punished. Judicial astrology was permitted only in so far as +it related to commerce, agriculture and medicine. The casting of +horoscopes to predict the future, especially with regard to the death of +individuals--a frequent practice, productive of much evil--was +punishable by appearance in a public auto, abjuration de levi, exile and +fine proportioned to the means of the delinquent, while even further +severity was due to its employment for the detection of thieves and +finding things lost.[429] A clause was introduced, in the Edicts of +Faith, requiring the denunciation of all engaged in such practices, with +a careful accumulation of details that reveals how wide was the sphere +of influence ascribed to the stars.[430] + +[Sidenote: _PROCEDURE_] + +The severity visited upon astrologers shows the determination of the +Inquisition, and its estimate of the difficulty of the task. +Ecclesiastics, as we have seen, except when relaxed, were spared +appearance in public autos in order to avert scandal, but astrology was +made an exception and the penalties were extreme. Thus, in the Toledo +auto of October 7, 1663, there appeared Don Pedro Zacome Pramosellas, +arch-priest of Brimano (Cremona) sentenced to abjure _de levi_ and +perpetual banishment from Spain, after three years of galley-service, +besides prohibition to practice astrology or to read books on the +subject. So, in the Toledo auto of October 30, 1667, the Licentiate +Pedro López Camarena Montesinos, a beneficed priest of San Lorenzo of +Valencia, for judicial astrology and searching for treasures, was +condemned to abjure _de levi_, to four years in an African presidio, +followed by six years' exile from Madrid and Toledo, suspension from +Orders and deprivation of all ecclesiastical revenues.[431] This +severity, doubtless, did much to aid advancing intelligence in +outgrowing the ancient beliefs but, as late as 1796, we find Fray Miguel +Alberola, a lay-brother of San Pedro de Alcántara, prosecuted in +Valencia for using the "wheel of Beda"--evidently the _Petosiris_, a +device by which the motions of the moon were used in place of the +multitudinous and complex details of the stars and planets.[432] + + * * * * * + +Procedure in cases of sorcery had little to distinguish it from that in +ordinary heresy, except that, as a rule, torture was not employed. One +authority, indeed, tells that, although in Italy torture was used in +cases of heretical sorcery, it was never used in Spain, but another +assumes that in certain cases it was at the discretion of the +tribunal.[433] That this discretion was used is seen in the Mexican case +of Isabel de Montoya, a wretched old woman, in 1652, who freely +confessed to numerous devices for procuring money--charms and philtres +and conjurations. In addition to this was the evidence of her dupes, as +to her stories of her relations with the demon, which required +elucidation. She was tortured without extracting further confessions and +then was sentenced to a hundred lashes, three years' service in a +hospital and perpetual exile from Puebla.[434] + +As pact with the demon was the basis of inquisitorial jurisdiction over +sorcery, it was important to obtain from the accused admission of its +existence. To this end, in 1655, the Suprema issued special instructions +as to examination in all cases dependent on pact--instructions which +reveal implicit belief in the reality of the powers claimed for +sorcery. The accused was to be asked if the prayers, remedies and other +things employed produced the expected results wholly or partially, and +as they had not the natural virtues to effect this, what was the cause +of the result. When, in the prayers or conjurations, certain demons were +invoked, was it to make them appear and speak and in what mode or form. +Whether the invocation was in virtue of a pact, express or tacit, with +the demon and, if so, in what way had it been made. Whether the demon +sometimes appeared in consequence of the prayers or conjurations and, if +so, in what figure or guise, and what he said or did. With what faith or +belief they did these things and framed the remedies, and whether it was +with the intention and hope that the desired effect should be produced, +and with the belief that they would attain it, and whether they held +this for certain--with other similar interrogatories, suited for +particular cases.[435] + +[Sidenote: _PUNISHMENT_] + +Based on these instructions a curious series of formulas was drawn up, +adapted to all the different classes of offenders. As a sample of these +we may take the one used in the examination of Zahories, who assumed to +have a natural gift to see under the surface of the earth, involving no +heresy, so that they were subject to the Inquisition only through an +arbitrary assumption that their work must necessarily require the aid of +the demon, in which there was no _parvitas materioe_, and that it was +a mortal sin to employ them. The Zahori is to be asked whether it is +true that he can see clearly and distinctly what is hidden under the +earth and to what distance his vision penetrates; whether this power is +confined to buried treasure, or extends to other things; at what age and +on what occasion he first recognized the possession of this power; +whether it is continuous, or stronger at times than at others; whether +he has exerted this power and has found it effective; whether he has +thus obtained treasures and, if so, of what kind or amount; who assisted +him and whether the treasures were divided and what then happened; +whether to reach the treasure, either in preparation or at the time of +raising it, anything else was done, such as masses, prayers, +conjurations, fumigations, invocations of saints or of other unknown +names, or use was made of holy water, blessed palms, lights, +genuflections, reading from a book or paper or other similar means; +whether some treasures are more difficult to obtain than others and, if +so, from what cause, such as enchantment; whether Zahories have any +sign by which this power is recognized, and whether they recognize each +other; in what principally does this power consist; whether money has +been paid to him for pointing out a place where treasure was hidden and, +if so, where he received it and what was the spot designated.[436] We +can readily see how apt would be such an interrogatory, followed up by a +trained examiner, to lead to admissions justifying implied pact, +especially as there was a craze for finding buried treasure, and a +wide-spread belief that stores of it were hidden underground, awaiting +the coming of Antichrist, and guarded by demons, who must be placated or +subdued before the gold could be secured. + +In all this it is evident that the inquisitor, if conscientious, must +himself have been firmly convinced of the truth that all the arts of +sorcery, simple as many of them were, were based on demonic aid. Yet the +occasional use of the term _embustero_ shows that it was sometimes +recognized that there was imposture as well as pact. Thus, in the +Córdova auto of December 21, 1627, three women appeared, Ana de Jodar, +sentenced to two hundred lashes in Córdova and one hundred in Villanueva +del Arzobispo, with six years of exile; María de San Leon, to a hundred +lashes and four years of exile and Francisca Méndez to vergüenza and +exile. Now all these were declared to be sorceresses, invokers of demons +with whom they had pacts, and their feats, as detailed in the sentences, +showed them to be adepts and yet they were all stigmatized in addition +as _embusteras_.[437] So, in the Saragossa auto of June 6, 1723, +Sebastian Gómez is described as _supersticioso y embustero_, though his +sentence of two hundred lashes and perpetual service in a hospital with +shackles on his feet shows that his offence was not regarded as mere +imposture.[438] + + * * * * * + +Severe as may seem some of the sentences alluded to, there is no +question that, in most cases, the delinquents were fortunate in having +the Inquisition as a judge rather than the secular courts, which +everywhere showed themselves merciless where sorcery was concerned. We +have seen the demand, in 1598, for the revival of the savage law of +1414, and this rigor had the support not only of popular opinion but of +the learned. Ciruelo taught that all vain superstitions and sorcery were +inventions of the devil, wherefore those who learned and practised them +were disciples of the devil and enemies of God. There was no distinction +between classes of offenders; all were to be persecuted with unsparing +rigor. Thieves, he argued were properly hanged or beheaded, because +every thief is presumed to be a homicide, and much more should it thus +be with every sorcerer, as his efforts were directed rather against +persons than property.[439] Torreblanca tells us that Huss and Wickliffe +and Luther and almost all heretics contend against the punishment of +sorcerers, but this is heretical, detestable and scandalous, and all +orthodox authorities teach that they should be unsparingly put to death +and be persecuted by both the spiritual and temporal swords.[440] It is +well to bear in mind this consensus of opinion when considering the +practice of the Inquisition. In the tribunals there was nothing to +control the discretion of the judges save the Suprema, and that +discretion showed itself in a leniency difficult to understand, more +often than in undue harshness, and even their harshness was less to be +dreaded than the mercy of the secular law. The systematic writers lay +down the rule that, if the culprit confesses to pact with the demon, he +is presumably an apostate; if he begs mercy he is to be admitted to +reconciliation in an auto, with confiscation and a hundred lashes or +vergüenza; if he is not an apostate, the reconciliation is modified to +abjuration _de levi_ and the scourging to vergüenza.[441] These rules, +however, were not observed; reconciliation was exceedingly rare, +abjuration _de vehementi_ was unusual, abjuration _de levi_ almost +universal, and the tribunals exercised wide discretion in the infliction +of the most diverse penalties. + +[Sidenote: _PUNISHMENT_] + +A few cases will illustrate how completely the temper of the tribunal +influenced the sentences. In 1604, Valencia seems to have had +exceptionally lenient inquisitors. Alonso Verlango, desiring to +compromise a suit, hired a woman to perform the conjuration of the +_ampolletas_ or vials, placing in them wine, sulphur and other things, +and throwing them into the fire, with the adjuration that as they burnt +so might the hearts of men come to an agreement. There was also the +conjuration of the oranges, cutting nine of them and placing in them +oil, soap, salt and other things, with the formula that, as oil gives +flavor, so might it be with the men; also driving a nail into each and +saying that the nails were driven into their hearts. In both of these +conjurations were invoked Bersabu, Satanas and other demons, the great +and the crippled, along with St. Peter, St. Paul and other saints. There +was also a long conjuration with a virgin child by which one could learn +whatever was desired. Verlango himself, moreover, used conjurations to +discover treasures and possessed the Dream-book of Solomon, "Vaquerio" +and Cardan _de Proprietatibus Rerum_. For all this he escaped with a +reprimand and hearing mass in the audience chamber, abjuration _de levi_ +and two years of exile. Another case was that of Fray Miguel Rexaque, a +priest of the Order of Montesa, who denounced himself for going with an +Italian fraile, a virgin girl and some others, to discover treasure. +They dug a hole; the Italian with an olive wand made a circle, in which +was lighted a blessed candle; incense was burnt and the angels were +summoned to drive away the demons guarding the treasure for the coming +of Antichrist, and there was also a response from a demon obtained by +the girl looking into a mirror. When the papers were submitted to the +Suprema it ordered Rexaque to be reprimanded and the case to be +suspended, while the girls who officiated had only a year's exile and +some spiritual penances. More serious was the ease of Francois Difor, a +French priest, and Francisco Juseria, a student, for it involved +sacrilege. They sought the advice of an adept, who told them to baptize +three coins with certain names and the coins when paid out would return +to their purses. Difor solemnly baptized three pesos; Juseria spent them +for fritters and pastry, but they did not come back. Under instructions +of a confessor, they denounced themselves; they were duly tried and +sentenced to abjure _de levi_, to be severely reprimanded and to perform +some slight spiritual penances.[442] + +Valladolid furnishes similar examples of leniency. In 1629, Isabel +García, a married woman, under trial confessed that to regain a lover +she had invoked the demon, who appeared in human shape, when she entered +into explicit pact with him and performed various other sorceries, yet +she was sentenced only to abjure _de levi_ and to four years' exile from +Valladolid and Astudilla. The next year Gabriel de Arroya, under +pressure from a confessor, denounced himself and stated that, carried +away by the passion of gambling, he had, during the last seven years, +gone five times into the open fields, and invoked the demon to give him +money for stakes, promising in return to devote his first child to the +demon and offering to sign with his blood a pact to that effect. It is +true that the demon never appeared, nor did he get money that seemed to +come from such a source. In the consulta de fe, some of the members +pronounced him to be vehemently suspect, others lightly, but it was +finally voted to suspend the case without sentence and to reprimand him +in the audience-chamber.[443] + +[Sidenote: _PUNISHMENT_] + +There is contrast between these and some cases, in 1641, gathered in by +a Valladolid inquisitor during a visitation in Astorga. Eight old men +and women _curanderos_, whose offences consisted in superstitious cures +of the most harmless character, were arrested and brought to Valladolid, +where they were confined for months in the secret prison, to be finally +sentenced to more or less prolonged exile, their simple ministrations +being characterized as implicit pact with the demon. On the other hand, +the Licentiate Pelayo de Ravanal, cura of Anicio, who charged +twenty-three reales for blessing and ineffectually sprinkling with holy +water a herd of sick cattle, and who failed in a superstitious cure of a +husband and wife, was not arrested but was privately summoned and +reprimanded in the apartments of the senior inquisitor. There were also +two cases of _loberos_--practitioners whose speciality consisted in +preserving sheep from wolves. One was Macias Pérez, a shepherd of Medina +del Campo, accused by ten witnesses of having the wolves at his command, +and using them to injure whom he pleased; five testified that he had +threatened them with the wolves and that consequently many of their +sheep had been destroyed. The other, Juan Gutiérrez of Baradilla, +speculated on his neighbors, who gave him grain, kids, sheep etc., to +preserve their flocks. The calificadores held this to be implicit pact +but, although both were arrested, both escaped with reprimands.[444] The +same moderation was exhibited by the tribunal of Toledo, in a curious +case, in 1659. Juan Severino de San Pablo, of Wilna in Lithuania, was +living as a hermit in the Sierra Morena. He had a skull which he had +laboriously inlaid with silver images; this he exhibited and gave +certificates as cures for tertian fevers. After his trial had been +carried to the accusation, it was suspended; he was severely reprimanded +and threatened with a hundred lashes for relapse; the skull was buried +in consecrated ground, but not until the silver had been carefully +removed and given to the receiver in part settlement for the culprit's +maintenance in prison.[445] + +There are two colonial cases which illustrate the capricious character +of these judgements. In 1760, at Lima, a Guinea negro slave named Manuel +Galiano, aged 70, was tried as a _curandero_. Several cases were in +evidence in which he had cured swellings that had baffled the faculty, +by making a small incision, inserting a hollow cane and sucking out +blood, which would be accompanied with maggots, scorpions, lizards, +snakes and the like, after which he would apply certain crushed herbs. +It was decided that this inferred pact with the demon; he was arrested +and freely admitted the cures, explaining that he hid the animals in the +cane and blew them forth as though they had been drawn from the +swelling; he had pronounced the patients to be bewitched and received +four or five pesos for the cure; he had also pretended to give a charm +to another slave. The case was simple enough but the trial was prolonged +for three years, during which he lay in prison, to be finally sentenced +to appear in an auto, with the insignia of sorcery and a halter, to +vergüenza and to five years (counted from the time of his arrest) of +service in a hospital.[446] + +In wholesome contrast to this was a similar case in Mexico, in 1794. +Juana Martínez was an Indian aged 40, married to a mulatto. She made her +livelihood as a _curandera_, using a decoction of the root of a plant +known as _palo de Texer_ or _Peyote_, which she gathered with invocation +of the Trinity and three signs of the cross--ceremonies which she +repeated when administering the remedy--and she said that her patients +ejected, from mouth and nose, insects, flies etc., which was a sign that +they had been bewitched. She also had an image of the Virgin, which she +kept in a little reliquary and declared that it performed miracles. In +short, she was an accomplished _embustera_, and she richly earned the +designation in the accusation of a simulator of miracles. Mariano de la +Piedra Palacio, cura and ecclesiastical judge of their village, +Temasunchale, arrested the pair and sequestrated their little property. +By active threats of scourging he elicited a confession that she had +invoked the devil who appeared and taught her the art, and that she +operated by his power. It was a clear case of sorcery and he handed +them over to the Inquisition. The long journey to Mexico was performed +handcuffed and they were consigned to the secret prison, July 22. A +little skilful pressure brought Juana to admit that both the miracles of +the Virgin and the insects voided by her patients were impostures. The +fiscal chanced to be somewhat of a rationalist and, on August 4th he +presented a report of a character not usual in the Inquisition. + +He pointed out that the consummate ignorance of Cura Mariano had already +caused these poor creatures sufficient suffering in tearing them from +their home, defaming them, arresting them obstreperously and sending +them to the prison of the tribunal without reason or justice. It was he +who was to blame, for their ignorance was attributable to him, whose +duty it was to instruct them. Assuming then that there was no legal +basis for prosecution and that their lies were sufficiently punished by +what they had endured, the fiscal suggested their discharge, with orders +to abstain in future from cures and miracles, under pain of rigorous +punishment, while the cura was to be warned to avoid future meddling +with what pertained to the Inquisition. He should also be told to +restore to them the mare and colt which he had unlawfully embargoed, to +send at his own cost proper persons to conduct the prisoners comfortably +home, and moreover that he and his vicars must see to the proper +instruction of his flock. The tribunal was not prepared to rise to this +height of justice, but it discharged the prisoners and notified Mariano +to return to them the mare and colt and whatever else he had seized, +without charging for their keep, and further to present himself to the +tribunal on his first visit to the capital.[447] + +[Sidenote: _PERSISTENT BELIEF_] + +Yet, notwithstanding the sanity of the conclusions reached in this case, +there was no surrender of belief in the reality of sorcery and of +demonic influence. Far more effective for the suppression of sorcerers +was the position assumed, in 1774, by the Inquisition of Portugal under +the guidance of Pombal. In its reformed regulations it takes the ground +that malignant spirits cannot, through pacts with sorcerers and +magicians, change the immutable laws of Nature established by God for +the preservation of the world; that the theological argument of cases in +which God permits such spirits to torment men has no application to +legislature or law. Those who believe that there are arts which teach +how, by invocations of demons, or imprecations, or signs, to work the +wonders ascribed to sorcerers, fall into the absurdity of ascribing to +the demon attributes belonging solely to God. Thus the two pacts, +implicit and explicit, are equally incredible and there is no proof of +them in the trials which for two centuries have been conducted by the +Inquisition, save the unsupported confessions of the accused. From this +it is deduced that all sorceries, divinations and witchcraft are +manifest impostures, and the practical instructions, based on these +premises, are that offenders are not to be convicted of heresy but of +imposture, deceit and superstition, all of which is to be pointed out in +the sentence, without giving the details as formerly. The penalties +imposed are severe--scourging, the galleys and presidio, while if any +one defends himself by asserting that these practices are legitimate, +that a pact can be made with the demon, and that his operations are +effective, he is to be confined, without more ado, in the Hospital Real +de Todo os Santos--the insane hospital.[448] + +The Spanish Inquisition was too orthodox to accept so rationalistic a +view of sorcery, and continued to prosecute it as a reality. In 1787, +Madrid was excited by an auto in which an impostor named Coxo was +sentenced to two hundred lashes and ten years of presidio. He had +thrived by selling philtres to provoke love, formed indecently of the +bones and skin of a man and a woman, for which he had numerous +customers, including ladies of quality. The affair abounded in +lascivious details, which, when inscribed on the insignia hung in the +church caused no little scandal.[449] In 1800, Diego Garrigo, a boy of +13, was prosecuted by the Seville tribunal for superstitious cures when, +probably on account of his tender years, he escaped with a warning.[450] +In 1807 the trial in Valencia of Rosa Conejos shows how the insatiable +credulity of the vulgar was fed by the inexhaustible ingenuity of the +impostor. She had been giving instructions as to charms by which +supernatural powers could be gained, for the character of which a single +example will suffice. After 11 o'clock at night, place on the fire a +vessel full of oil; when it boils, throw in a living cat and put on the +lid; at the stroke of midnight remove it and inside the skull of the cat +will be found a little bone, which will render the person carrying it +invisible and enable him to do whatever he pleases; the bone will ask +"What do you want?" but if carried across running water it will lose its +virtue.[451] + +Under the Restoration, cases become less numerous than of old, but there +is no change in the attitude of the Inquisition. In 1818, for instance, +the Suprema on February 12th, ordered the arrest and imprisonment, by +the Seville tribunal, of Ana Barbero, for superstition, blasphemy and +pact with the demon and, for these offences, she was sentenced, October +15th, to abjuration _de levi_, spiritual exercises, six years of exile +and two hundred lashes--the latter being humanely commuted by the +Suprema to eight years' reclusion in a reformatory for loose women. The +same tribunal ordered, June 17th, Francisca Romero to be thrown in the +secret prison, with embargo of property, as a superstitious _curandera_ +and a year later, June 18, 1819, we find her sentenced to the ordinary +penalties of exile and two hundred lashes, the latter of which were +mercifully omitted by the Suprema.[452] Belief in the virtues of the +consecrated wafer was as lively as ever and prosecutions were frequent +for retaining it, as that of Doña Antonia de la Torre, in 1815, by the +Granada tribunal, for taking repeated communions in a day, retaining the +forms and converting them to an evil use.[453] Treasure-seeking was not +forgotten. In 1816 the Santiago tribunal discovered a book of +conjurations for the purpose, which was promptly prohibited by edict, +all copies were to be seized, investigation was ordered into popular +beliefs and Fray Juan Cuntin y Duran was prosecuted for using the +conjurations. This probably led to the discovery, in 1817, at Tudela of +a similar MS. work which the Suprema ordered to be suppressed.[454] + + * * * * * + +[Sidenote: _PERSISTENT BELIEF_] + +It is easy to understand that the prosecution of sorcery constituted a +not inconsiderable portion of the duties of the Inquisition, at least +during the later stages of its career. Cases were comparatively few as +long as only serious matters were held to fall within its jurisdiction +but, with the extended definition of pact, they increased considerably +and, as the business of prosecuting Moriscos and Judaizers declined, its +energies were more largely directed to the wise-women and the sharpers +who found a precarious livelihood in the vulgar superstitions pervading +the community. Thus, in the Toledo record, from 1575 to 1610, out of a +total of 1172 cases, there are only eighteen of sorcery, or a trifle +over one and a half per cent., while, in the same tribunal from 1648 to +1794 there are a hundred out of a total of 1205, or about eight and +one-third per cent.[455] Occasionally they furnish the chief part of the +business of a tribunal. In the Valencia auto of July 1, 1725, fifteen of +the eighteen penitents were sorcerers and, in that of Córdova, December +5, 1745, there were five out of eight.[456] A record of the business of +all the tribunals, from 1780 to the suppression in 1820, furnishes a +total of four hundred and sixty-nine cases of which a hundred and +sixteen may be classed as maleficent and three hundred and fifty-three +as merely superstitious.[457] + +Belief in the powers of sorcery had been too strongly inculcated to +disappear with the cessation of persecution. A modern writer assures us +that all the old superstitions flourish as vigorously as +ever--conjurations and formulas to cure or to kill, to foretell the +future, to create love or hatred, to render men impotent and women +barren, to destroy the flocks and herds and harvests, to bring tempests +and hail-storms. The wise-woman is as potent as of yore in her control +of the forces of nature and the passions of man, and the profession is +as well filled and as well paid as in the sixteenth century.[458] We can +readily believe this when Padre Cappa, S. J., in his defence of the +Inquisition, gravely assures us that communications and compacts with +the demon are incontestable and are as frequent as formerly.[459] + + * * * * * + +We have still to consider a further development of the belief in the +malignant power of the demon working through human instruments, in which +the Inquisition of Spain rendered a service of no little magnitude. + + + + +CHAPTER IX. + +WITCHCRAFT. + + +The culmination of sorcery was witchcraft and yet it was not the same. +In it there is no longer talk of pact with the demon, express or tacit, +to obtain certain results, with the expectation of washing out the sin +in the confessional and thus cheating the devil. The witch has abandoned +Christianity, has renounced her baptism, has worshipped Satan as her +God, has surrendered herself to him, body and soul, and exists only to +be his instrument in working the evil to her fellow-creatures, which he +cannot accomplish without a human agent. That such a being should excite +universal detestation was inevitable, and that no effort should be +spared for her extermination was the plainest duty of legislator and +judge. There are no pages of European history more filled with horror +than those which record the witch-madness of three centuries, from the +fifteenth to the eighteenth. No land was more exposed to the contagion +of this insanity than Spain where, for more than a hundred years, it was +constantly threatening to break forth. That it was repressed and +rendered comparatively harmless was due to the wisdom and firmness of +the Inquisition. + +[Sidenote: _THE SABBAT_] + +This witch-madness was essentially a disease of the imagination, created +and stimulated by the persecution of witchcraft. Whereever the +inquisitor or civil magistrate went to destroy it by fire, a harvest of +witches sprang up around his footsteps. If some old crone repaid +ill-treatment with a curse, and the cow of the offender chanced to die +or his child to fall sick, she was marked as a witch; the judge had no +difficulty in compelling such confession as he desired and in obtaining +a goodly list of accomplices; everyone who had met with ill-luck hurried +forward with his suspicions and accusations. Every prosecution widened +the circle, until nearly the whole population might become involved, to +be followed by executions numbered, not by the score but by the hundred, +in blind obedience to the scriptural injunction "Thou shalt not suffer a +witch to live." All destructive elemental disturbances--droughts or +flood, tempests or hail-storms, famine or pestilence--were ascribed to +witchcraft, and victims were sought, as though to offer propitiatory +holocausts to the infernal gods or expiatory sacrifices to the Creator. + +Belief in witchcraft was of comparatively recent origin, dating from the +middle of the fourteenth century. Malignant sorcery had been known +before, but the distinctive feature of the Sabbat first makes its +appearance at this period--the midnight gathering to which the devotees +of Satan were carried through the air, where they renounced Christ and +worshipped their master, in the shape usually of a goat, but sometimes +in that of a handsome or hideous man; where they feasted and danced and +indulged in promiscuous intercourse, accommodating demons serving as +incubi or succubi, and were conveyed back home, where other demons, +assuming their shape, had protected their absence from observation.[460] + +The development of this myth would seem ascribable to the increasing +rigor of persecution towards the end of the fourteenth century, when, as +we have seen, the University of Paris formulated the theory that pact +with Satan was inherent in all magic, leading judges, in their eager +exploration of cases brought before them, to connect this assumed pact +with an old belief of night-riders through the air, who swept along in +gathering hosts. With the methods in use, the judge or the inquisitor +would have little difficulty in finding what he sought. When once such a +belief was disseminated by trials and executions, the accused would seek +to escape endless torture by framing confessions in accordance with +leading questions and thus a tolerably coherent, though sometimes +discordant, formula was developed, to which witches in every land were +expected to conform. That this was a new development is shown by the +demonologists of the fifteenth century--Nider and Jaquerius, Sprenger +and Bernardo da Como--treating witches as a new sect, unknown before +that age, and to this Innocent VIII impliedly gave the sanction of the +Holy See in his well-known bull, _Summis desiderantes_, in 1484. This +rapidly growing belief in the power of witchcraft and the duty of its +extermination were stimulated by nearly every pope for almost a hundred +years--by Eugenius IV in 1437 and 1445, by Calixtus III in 1457, by Pius +II in 1459, and, after the special utterance of Innocent VIII, by +Alexander VI in 1494, by Julius II, by Leo X in 1521, by Adrian VI, in +1523 and by Clement VII in 1524.[461] + +While, for the most part, the so-called confessions of witches under +trial were the result of the torture so unsparingly employed, there can +be little doubt that at least a portion were truthful accounts of +illusions really entertained. Even as the trances and visions of the +mystics, such as Santa Teresa and the Venerable María de Agreda, are +attributable to auto-hypnotism and auto-suggestion so, when the details +of the Sabbat were thoroughly established and became as much a part of +popular belief as the glories seen in mystic ecstasy, it is easy to +understand how certain temperaments, seeking escape from the sordid +miseries of laborious poverty, might acquire the power of inducing +trances in which the transport to the meeting-place, the devil-worship +and the sensual delights that followed, were impressed upon the +imagination as realities. The demonographers give us ample accounts of +experiments in which the suspected witch was thrown into a trance by the +inunction of her ointment and, on awaking, gave a detailed account of +her attendance on the Sabbat and of what she did and saw there. This +should be borne in mind when following the long debate between those who +upheld the reality of the Sabbat and those who argued that it was +generally or always a delusion. + +[Sidenote: _THE SABBAT_] + +To appreciate the attitude of the Spanish Inquisition in this debate the +origin of the myth must be understood. The flying by night of female +sorcerers to places of assemblage was an ancient belief, entertained by +Hindus, Jews and the classical nations. This was handed down through the +middle ages, but was regarded by the Church as a relic of paganism to be +suppressed. There was an utterance, not later than the ninth century, +which denounced as an error, induced by the devil, the popular belief +that wicked women ride through the air at night under the leadership of +Diana and Herodias, wherefore priests everywhere were commanded to +disabuse the faithful and to teach that those who professed to take part +in these nocturnal excursions were deluded by dreams inspired by the +demon, so that he who believed in their reality entertained the faith of +the devil and not that of God. This utterance was ascribed to an +otherwise unknown Council of Anquira; it passed through all the +collections of canons--Regino, Burchard and Ivo--found a place finally +in the authoritative Decretum of Gratian, where it became known to +canonists as the _canon Episcopi_.[462] + +When, therefore, in the fifteenth century, there was formulated the +perfected theory of the witches' Sabbat, it had to struggle for +existence. No theologian stood higher than St. Antonino, Archbishop of +Florence, yet in his instructions to confessors, he requires them to +ascertain from penitents whether they believe that women can be +transformed into cats, can fly by night and suck the blood of children, +all of which he says is impossible, and to believe it is folly. Nor was +he alone in this, for similar instructions are given by Angelo da +Chivasso and Bartolommeo de Chaimis in their authoritative manuals.[463] +The new school could only meet the definitions of the can. Episcopi by +asserting that witchcraft was the product of a new sect, more pernicious +than all former inventions of the demon. This brought on a warm +discussion between lawyers like Ponzinibio on the one side and papal +theologians on the other, such as Silvester Prierias, Master of the +Sacred Palace and his successor Bartolommeo Spina, and the authority of +the Holy See triumphed over scepticism. + +Spain, in the fifteenth century, lay somewhat out of the currents of +European thought, and the new doctrine as to the Sabbat found only +gradual acceptance there. Alfonso Tostado, Bishop of Avila, the most +learned Spanish theologian of the time, in 1436, treats the Sabbat as a +delusion caused by the inunction of drugs, but subsequently he argues +away the can. Episcopi and says that the truth is proved by innumerable +cases and by the judicial penalties inflicted.[464] Even so bigoted and +credulous a writer as Alonso de Espina treats it as a delusion wrought +by the demon to whom the witch has given herself and so does Cardinal +Torquemada, in his Commentary on the Decretum.[465] Martin de Arles, +Canon of Pampeluna, speaks of the _Broxæ_ who flourished principally in +the Basque provinces, north of the Pyrenees; the belief in them he +treats as a false opinion and quotes the can. Episcopi as +authoritatively proving it to be a delusion. At the same time he admits +that sorcerers can ligature married folk, can injure men and devastate +their fields and harvests, which are works of the demon operating +through them.[466] Bernardo Basin, of Saragossa, who had studied in +Paris, took a middle ground; the Council of Anquira is not +authoritative, in some cases there may be illusions sent by the demon, +in others the Sabbat is a reality.[467] In 1494, the Repertorium +Inquisitorum recognizes the existence of witches, who were popularly +known as _Xorguinas_; it quotes the essential portion of the can. +Episcopi in answer to the question whether they are justiciable by the +Inquisition, adding that such a belief is an illusion wrought by the +demon but, although it is folly, it is infidelity worse than paganism, +and can be prosecuted as heresy.[468] The Inquisition itself could have +no doubt as to its powers; if the Sabbat was true, the witch was an +apostate; if a delusion, she was a heretic and in either case subject to +its jurisdiction. + +[Sidenote: _DOUBT AND INQUIRY_] + +This reference to Xorguinas shows that witches were already well known +in Spain, and we can assume from subsequent developments that their +principal seat was in the mountainous districts along the Pyrenees, +penetrating perhaps from France and favored by the ignorance of the +population, its sparseness and poverty.[469] The earliest case, however, +that I have met of prosecution by the Inquisition was in 1498, when +Gracia la Valle was burnt in Saragossa. This was followed in 1499 by the +burning of María, wife of García Biesa and, in January 1500, by that of +three women, Nanavina, Estefabrita and Marieta, wife of Aznar Pérez. +There was an interval then until 1512, when there were two victims, +Martina Gen and María de Arbués. There was no other in Saragossa until +1522, when Sancha de Arbués suffered, and the last one in the record is +Catalina de Joan Díez, in 1535.[470] Persecution would seem to be more +active in Biscay, for Llorente quotes from a contemporary MS. a +statement that in 1507 there were burnt there more than thirty witches, +leading Martin de Arles y Andosilla to write a learned treatise on the +subject, printed in Paris in 1517.[471] It would seem that, in 1517, +there was a persecution on foot in Catalonia, for the Barcelona +inquisitors were ordered to visit the mountainous districts, especially +in the diocese of Urgel, to publish edicts against the witches and to +prosecute them with all rigor.[472] Doubtless there were other +developments of which no trace has reached us, and there was every +prospect that Spain would be the seat of an epidemic of witchcraft +which, if fostered by persecution, would rival the devastation +commencing throughout the rest of Europe. + +The time had scarce come for a change of policy, but there is a +manifestation of a spirit of doubt and inquiry, very different from the +unreasoning ferocity prevalent elsewhere. Arnaldo Albertino tells that, +in 1521, at Saragossa, by command of Cardinal Adrian, he was called in +consultation by the Suprema, over two cases, when he pronounced the +Sabbat to be a delusion.[473] Possibly one of these cases may have been +the woman who, we have seen, was burnt at Saragossa in 1522, but the +effect of such a discussion is visible, in this same year 1522, in an +Edict of Grace addressed to the witches of Jaca and Ribagorza, granting +them six months in which to come forward and confess their +offences.[474] Considering that, about this time, Leo X and Adrian VI +were vigorously promoting the massacre by wholesale of witches in the +Lombardo-Venitian valleys, and resenting any interference with the +operation of the inquisitors, such action on the part of the Suprema is +of marked significance. + +It evidently felt the matter to be one requiring the most careful +consideration and, on the outbreak of a witch-craze in Navarre, +stimulated by the secular authorities, it assembled, in 1526, a +"congregation" in Granada, laid the papers before it and asked its +examination of the whole subject, which was condensed into six +questions, going to the root of the matter: 1. Whether witches really +commit the crimes confessed, or whether they are deluded. 2. Whether, if +these crimes are really committed, the culprits are to be reconciled and +imprisoned, or to be delivered to the secular arm. 3. Whether, if they +deceive and do not commit these things, they are to be similarly +punished, or otherwise. 4. Whether the cognizance of these crimes +pertains to the Inquisition and if so, whether this is fitting. 5. +Whether the accused are to be judged on their confessions without +further evidence and to be condemned to the ordinary punishment. 6. What +will be a wholesome remedy to extirpate the pest of these witches.[475] +The mere submission to rational discussion of such a series of questions +shows a desire to reach a just method of treatment, wholly at variance +with practice elsewhere, when legislators and judges were solely +occupied with devising schemes to fight the devil with his own weapons +and to convict, _per fas et nefas_, the unfortunates who chanced to +incur suspicion.[476] + +[Sidenote: _DOUBT AND INQUIRY_] + +The ten members of the congregation were all men of consideration and +included the Licentiate Valdés, in whom we may recognize the future +inquisitor-general. On the first question, as to reality or delusion, +the vote stood six to four in favor of reality, Valdés being one of the +minority and explaining that he regarded the proofs of the accusations +as insufficient, and desired inquisitors to be instructed to make +greater efforts at verification. The second question was of the highest +importance. For ordinary heresy, confession and repentance ensured +exemption from the stake but, in the eagerness to punish witchcraft, +when a witch confessed it was customary to abandon her, either formally +or informally, to be punished by the secular authorities for the crimes +assumed to be proved against her--usually sucking the blood of children +or encompassing the death of adults. Obedience to the Scriptural +injunction of not suffering a witch to live was general.[477] On this +point there was wide variety of opinion, but the majority decided that, +when culprits were admitted to reconciliation, they were not to be +remitted to the secular judges, to be punished for homicides, for such +homicides might be illusory, and there was no proof beyond their +confessions; after they had completed the penance assigned to them, if +the secular judges chose to try them for homicide, the Inquisition could +not interfere. This decision was adopted in practice and, some years +later, was cited in justification of protecting convicted witches from +the secular courts. + +[Sidenote: _ACTIVE PERSECUTION_] + +On the third question, votes were too much divided for any definite +result. On the fourth there was substantial affirmative agreement. On +the fifth, five voted that confession sufficed, but Valdés limited its +sufficiency to the minor inflictions of exile, vergüenza and scourging. +With regard to the final question, as to remedial measures, it is worthy +of remark that only three suggested greater activity and severity of the +Inquisition; nearly all favored sending preachers to instruct and +enlighten the ignorant population; two proposed reforming the regular +clergy, and one the secular beneficed clergy; several thought well of +building churches or monasteries on the spots where the Sabbats were +held; one recommended an edict promising release from confiscation for +those who would come forward within a specified time, and two voted that +the Inquisition should give material aid to the poorer suspects, in +order to relieve them from temptation. Valdés further presented detailed +instructions for inquisitors, the most important of which were that the +statements of witches implicating other parties were not to be accepted +as satisfactory evidence, and that, when accused to the Inquisition, it +should be ascertained whether they had already been tortured by the +secular judges.[478] Halting as these deliberations may seem, they +manifest gleams of wholesome scepticism and an honest desire to reach +the truth, when elsewhere throughout Christendom such questions were +regarded as beyond discussion. Yet for awhile the Suprema was not +prepared to allow these opinions to influence action. In 1527 there was +an outbreak of witchcraft in Navarre, the treatment of which by +Inquisitor Avellaneda he reports in a letter written, in response to an +inquiry from Iñigo de Velasco, Constable of Castile. Witchcraft, he +declared, was the worst evil of the time; he had written to the king and +twice to the Suprema urging a remedy, but neither at court nor on the +spot was there any one who understood its cure. For six months he had +been laboring in the mountains, where, by the help of God, he had +discovered many witches. In a raid on the valley of Salazar he had +captured a number and brought them to Pampeluna where, with the regent +and members of the Royal Council and other doctors and lawyers, the +whole subject was discussed; it was agreed that witches could be carried +through the air to the Sabbat, and that they committed the crimes +ascribed to them--principally, it would seem, on the strength of an +experiment which he had tried with one of his prisoners. On a Friday at +midnight he allowed her to anoint herself with the magic unguent which +they used; she opened a window overhanging a precipice, where a cat +would be dashed to pieces, and invoked the demon who came and deposited +her safely on the ground--to be recaptured on Monday with seven others, +three leagues away. These were all executed, after which he prosecuted +his researches and discovered three places of assemblage--one in the +valley of Salazar, with two hundred and fifty members, of whom he had +captured sixty, another with eighty members in another valley and a +third near Roncesvalles with over two hundred. Fifty had been executed +and he hoped, with the favor of God to despatch twenty more. He had +discovered that which, if proper assistance were given to him, would +redound to the great service of God and benefit to the Republic for, +without God's mercy, the evil would grow and the life of no one would be +safe. To gratify the curiosity of the constable, Avellaneda proceeded to +give a detailed account of the wonders and wickedness of the Sabbat and +the evils wrought by witches. In spite of all his efforts the demon +urged them on to still greater crimes by showing them phantoms of those +who had been executed, pretending that he had resuscitated them and +would resuscitate all who might be put to death. This evil, he +concludes, is general throughout the world. If the constable wishes to +ascertain whether there are witches in his district, he has only to +observe whether the grain is withered while in bloom, or the acorns fail +in the mountains, or there are children smothered, for wherever these +things occur, there are witches.[479] Altogether, Avellaneda affords a +typical illustration of the manner in which witchcraft was created and +spread by the witch-finders. + +There is no reason to suppose that Avellaneda was reproved for the +exuberance of his zeal, for his policy was continued in 1528, when the +witch epidemic was extending to Biscay, and the civil authorities were +arresting and trying offenders. More eager to assert the jurisdiction of +the Inquisition than to adopt the conclusions of the congregation, on +February 22, 1528, Inquisitor-general Manrique ordered Sancho de +Carranza de Miranda, Inquisitor of Calahorra, to go thither with full +powers to investigate, try and sentence, even to relaxation, the witches +who are reported to have abandoned the faith, offered themselves to the +devil and wrought much evil in killing infants and ruining the harvests. +He is to demand from the civil authorities all who have been arrested +and the papers concerning their cases, for this is a matter pertaining +to the Inquisition. A thorough inquest is to be made in all infected +places, and edicts are to be published summoning within a given time and +under such penalties as he sees fit, all culprits to come forward and +all cognizant of such offences to denounce them.[480] There is in this +no injunction of prudence and caution, no requirement that the cases are +to be submitted for confirmation to the Calahorra tribunal; Carranza is +provided with a fiscal and a notary, so that he can execute speedy +justice and the Edict of Grace is replaced by an Edict of Faith. + +It is not until 1530 that we find evidence that the discussion of 1526 +was producing a change in the view taken of witchcraft and of the +methods of its repression. A carta acordada, addressed to all the +tribunals, enjoined special caution in all witchcraft cases, as it was a +very delicate matter to handle, and this was followed by another +manifesting a healthy scepticism and desire to repress popular +superstition, for it stated that the _ensalmadores_, who cured diseases +by charms, asserted that all sickness was caused by witches, wherefore +they were to be asked what they meant and why they said so.[481] + +[Sidenote: _ZEAL RESTRAINED_] + +The practical position assumed by this time may be gathered from a +letter of December 11, 1530, from the Suprema to the Royal Council of +Navarre, when a fresh outbreak of the witch-craze had, as usual, brought +dissension between the tribunal and the secular courts, for the latter +refused to acknowledge the exclusive jurisdiction of the Inquisition, +and complained of its delays and the leniency of its sentences, in +comparison with the speedy and unsparing action demanded by popular +clamor. The Suprema now, in reply to the complaints of the Royal Council +against the Calahorra tribunal, replied that this matter of the witches +was not new; on a previous occasion there had been the same altercation; +some of the cases which had caused the most complaint had been brought +to the court and had, by order of the emperor, been examined by learned +men when, after much debate, it was ordered that the prisoners should be +delivered to the inquisitors who, after examining them, should try those +pertaining to their jurisdiction and surrender the others. There was +much doubt felt as to the verification of the crimes alleged, and the +Suprema deplored the executions by the secular courts, for the cases +were not so clear as had been supposed. In view of all this, inquisitors +were enjoined to use caution and moderation, for there is so much +ambiguity in these cases that it seems impossible for human reason to +reach the truth. When the same questions had arisen elsewhere, the +Suprema had ordered the inquisitors to act with the greatest +circumspection, for these matters were most delicate and perilous, and +some inexperienced judges had been deceived in treating them. The +Suprema therefore deprecated a competencia; it entreated the Royal +Council to hand all cases over to the tribunal, which would return those +not subject to its jurisdiction, and the inquisitors would be ordered to +remove the censures and fines--which shows that the quarrel had been +pushed to extremes.[482] There was equal determination in resisting the +claims of the episcopal courts to jurisdiction. In 1531 the Saragossa +tribunal complains of the intrusion of the Bishop of San Angelo, who had +refused to surrender a prisoner and had invited the tribunal to join him +in prosecuting witches in places under his jurisdiction. To him the +Suprema accordingly wrote, asserting the exclusive cognizance of the +Inquisition and requiring him to deliver to the tribunal any prisoners +whom he had arrested.[483] + +The cautious and sceptical attitude assumed by the Suprema was all the +more creditable because the leading authorities of the period were firm +in their conviction of the reality of witchcraft. Arnaldo Albertino, +himself an inquisitor who, in 1521, had deemed the Sabbat an illusion, +writing about 1535, says that since then, on mature consideration, he +had reached the opposite opinion; he now accepts all the horrors and +crimes ascribed to witches and argues away the can. Episcopi. Alfonso de +Castro, another writer of the highest distinction at this time, gives +full credence to the most extravagant stories of the Sabbat, and he +disposes of the can. Episcopi by asserting that it referred to an +entirely different sect.[484] + +Notwithstanding all this, the Suprema pursued its course in restraining +the cruel zeal of the tribunals. The craze was spreading in Catalonia, +where it required the Barcelona tribunal to submit to it for +confirmation all sentences in these cases. In 1537, it returned, July +11th, a number of sentences, with its decisions as to each, and +instructions as to the future. The tribunal was chafing under the +unaccustomed restriction, and the fiscal was scandalized at the +solicitude displayed for the friendless wretches who, everywhere but in +Spain, were deprived of the most ordinary safeguards against injustice, +but the imperturbable Suprema maintained its temperate wisdom. The +utmost care, it said, was to be exercised to verify all testimony and to +avoid conviction when this was insufficient. Arrests had been made on +the mere reputation of being witches, for which the inquisitors were +reproved and told that they must arrest no one on such grounds, nor on +the testimony of accomplices, nor must those who denied their guilt be +condemned as _negativos_. When any one confessed to being present at the +killing of children or damage to harvests, verification must be sought +as to the death of the children at that time, and of what disease, and +whether the crops had been injured. When such verification was made, +arrests could follow and, if the character of the case and of the +accused required it, torture could be employed.[485] It will be noted +how much more scrupulous was the care enjoined in these cases than in +those of Moriscos and Judaizers, and the limitation on the use of +torture is especially observable, as that was the universal resort in +witchcraft throughout Europe. + +[Sidenote: _ZEAL RESTRAINED_] + +It was difficult to enforce these rules in Barcelona. The result of the +visitation of Francisco Vaca was a long series of rebukes, in 1550, +largely concerning the procedure in witch cases and eventually leading +to the dismissal of Inquisitor Sarmiento, although his offences were +simply what was regarded, everywhere but in Spain, as the plain duty of +those engaged in a direct contest with Satan, represented by his +instrument the witch. Sarmiento is told that he made arrests without +sufficient proofs and accepted the evidence taken by secular officials +without verifying it, as required by the practice of the Inquisition, +and, whereas the Suprema ordered certain precautions taken before +concluding cases, he concluded them without doing so, and subjected +parties to reconciliation and scourging that were not included in the +sentence. Although the Suprema had ordered all sentences of relaxation +to be submitted to it, he had relaxed seven persons as witches, in +disregard of this, and when repeatedly commanded to present himself, he +had never done so. Then the fiscal was taken to task because he had been +present at the examination of witches, conducting the interrogation +himself, putting leading questions, telling them what to confess and +assuring them that this was not like a secular court, where those who +confessed were executed. In the case of Juana, daughter of Benedita de +Burgosera, he told her that she was a witch, that her mother had made +her a witch and had taken her to the Bach de Viterna, and he detailed +to her the murders committed by her mother. In witch cases he caused +arrests without presenting _clamosas_ or submitting evidence, but when +he learned that a visitor was coming he fabricated and inserted them in +the papers. In this the notary del secreto was his accomplice besides +taking part in the examinations, bullying the accused and making them +confess what was wanted by threats and suggestions. The alcaide of the +prison had allowed one of the prisoners, who endeavored to save himself +by accusing others, to enter the cells and persuade the prisoners to +confess and not to revoke; the alcaide had also urged the women to +confess, telling them that they were guilty and promising them release +if they would confess and, when taking back to his cell a man who had +revoked his confession, he so threatened the poor wretch that he +returned and withdrew his revocation.[486] Elsewhere than in Spain such +methods of securing confession were the veriest commonplaces in witch +trials. + +Meanwhile the chronic witchcraft troubles in Navarre had called forth, +in 1538, a series of enlightened instructions to Inquisitor Valdeolitas, +who was sent with a special commission. He was told to pay no attention +to the popular demand that all witches should be burnt, but to exercise +the utmost discretion, for it was a most delicate matter, in which +deception was easy. He was not to confiscate but could impose fines to +pay salaries. He was to explain to the more intelligent of the people +that the destruction of harvests was due to the weather or to a +visitation of God, for it happened where there were no witches, while +the accusations of homicide required the most careful verification. The +_Malleus Maleficarum_--that Bible of the witch-finder--was not to be +believed in everything, for the writer was liable to be deceived like +every one else. The demands of the corregidores for the surrender of +penitents, to be subsequently punished for their crimes, were not to be +granted, under the decision of the congregation of 1526. Then, a year +later, October 27, 1539, the Calahorra tribunal was notified that the +Royal Council of Navarre had agreed to surrender thirty-four prisoners; +one of the inquisitors was to go to Pampeluna to examine the cases; +those pertaining to the Inquisition were to be tried in strict +conformity with the instructions and the rest were to be left with the +civil authorities.[487] + +In the instructions to Valdeolitas there is a phrase of peculiar +interest, prescribing special caution with regard to the dreams of the +witches when they sally forth to the Sabbat, as these are very +deceitful. This, so far as I have observed, is the earliest official +admission of the view taken in the can. Episcopi that the midnight +flights were illusions. We have seen how this was denied by Albertino +and de Castro. Ciruelo admits that there are two ways in which the +Xorguina attends the Sabbat, one by personally flying, and the other by +anointing herself and falling into a stupor, when she is spiritually +conveyed, but both are the work of the demon and he admits of no +distinction in the punishment.[488] Bishop Simancas, also an inquisitor, +has no doubt as to the bodily transportation of the witch to the Sabbat; +he admits that most jurists hold to the theory of illusion, as expressed +in the can. Episcopi, but theologians, he says, are unanimous in +maintaining the reality; he argues that the can. Episcopi does not refer +to witches, and that stupor with illusions is much more difficult to +comprehend than the truth of the Sabbat.[489] + +[Sidenote: _ZEAL RESTRAINED_] + +With such a consensus of opinion as to the truth of the Sabbat, or +_Aquelarre_ as it came to be called (from a Biscayan word signifying +"field of the goat") it is not surprising that the Suprema advanced +slowly in designating it as an illusion, although practically its +instructions assumed that no reliance was to be placed on the +multitudinous testimony of its existence, of the foul horrors enacted +there and of the presence there of other votaries of Satan. A curious +case, occurring at a somewhat later period, may be alluded to here as +showing the conclusion reached on the subject, and as throwing light on +the auto-suggestion and hypnotic state which lay at the bottom of the +Sabbat, although its connection is merely with the carnal indulgence +that formed a prominent feature of the nocturnal assemblies. In 1584 +Anastasia Soriana, aged 28, wife of a peasant, denounced herself to the +Murcia tribunal for having long maintained carnal relations with a +demon. The tribunal wisely regarded the matter as an illusion and +dismissed the case without action. Twelve years later, in 1596, she +presented herself to the tribunal of Toledo, with the same +self-accusation and again, after due deliberation, she was discharged, +although in any other land it would have gone hard with her.[490] + +Meanwhile the Suprema continued the good work of protecting so-called +witches from the cruelty of the secular courts and of restraining the +intemperate zeal of its own tribunals. The craze, in 1551, had extended +to Galicia, where at the time there was no Inquisition. Many arrests had +been made and trials were in progress by the magistrates, when a cédula +of August 27th, evidently drawn up by the Suprema for the signature of +Prince Philip, addressed to all officials, informed them that the matter +of witchcraft was a very delicate one in which many judges had been +deceived, wherefore, by the advice of the inquisitor-general, he ordered +that all the testimony should be sent to the Suprema for its action, +pending which the accused were to be kept under guard without proceeding +further with their cases or with others of the same nature.[491] Then, +in September, 1555, the Suprema forwarded to the Logroño tribunal two +memorials from some towns in Guipúzcoa, with an expression of its sorrow +that so many persons should have been so suddenly arrested, for, from +the testimony at hand and former experience, it thought that there was +little basis for such action, and that wrong might be inflicted on many +innocent persons. The evidence must be rigidly examined and, if it +proved false, the prisoners must be discharged and the witnesses +punished; if there was ground for prosecution, the trials might proceed, +but the sentences must be submitted for confirmation and no more arrests +be made without forwarding the testimony and awaiting orders. Six months +later, in March, 1556, the Suprema concluded that the cases had not been +substantiated; more careful preliminary investigations were essential +for, in so doubtful a matter, greater caution was needed than in other +cases.[492] + +The secular authorities were restive under the deprivation of their +jurisdiction over the crimes imputed to the witches; they continued to +assert their claims, and the question came up for formal decision in +1575. The high court of Navarre had caused the arrest of a number of +women and was trying them, when the Logroño tribunal, in the customary +dictatorial fashion with threats of penalties, issued a summons to +deliver all the prisoners and papers. This was duly read, November 24th, +to the alcaldes, while sitting in court, to which they replied that the +parties had been arrested under information that they had killed +children and infants, that the women had had carnal intercourse with +goats, and had killed cattle and injured harvests and vineyards with +poisons and powders, and had carried off many children at night from +their beds, while stupefying the adults with powders, of all of which as +alcaldes they were the lawful judges. Therefore they appealed to the +inquisitor-general against the penalties threatened and promised that, +if the prisoners had committed heresy, they would be remitted to the +inquisitors after undergoing punishment according to law. Finally they +complained of the disrespect shown them and asked for a competencia. + +[Sidenote: _MODERATION_] + +The alcaldes further sent a memorial to the king, setting forth their +claims to jurisdiction for crimes other than heresy, protesting against +the assumption of the inquisitors to be sole judges of what pertained to +them, to inhibit proceedings in the interim, and to interfere with the +death-penalty which the alcaldes might decree. The royal court also +petitioned the king in the same sense, adding that the prisoners spoke +a dialect unintelligible to the inquisitors and that, if the cases were +transferred, the king would lose the confiscations, which promised to be +large. All this proved vain. A letter of the Suprema to the tribunal, in +1576, informs it that the alcaldes had been ordered to surrender all the +prisoners and the papers in the cases.[493] While this matter was in +progress, a similar controversy arose about numerous witches in +Santander, for a letter of January 10, 1576, instructs the Logroño +tribunal that it can proceed against them for anything savoring of +heresy, requiring the secular judges meanwhile to suspend proceedings; +the facts are to be carefully verified and everything is to be submitted +to the Suprema.[494] + +The use made by the tribunals of the jurisdiction thus secured for them, +under the cautions so sedulously inculcated, may be gathered from a case +in the Toledo tribunal, in 1591, which further shows that witchcraft was +not wholly confined to the mountainous districts of the east and north. +The vicar of Alcalá had arrested three women of Cazar, Catalina Matheo, +Joana Izquierda, and Olalla Sobrina. During the previous four years +there had been four or five deaths of children; among the villagers, the +three women had the reputation of witches, and sixteen witnesses +testified to that effect. The vicar tortured them and obtained from +Catalina a confession that, some four or five years before, Olalla asked +her whether she would like to become a witch and have carnal intercourse +with the demon. Then Joana one night invited her to her house where she +found Olalla; the demon came in the shape of a goat, they danced +together and after some details unnecessary to repeat, Olalla anointed +the joints of her fingers and toes, they stripped themselves and flew +through the air to a house which they entered by a window; placing +somniferous herbs under the pillows of the parents, they choked to death +a female infant, burning its back and breaking its arms. The noise +aroused the parents and they flew with the goat back to Olalla's house. +All this she ratified after due interval and repeated when confronted +with Olalla, who had been tortured without confessing and who denied +Catalina's story. As for Joana, she had likewise overcome the torture, +but she had told the wife of the gaoler that one night some fifteen +witches, male and female, had forcibly anointed her and carried her to a +field where they danced, Catalina being one of the leaders and Olalla a +follower. This she repeated to the vicar, adding stories of being +present when the children were killed, but taking no part in it, after +which she duly ratified the whole. At this stage the vicar transferred +his prisoners to the tribunal. Catalina, at her first audience, begged +mercy for the false witness which, through torture, she had borne +against herself and the others. Sixteen witnesses testified to the +deaths of the children, and she was sentenced to torture, when, before +being stripped, her resolution gave way and she repeated and ratified +the confession made to the vicar. Joana asserted that her confession to +the vicar had been made through fear of torture and she overcame torture +without confessing, as likewise did Olalla. The outcome was that +Catalina was sentenced to appear in an auto with the insignia of a +witch, to abjure _de levi_, to be scourged with two hundred lashes, and +to be recluded at the discretion of the tribunal. The other two were +merely to appear in the auto and to abjure _de levi_, without further +penance. This was not strictly logical, but anywhere else than in Spain, +all three would have been tortured until they satisfied their judges, +and would then have been burnt after denouncing numerous accomplices and +starting a witchcraft panic. As it was, the Toledo tribunal had no more +witchcraft cases up to the end of the record in 1610.[495] + +[Sidenote: _THE LOGROÑO AUTO OF 1610_] + +The tribunal of Barcelona was more rational in 1597. In a report to the +Suprema of a visitation made by Inquisitor Diego Fernández de Heredia, +there occur the entries of Ana Ferrera, widow and Gilaberta, widow, both +of Villafranca, accused by many witnesses of being reputed as witches +and of killing many animals and infants, in revenge for little +annoyances. Also, Francisco Cicar, of Bellney, near Villafranca, +numerously accused as a wizard using incantations, telling where lost +animals could be found, enchanting them so that wolves could not harm +them, and killing the cattle of those who offended him. Here was the +nucleus of a whole aquelarre for Villafranca, but all these cases are +marked on the margin of the report as suspended, and nothing came of +them.[496] The Logroño tribunal also showed its good sense, in 1602, +when a young woman of 25, named Francisca Buytran, of Alegria, accused +herself in much detail, before Don Juan Ramírez, of witchcraft, +including attendance at the aquelarre. She was brought before the +tribunal, which dropped the whole matter as being destitute of truth; +again the magistrates sent it back, asking that it be revived and +prosecuted and, when this was refused, they scourged her in Alegria as +an impostor who defamed her neighbors.[497] + +Yet it was reserved for this same tribunal to give occasion to an +agitation resulting in a clearer understanding than had hitherto been +reached of the nature of the witch-craze, and rendering it impossible +for the future that Spain should be disgraced by the judicial murders, +or rather massacres, which elsewhere blacken the annals of the +seventeenth century. One of the customary panics arose in Navarre. The +secular authorities were prompt and zealous; they made many arrests, +they extorted confessions and hastily executed their victims, apparently +to forestall the Inquisition. The tribunal reported to the Suprema, +which ordered one of the inquisitors to make a visitation of the +infected district. Juan Valle de Alvarado accordingly spent several +months in Cigarramundi and its vicinity, where he gathered evidence +inculpating more than two hundred and eighty persons of having +apostatized to the demon, besides multitudes of children, who were +becoming witches, but who were yet too young for prosecution. The +leaders and those who had wrought the most evil, to the number of forty, +were seized and brought before the tribunal. By June 8, 1610, it was +ready to hold the consulta de fe, consisting of the three inquisitors, +Alonso Becerra, Juan Valle de Alvarado and Alonso de Salazar Frias, with +the episcopal Ordinary and four consultors. In his vote, Salazar +analyzed the testimony and showed its flimsy and inconclusive character; +he seems to have had no scruples as to the reality of witchcraft, but he +desired more competent proof, while his colleagues apparently had no +misgivings.[498] + +This was not the only retrograde step. For seventy-five years the +Suprema had consistently repressed the ardor of persecution and had +favored, without absolutely asserting, the theory of illusion, but its +membership was constantly changing and it now seems to have had a +majority of blind believers. On August 3d it presented to Philip III a +consulta relating, with profound grief, the conditions in the mountains +of Navarre and the steps already taken. Since then further reports +showed that the demon was busier than ever in misleading these poor +ignorant folk, and the evil had increased so that there now were more +than twenty aquelarres to which they gather, and the evil was still +spreading; the people were greatly afflicted with the damages endured, +and parents who saw their children misled were so desperate that they +wanted to put them to death. An Edict of Grace was published, but the +demon so blinded them that few took advantage of it, and these speedily +relapsed. The progress of the infection was such that the powerful hand +of the king was absolutely required for its rigorous repression, and the +popular ignorance was so dense that orders should be issued to the +Archbishop of Burgos and the Bishops of Calahorra, Pampeluna and +Tarazona, whose dioceses were concerned, and to the Provincials of the +Religious Orders, to send pious and learned men to instruct the people, +while the vigilance would not be lacking of the inquisitors, who would +shrink from no labor.[499] The Suprema evidently regarded the emergency +as most serious, calling for united effort to withstand the victorious +onslaught of the demon. It had wholly forgotten the wholesome caution +which it had inculcated so sedulously since 1530 and there was imminent +danger that Spain would be swept into the European current of +witch-extermination. + +Whether the pleasure-loving king organized the projected preaching +crusade we do not know, but he was sufficiently impressed to promise +that he would honor with his presence the coming auto de fe, which was +fixed for November 7th. Something distracted his attention and, at the +last moment, it was announced that important affairs would prevent his +attendence. The disappointed inquisitors, on November 1st, wrote to the +Suprema expressing their regret and reporting that there would be +thirty-one persons in the auto, besides a large number of prisoners +whose trials were under way. + +[Sidenote: _THE LOGROÑO AUTO OF 1610_] + +Thus far twenty-two aquelarres had been discovered, and the accused were +so numerous that the special favor of heaven would be necessary to +overcome the evil. Accompanying this was a letter to the king, enclosing +two of the sentences con méritos, to enlighten him as to the ravages of +the devil among his subjects. This sect of witches, they said, was of +old date in the Pyrenees, and had of late spread over the whole region; +the inquisitors were devoting their lives to its suppression; they were +fighting the devil at close quarters, and they hoped to excite the royal +zeal to lend the Inquisition efficient support. These letters bore the +signature of Salazar as well as those of his colleagues.[500] + +Great preparations had been made to render the auto impressive. Crowds +assembled from a distance, and it was reckoned that in the processions +there were a thousand familiars and officials. Two days were required +for the solemnities and on the second day, to finish the work between +dawn and sunset, many of the sentences had to be curtailed for, as +usual, they were con meritos, with full details of the abominations of +the aquelarres and the crimes of the culprits. All the grotesque +obscenities, which the foul imaginations of the accused could invent to +satisfy their prosecutors, were given at length, and doubtless impressed +the gaping multitudes with the horror and detestation desired. One +novelty in the sensual delights of the aquelarre was that the feast was +usually composed of decaying corpses, which the witches dug up and +conveyed there--especially those of their kindred, so that the father +sometimes ate the son and the son the father--and it was stated that +male flesh had a higher flavor than female. There were also the usual +stories of the destruction of harvests by means of powders, of sucking +the blood of infants, of bringing sickness and death by poisons so +subtile that a single touch, in a pretended caress, would work its end. +When the demon reproached them with slackness in evil-doing, two +sisters, María Presona and María Joanto, agreed to kill the son and the +daughter of the other, aged 8 and 9, and they did so with the powders. +It was natural that a population, placing full credence in the existence +of malignity armed with these powers, should be merciless in the resolve +for its extermination. Yet the auto, in its absolute outcome, could +scarce be classed with the murderous exhibitions to which the Spaniard +had grown accustomed. In all there were fifty-three culprits, of whom +but twenty-nine were witches of either sex. Of these there were eleven +relaxed--five, who had died in prison, in effigy with their bones, and +five _negativos_ who had not been induced to confess. There was but one +relaxation of a buen confitente, María Zozaya, whose terrible +confession overshot the mark, as it showed her to be a dogmatizer. Even +under this excitement the Inquisition maintained its rule not to execute +those who confessed and repented; under any other jurisdiction the +eighteen who were reconciled would have been burnt, and of these +apparently only five were scourged.[501] + +Merciful as was this, the effect of the auto was to cause a revulsion of +feeling among the more intelligent. When the local magistrates were +proceeding as usual to arrest suspects, the alcaldes of the Royal Court +of Navarre, early in 1611, interposed by arresting them in turn for +exceeding their powers and prosecuted them to punishment. This incensed +the Logroño tribunal which, on May 17th, addressed an energetic protest +to the viceroy; the action of the local authorities had been of the +utmost service, not only in sending culprits to the Inquisition, but in +leading to many spontaneous self-accusations; this had now all ceased, +and those who had confessed were beginning to retract; the tribunal had +relied upon the court for aid in exterminating this accursed race and +now it was protecting them. Possibly the tribunal may also have invoked +the authority of the Suprema but, if so, it can have found no sympathy, +for there also had there been a change of heart and a return to the old +policy. On March 26th it had ordered the publication of an Edict of +Grace, which Salazar was deputed to carry with him on a visitation to +the infected districts and, after some delay, he started with it, May +22d, on a mission destined to open his eyes and put a permanent end to +the danger of witchcraft epidemics in Spain.[502] + +[Sidenote: PEDRO DE VALENCIA] + +To this a contribution of some weight, though by no means so influential +as has been reckoned, was made by Pedro de Valencia, a disciple of Arias +Montano, and one of the most learned men of his time. At the request of +Inquisitor-general Sandoval y Rojas, he composed an elaborate +"discourse" on witchcraft, addressed to Sandoval under date of April +20th. In this, after premising the great grief and compassion with which +he had read the relations of the auto of the previous November, he +proceeds to discuss three hypotheses. The first is rationalistic; there +is no demon, the aquelarres are assemblages for sensual indulgence, to +which the members go on foot, and the presiding demon is a man +disguised. The second is illusion, produced by a pact with the demon, +who gives to the witch an ointment throwing her into a stupor during +which she imagines all that is related of the aquelarres, whence it +follows that the evidence of the witch as to those whom she has seen +there is not to be accepted. The destruction of cattle and harvests is +the work of the demon, or may be accomplished by poisons. The third +supposition, believed by the vulgar, in conformity with the evidence and +confessions, is the most prodigious and horrible of all, and against +this he brings his strongest arguments in full detail. Pedro does not +express any positive conclusion of his own, but his reasoning all tends +to support the second hypothesis--of stupor and illusion produced by the +demonic ointment, and from this he deduces the result that witches are +by no means innocent. They delight in the crimes which they believe +themselves to commit, and desire to persevere in their apostasy from God +and their servitude to the devil. Men sometimes become heretics through +ignorance and mistaken zeal, but these seek the devil in all his +hideousness for the purpose of partaking in foul and unhallowed +pleasures. They merit any punishment that can be inflicted on them, for +such rotten limbs should be lopped off, and the cancer be extirpated +with fire and blood. Their conspiracies to kill and the crimes which +they commit and the injuries inflicted on their neighbors, before and +after these dreams deserve all this and greater rigor. + +This virtual equalization of criminality in illusive and actual +witchcraft was not likely to be of benefit to so-called witches, but +there was wisdom in the caution which Pedro urged on judges, to assure +themselves of the reality of alleged crimes and not, through +preconceived views, to so direct their interrogatories as to lead +ignorant, foolish, crazy or demoniac persons, like the witnesses and +the accused in these cases, to testify or to confess to extravagances, +because they see that it is expected and hope to gain the favor of those +holding the power of life or death. Similar stories were told of the +early Christians and, in view of all this, and the utter legal +insufficiency of the witnesses, the whole tissue of evidence and +confessions vanishes into smoke. Amid all these deceits, the prudence of +the judge should seek the true and the probable, rather than monstrous +fictions for, if he desires to find the latter, he will be fully +satisfied by the miserable lying women before him--disciples, by their +own confession, of the father of lies.[503] + +The inconsistencies in this discourse suggest that probably Pedro had +stronger convictions than he deemed it wise to express. It is possible +that Inquisitor Salazar may have read the paper and have been somewhat +influenced by it, when he started in May on the visitation which proved +to be the turning-point in the history of Spanish witchcraft, but we +have seen that, in the consulta de fe of the previous June 10th, his +attention had already been aroused by the contradictions and +unsatisfactory character of the evidence on which the tribunal was +accustomed to act and, when once his mind was directed to investigating +the problems thus suggested, the close acquaintance with facts afforded +by the visitation enabled him to reach conclusions vastly more definite +than any which his predecessors ventured to form. + +[Sidenote: _ALONSO DE SALAZAR FRIAS_] + +He started, as we have seen, on May 22, 1611, with the Edict of Grace; +his work was thoroughly conscientious and he did not return until +January 10, 1612, after which he employed himself, until March 24th, in +drawing up his report to the Suprema, which was accompanied with the +original papers, amounting to more than five thousand folios. It will be +remembered that an Edict of Grace was published in 1610 with little or +no result. In contrast with this, showing the effect of a different +spirit in its administration, Salazar received eighteen hundred and two +applicants, of whom thirteen hundred and eighty-four were children of +from twelve to fourteen years of age and, besides these, there were +eighty-one who revoked confessions previously made. All applicants for +reconciliation made full confessions of misdeeds, after kindly warning +of the obligation to tell the truth and the danger of committing +perjury, and were promised secrecy to relieve them of fear. The enormous +mass of evidence thus collected Salazar carefully analyzed and presented +under four heads--I, the manner in which witches go to the aquelarre, +remain and return; II, the things they do and endure; III, the external +proofs of these things; IV, the evidence resulting for the punishment of +the guilty. The first two of these present a curious medley of marvels, +such as holding aquelarres in the sea without being wet, and the +testimony of three women that, after intercourse with the demon, in a +few hours they gave birth to large toads; but we need not dwell on these +feats of imaginative invention. The importance of the report lies in the +last two sections. + +Many instances are given to prove the illusory character of cases in +which the penitent truthfully believed what she confessed. María de +Echaverria, aged 80, one of the relapsed, made copious confessions, with +abundant tears and heart-felt grief, seeking to save her soul through +the Inquisition. Without her consent, she said, she was every +night--even the preceding one--carried to the aquelarre, awaking during +the transit and returning awake. No one saw her in going and coming, +even her daughter, a witch of the same aquelarre, sleeping in the same +bed. All the frailes present at her confession had a long discussion +with her and the conviction was unanimous that what this good woman said +of her witchcraft was a dream. Catalina de Sastrearena declared that, +while she was waiting to be reconciled, she was suddenly carried to the +aquelarre, but her companions said that they were talking to her during +the time when she claimed to be absent. The mother of María de Tamborin +testified to the girl telling her of going to the aquelarre, so she +maintained close watch on her and kept a hand on her but was unaware of +her absence. Physical examination, in several instances, showed that +girls were virgins who had confessed to intercourse with demons. Many +boys testified that, when Salazar went to San Esteban, there was a great +aquelarre held, but his two secretaries happened that night to be on the +spot indicated and they saw nothing. Thirty-six persons were examined as +to the localities of nine aquelarres, but some said they did not know +and others contradicted what they had confessed, so that none of the +nine could be identified. As for the broths and unguents and powders so +often described as used for flying to the aquelarres and working evil, +nothing whatever could be learned. Twenty _ollas_ had been brought +forward during the visitation, but investigation showed them all to be +frauds, for physicians and apothecaries used the materials on animals +without producing the slightest injury. From all this Salazar concludes +that the matters confessed were delusions of the demon, and the +accusations against accomplices were likewise induced by the demon. No +testimony could be had from those not accomplices and he holds it a +great marvel that, in a thing reputed to be of so wide an extent, there +should be no external evidence accessible.[504] + +Equally destructive to credibility, he says, were the threats and +violence employed to extort confessions. One stated that he was burned +with blazing coals and it inspires horror even to imagine how they were +thus forced to pervert the truth. Sometimes the father or husband or +brother would combine with the magistrate or the commissioner of the +Inquisition. Thus all were forced to confess and to bear witness against +their neighbors, so that it seems marvellous that any one escaped. The +groundlessness of the whole was further exemplified by the fact that +many who applied importunately to be admitted as witches to +reconciliation were unable to confess anything requiring it. The belief +was general that no one was safe who did not come forward and take the +benefit of the edict, so that some invented confessions, while others +admitted that they had nothing to confess, but all wanted certificates, +for one of the violences committed had been to deny the sacraments to +all reputed to be witches or testified against, and when they applied to +Salazar their greatest anxiety was to obtain certificates entitling them +to the sacraments. + +[Sidenote: _ALONSO DE SALAZAR FRIAS_] + +As for the eighty-one who revoked their confessions, Salazar is sure +that they did so to relieve their consciences. At first he refused to +receive their revocations in compliance with the views of his +colleagues, but he had subsequently orders from the Suprema to admit +them. There would have been many more had it been generally understood +that they could do so with safety; it was individual action on the part +of each, for every care was taken not to let it be known who revoked, +and some of them said that they must revoke if they had to burn for it, +as they had wrongfully accused others. One especially distressing case +was that of Marquita de Jaurri, an old woman who had been reconciled at +Logroño. She returned home with her conscience heavily burthened about +those whom she had unjustly inculpated and, at her daughter's instance, +she applied to her confessor. He ordered her to revoke her confession +before Phelipe Díaz, the commissioner of Maeztu, but he rejected her +with insult, telling her that she would have to be burnt for maliciously +revoking what she had truthfully confessed, whereupon in a few days she +drowned herself. It will be remembered (Vol. II, p. 582) that revocation +of confession was held to prove impenitence, punishable by relaxation. + +Salazar adds that the value of the evidence was still further diminished +by the command of the demon to accuse the innocent and exonerate the +guilty, and by the fact that bribes were given in order to have enemies +prosecuted. In Vera, each of several boys accused about two hundred +accomplices and, in Fuenterrabia a beggar boy of 12 accused a hundred +and forty-seven. Besides those who revoked there were many who asked to +have stricken out the names of those whom they had falsely accused so +that, in all, there were sixteen hundred and seventy-two persons known +as having had false witness borne against them, so that, when there were +this many acknowledged perjuries, there could be little faith placed in +the other accusations. The cause of the wide-extended and profound +popular belief in the reality of witchcraft he ascribes solely to the +auto de fe of Logroño, the Edict of Faith and the sending of an +inquisitor through the district, which had caused such apprehension that +there was no fainting-fit, no death and no accident that was not +attributed to witchcraft. Fray Domingo de Velasco of San Sebastian, +after preaching the Edict, told Salazar that for four months there had +not been a natural tempest or hailstorm, but all had been the work of +witches, yet when questioned he had no evidence save the gossip of the +streets. Sailors exaggerated these reports and they were fomented by the +knaves known as _santigueadores_, who professed to know the witches and +sold charms and spells to counteract them. + +In summing up the results of his experience Salazar declares that +"Considering the above with all the Christian attention in my power, I +have not found even indications from which to infer that a single act of +witchcraft has really occurred, whether as to going to aquelarres, being +present at them, inflicting injuries, or other of the asserted facts. +This enlightenment has greatly strengthened my former suspicions that +the evidence of accomplices, without external proof from other parties, +is insufficient to justify even arrest. Moreover, my experience leads to +the conviction that, of those availing themselves of the Edict of Grace, +three-quarters and more have accused themselves and their accomplices +falsely. I further believe that they would freely come to the +Inquisition to revoke their confessions, if they thought that they would +be received kindly without punishment, for I fear that my efforts to +induce this have not been properly made known, and I further fear that, +in my absence, the commissioners whom, by your command, I have ordered +to do the same, do not act with due fidelity, but, with increasing zeal +are discovering every hour more witches and aquelarres, in the same way +as before. + +"I also feel certain that, under present conditions, there is no need of +fresh edicts or the prolongation of those existing, but rather that, in +the diseased state of the public mind, every agitation of the matter is +harmful and increases the evil. I deduce the importance of silence and +reserve from the experience that there were neither witches nor +bewitched until they were talked and written about. This impressed me +recently at Olague, near Pampeluna, where those who confessed stated +that the matter started there after Fray Domingo de Sardo came there to +preach about these things. So, when I went to Valderro, near +Roncesvalles, to reconcile some who had confessed, when about to return +the alcaldes begged me to go to the Valle de Ahescoa, two leagues +distant, not that any witchcraft had been discovered there, but only +that it might be honored equally with the other. I only sent there the +Edict of Grace and, eight days after its publication, I learned that +already there were boys confessing. After receiving the report of a +commissioner whom I deputed, I sent from Azpeitia to the Prior of San +Sebastian of Urdax to absolve them with Secretary Peralta. This quieted +them but, since my return to Logroño the tribunal has been asked to +remedy the affliction of new evils and witchcrafts, all originating from +the above." + +[Sidenote: _HUMANE INSTRUCTIONS_] + +Salazar's colleagues did not agree with him and attempted to answer his +reasoning, but the Suprema was convinced. It followed his advice in +imposing silence on the past, while the Court of Navarre continued to +prosecute and punish the local officials whose superserviceable zeal had +occasioned so much misery. A second visitation was made in 1613 and we +find Salazar urging a third one to cover the remaining portion of the +infected region, and pointing out the peace which reigned in the +district that he had visited. His next step was to draw up a series of +suggestions covering the policy of the Inquisition with regard to +witchcraft, covering both amends for the past and future action. It +would scarce seem that he would venture to do this without orders, but +the paper purports to be volunteered in view of the urgent necessity of +the matter. Be this as it may, the suggestions were the basis of an +elaborate instruction, issued by the Suprema August 31, 1614, which +remained the permanent policy of the Inquisition. It adopted nearly +every suggestion of Salazar's, often in his very words, and is an +enduring monument to his calm good sense, which saved his country from +the devastation of the witch-madness then ravaging the rest of Europe. + +These instructions consist of thirty-two articles and commence by +stating that the Suprema, after careful consideration of all the +documents, fully recognized the grave wrong committed in obscuring the +truth in a matter so difficult of proof, and it sent the following +articles, both for the verification of future cases and in reparation of +the past. + +This is followed by a series of regulations pointing out in detail the +external evidence which must be sought in every case, both as to +attendance on the aquelarres and the murder of children, the killing of +cattle, and the damage of harvests, and no one was to be arrested +without strict observance of these precautions. There is careful +abstention from denial of the powers attributed to witches, but the +whole tenor is that of scepticism, and preachers were ordered to make +the people understand that the destruction of harvests is sent for our +sins, or is caused by the weather, and that it is a grievous error to +imagine that such things and sickness, which are customary throughout +the world, are caused by witches. The powers of commissioners were +strictly limited to taking depositions and ascertaining whether these +could be verified by external evidence. When witnesses or accused came +to make revocations, whether before or after sentence, they were to be +kindly received and permitted to discharge their consciences, free from +the fear so commonly entertained, that they would be punished for +revoking [as we have seen was the case in other crimes], and this was to +be communicated to the commissioners, who were to forward all +revocations received. Those who spontaneously denounced themselves were +to be asked whether, in the day-time, they had persevered in the +renunciation of God and adoration of the demon; if they admitted having +done so, they were to be reconciled but, in view of the doubt and deceit +surrounding the matter, this reconciliation was not to entail +confiscation or liability to the penalties of relapse, the latter being +discretional with the tribunal after consulting the Suprema, and further +the Suprema was to be consulted before action taken against those +confessing to relapse. Those who denied perseverance in apostasy were to +be absolved _ad cautelam_ and reconciled by commissioners, in the same +way as foreign heretics applying for conversion. In view of the doubts +and difficulties concerning witchcraft, no action was to be taken save +by unanimous vote of all the inquisitors, followed by consultation with +the Suprema. All pending cases were to be suspended, without +disqualification for office. On all evidence, the violence or torture +used in procuring it was to be noted, so that its credibility could be +estimated; when a vote was taken, unless it was for suspension, the case +was to be submitted to the Suprema. All cases were to be dropped of +those dying during their pendency, without disability of their +descendants. As regarded the auto de fe of 1610, the sanbenitos of those +relaxed or reconciled were never to be hung in the churches, their +property was not to be confiscated; an itemized statement of it and of +the fines levied, with an account of the expenses, was to be submitted +to the Suprema, and this was to be noted in the records of their cases, +so that they should not be liable in case of relapse, nor should their +descendants be disabled for office, nor should those be disqualified who +had since then been penanced with abjuration. + +[Sidenote: _DELUSION RECOGNIZED_] + +Having thus provided reparation for the past and caution for the future, +the Suprema sought to protect reputed witches from the inordinate zeal +of the local authorities and to vindicate its exclusive jurisdiction. +The commissioners were to be summoned, one by one, and made to +understand the grief and just resentment of the Holy Office at the +violence of the alcaldes and others towards those reported to be +witches. They were to publish this and let it be known that, as the High +Court of Navarre had undertaken to punish these intermeddlers, it would +be permitted to do so, but that in future the Inquisition would adopt +rigorous measures to chastise all who intruded on its jurisdiction, as +perturbers and impeders of the Holy Office. Confessors were instructed +to require all who were guilty of defaming others to denounce +themselves to the tribunal, for the discharge of their conscience and +the restoration to honor of the injured, and priests were notified not +to refuse the sacraments to those reputed as witches, while +commissioners were warned to confine themselves to their instructions +and to act with all moderation.[505] + +In this admirable paper we cannot help applauding especially the moral +courage evinced in making reparation for the Logroño auto, which must +have had the sanction of the Suprema. The whole witch epidemic of +Navarre and the Provinces of Biscay was evidently regarded as a delusion +but, in view of the attitude of the Church for the last two centuries, +this could not be openly proclaimed and the wisest course was adopted to +repress, as far as possible, popular fanaticism, and to protect its +victims for the future. The superstition was too inveterate to be easily +eradicated, but the effort to protect its victims was not abandoned. +There is the formula of an edict, dated 162-(the year left blank to be +filled in) issued by Salazar, now senior inquisitor, and his colleagues, +reciting that the prosecutions for many years had given them ample +experience of the grave evils and obscuration of the truth, resulting +from the threats and violence offered to those who confessed or were +suspected of witchcraft, as many persons, under pretext of kinship to +the suspect, or to the persons said to be injured, endeavor to force +them to confess publicly as to themselves and others, wherefore all +persons were ordered to abstain from threats or inducements, so that +every one might have free access to the tribunal and its commissioners, +under penalty of rigorous punishment according to the circumstances of +the offence.[506] It is inferable from this, that the people, +distrusting the leniency of the Inquisition, discouraged application to +it, and sought rather to obtain satisfaction extra-judicially. + +[Sidenote: _PERSISTENT DELUSION_] + +The virtual supervision assumed by the Suprema over all cases of +witchcraft was exercised with a moderation which must have been greatly +discouraging to believers. Under this impulsion, the tribunals became +exceedingly lenient, frequently exercising the power left to them of +suspending cases. One that is exceedingly significant occurred at +Valladolid, in 1622. At the instance of her confessor, Casilda de +Pabanes, a girl of 19, from Villamiel, near Burgos, presented herself +and confessed that, at Christmas 1615 (when she was 12 or 13 years old) +she was sick in bed with a fever, and her parents had gone to mass, +leaving the house locked up. Suddenly a neighbor, a widow named Marina +Vela, appeared at her bed-side and, with threats of killing her, forced +her to rise and dress and accompany her to a hermitage in the vicinage, +where they found a tall, naked man, dark and with horns like a bull, who +welcomed them and made them strip to their shifts, with an exchange of +indecent kisses. Then they dressed and returned; although the house +doors were locked they entered, and she was again in bed before her +parents came back. Then followed long details of other similar +adventures, in which the presiding demon usually wore the form of a +goat. He made her renounce God and wrote with her blood her name on a +paper; she was provided with an incubus demon whom she could summon by +breaking a stick; with Marina she entered houses at night, killing +children with powders or by sucking their fingers. There is no allusion +to the aquelarre, but all other features of witchcraft are minutely +detailed. By Marina's advice, she pretended to be possessed, and was +taken to San Toribio de Liebara to be exorcised by Fray Gonzalo de San +Millan, to whom she confessed. The inquisitors examined and +cross-examined her closely, without her varying in her story; they +sought, without success, for evidence of illusion or fantasy, but, on +investigation it was found that she was really sick of a fever at +Christmas, 1615, and that subsequently she seemed to tremble and be as +one possessed. Confirmatory statements were procured from the frailes, +and evidently in accordance with the instructions, all means were +exhausted of testing her confession. In any other land this victim of +hysteric auto-suggestion would have been, if not burnt, at least made an +exhibition that would have spread the craze, but the tribunal, after +carrying the case through the preliminary stages, voted to suspend it +without rendering sentence and to reconcile and absolve her in the +audience chamber without confiscation.[507] The same policy was followed +in the few other cases brought before the tribunal. María de Melgar of +Osorno, who died during trial, was given Christian burial in 1637; in +1640, it suspended the case of María Sanz of Trigueros, against whom +there was testimony of witchcraft and, in 1641, it discharged with a +reprimand María Alfonsa de la Torre, accused of killing cattle, although +a witness swore to seeing her at midnight riding on a stick over a +rye-field, with a noise as though accompanied by a multitude of +demons.[508] + +When we compare these cases with the penalties inflicted at the period +on vulgar sorceresses and poor old curanderas, for implied pact, it is +evident that the Inquisition had reached the conclusion that witchcraft +was virtually a delusion, or that incriminating testimony was perjured. +This could not be openly published; the belief was of too long standing +and too firmly asserted by the Church to be pronounced false; witchcraft +was still a crime to be punished when proved but, under the regulations, +proof was becoming impossible and confessions were regarded as +illusions. + +It was difficult for the conservatives to abandon their cherished +beliefs, and the can. Episcopi remained a bone of contention. +Torreblanca has no inklings of doubt; to him the aquelarre and all its +obscene horrors are a reality; the witch is to be burnt, not for +illusions but for acts, as the Church has decreed in so many +constitutions.[509] His book was duly licensed by the Council of Castile +in 1613, but some censor presented a learned criticism of it, calling +especial attention to this point, citing the can. Episcopi and the +experience of the Inquisition, and arguing that the feats attributed to +witches transcended the powers of the demon. This was so effective that +the licence was withdrawn. Then Torreblanca produced a verbose and +discursive "Defensa," in which he argued that the can. Episcopi was +apocryphal; he showed that the Church had always punished such +malefactors with death, so that either his critic or the Church must +err, and the Church cannot, for it is illuminated by God.[510] This was +successful, his licence was restored in 1615 and his work saw the light +in 1618. Jofreu in his notes on Ciruelo's "Reprovacion," defends the +can. Episcopi, but finds in it three kinds of witches--those who +renounce God and seek the aid of the devil, those who are superstitious +and know that their illusions are the work of the evil spirit, and those +who are deceived by them--and the witches of today are the same, whence +he argues in favor of caution and a policy of clemency.[511] Alberghini, +about 1640, admits that the aquelarre is a phantasm, but he holds that +none the less are witches apostates from God and devil-worshippers, and +he seems to think it still an open question whether those who kill by +sorcery are to be relaxed, even if they truly repent and are +converted.[512] About the same time, all that an old inquisitor will +grant is that, even if there is illusion in the aquelarre, the witch +ratifies all that is done there, when awake, dwelling on it with +pleasure and anointing herself for the purpose, but he concedes that the +deceits of the devil render necessary stronger evidence than in other +crimes and that, as he represents in the aquelarre phantoms of innocent +persons, the testimony of accomplices must be fortified with other +proofs.[513] Nearly the same ground was taken, in 1650, by Padre Diego +Tello, S. J., as calificador in the case of an unlucky monomaniac on +trial by the Granada tribunal, whom he sought to prove responsible by +showing that the witches who fly with Diana and Herodias, as in the can. +Episcopi, had free-will, rendering them culpable for their commerce with +the demon.[514] Even as late as towards the close of the seventeenth +century, a systematic writer holds it as certain that witches renounce +the faith, adore the demon and enter into a pact with him and, if this +can be proved by confession or witnesses, they are to be punished as +heretics with the regular penalties.[515] + +[Sidenote: _VIRTUAL DISAPPEARANCE_] + +Yet the Inquisition imperturbably pursued its way. It did not deny the +existence of witchcraft, or modify the penalties of the crime but, as we +have seen, it practically rendered proof impossible, thus discouraging +formal accusations, while its prohibition of preliminary proceedings by +its commissioners and by the local officials, secular and +ecclesiastical, was effectual in preventing the outbreak of witchcraft +epidemics. So far as the records before me show, cases became very few +after the Logroño experience of 1610. Scattering ones occur +occasionally, such as those alluded to above but, in the Valladolid +record from which they are derived, embracing in all six hundred and +sixty-seven cases between 1622 and 1662, there are but five of +witchcraft, of which the latest is in 1641.[516] In Toledo, from 1648 to +1794, there is not a single one, nor is there one among the nine hundred +and sixty-two cases in the sixty-four autos celebrated by all the +tribunals of Spain between 1721 and 1727.[517] It was not that popular +belief was eradicated, for this is ineradicable and still exists among +all nations, but its deadly effects were prevented. Some fragmentary +papers show that, from 1728 to 1735, there was a tolerably active +investigation, in Valencia and Castellon de la Plana, into cases of +mingled sorcery and witchcraft. There was evidence as to the use of +ointments by which persons could transport themselves through the air +and pass through walls, and as to people being bewitched and rendered +sick, showing that the superstition had as firm a hold as ever on the +lower classes.[518] In 1765, at Callosa de Ensarria (Alicante) when some +young children disappeared, it was attributed to Angela Piera who had +the reputation of a witch, able to fly to Tortosa and back, and who was +supposed to have killed them for her incantations.[519] These scattering +cases become rarer with time. In a record of all the operations of the +Spanish tribunals, from 1780 to 1820, there are but four. In 1781, +Isabel Cascar of Malpica was accused as a witch to the tribunal of +Saragossa. In 1791, at Barcelona, María Vidal y Decardó of Tamarit, a +widow aged 45, accused herself of express pact with the demon, of carnal +intercourse with him, of presence four times a week at the aquelarres, +where she adored him as a God, and of having trampled on a consecrated +host and flung it on a dung-hill--a case which forcibly recalls that of +Casilda de Pabanes, in 1622, as an illustration of the hypnotic +illusions which aided so greatly in the dissemination of the belief. The +latest cases are two, occurring in 1815, of which details are lacking +except that they were not brought to trial.[520] + +Thus the belief, so persistently affirmed by the Church, continued to +exist among theologians. Even one so learned as Fray Maestro Alvarado, +in 1813, when defending the Inquisition against the Córtes of Cádiz, +told the deputies that Cervantes was better authority in favor of the +belief than they were against it, and he instanced a recent case in +Llerena, where two women in a church, and in sight of all the people, +were carried through the air by demons.[521] Still, so long as the +belief was academical and did not lead to the stake, it was +comparatively harmless, and the Inquisition deserves full credit for +depriving it of its power for evil. + +[Sidenote: _THE ROMAN INQUISITION_] + +In this, there is a remarkable coincidence between the Holy Offices of +Spain and of Rome, although the latter was somewhat tardy in the good +work. After the organization of the Congregation, in 1542, by Paul III., +there was a considerable interval before it asserted exclusive +jurisdiction over witchcraft. It is true that, in 1582, in the papal +city of Avignon, it relaxed to the secular arm eighteen witches in a +single sentence,[522] but the next year, 1583, when the people of the +Val Mesolcina found themselves ruined by the numerous witches among +them, they applied for relief not to the Inquisition but to their +archbishop, San Carlo Borromeo. After a preliminary investigation he +came with a group of learned theologians and so worked on the +consciences of the culprits that he won nearly all to repentance--more +than a hundred and fifty are said to have confessed and abjured at one +time. There were, however, twelve pertinacious ones, including the +Provost of Roveredo; he was degraded from Orders and all were duly +burnt--they of course being negativos who refused to admit their +guilt.[523] The Inquisition, in fact, was willing to share its +jurisdiction with the bishops, but not with the secular courts, with +which, in 1588 and 1589 we find it in controversy. It contended that, as +witchcraft infers apostasy, its cognizance is ecclesiastical, residing +either in the bishop or the Inquisition, and further that, when a civil +court has commenced a prosecution, the inquisitor has the right to +inspect the proceedings and decide as to whether or not the case belongs +to him. Various decisions and instructions from this time until 1603 +indicate the line of action. The jurisdiction is only spiritual, for the +heresy and apostasy, and takes no count of alleged murders or other +crimes; the penalty is therefore merely penance, usually scourging, and +inquisitors are told not to exile witches to places where they were not +known, but to settle them where they could be kept under watch. That +this leniency did not satisfy the people was shown at Gubbio, in 1633, +where a woman undergoing the scourge was set upon by the populace and +stoned to death. Nor was the Inquisition itself always consistent for, +in 1641, the tribunal of Milan relaxed Anna María Pamolea to the secular +arm for witchcraft and homicide.[524] + +When murders were charged, the rule was that, if a secular court had +commenced prosecution, the culprit was returned to it for due +punishment, after the spiritual offence had been penanced but, if the +Inquisition had been the first to act, it was not to abandon its +penitent to the secular arm, except in case of relapse. The practical +working of this is seen in a case at Padua, in 1629, where three +witches, imprisoned in the public gaol, were handed over to the +tribunal, which made them abjure formally, and then returned them, when +the magistrates burnt them. That there was considerable scepticism as to +the truth of the Sabbat may be assumed from the rule that the evidence +of witches about persons seen in these assemblies was not to be received +to the prejudice of such persons, as it is all held to be an +illusion.[525] + +This scepticism increased and there was a desire to train the people to +disbelief, as appears from a highly creditable act in 1631. The +Inquisitor of Novara reported that his vicar in "Vallis Vigelli" had +commenced proceedings for witchcraft against a woman, when she hanged +herself in prison, and he asked instructions whether to continue the +prosecution against the corpse or whether she had been strangled by the +demon or other witches; also whether he should proceed against a girl +and her accomplices who had confessed extra-judicially to have been at +the Sabbat. In reply the Congregation ordered him to send the +proceedings in the case of the suicide and also the deposition of the +girl; meanwhile he was to remove the vicar and replace him with a proper +person and take pains himself, by means of the parish priests, to +instruct the people as to the fallacies of witchcraft. The same spirit +was manifested, in 1641, when an affirmative answer was given to the +Inquisitor of Mantua, who asked whether he should prosecute those who +beat and insulted witches on the pretext of their being witches.[526] +The Congregation, however, did not place on the Index the _Compendium +Maleficarum_ of Fray Francesco María Guaccio (2^{d} Edition, Milan, +1626) which taught all the beliefs concerning witches and was adorned +with wood cuts representing them as riding on demons through the air and +worshipping Satan in the Sabbat. + +[Sidenote: _THE ROMAN INQUISITION_] + +What renders the leniency of the Congregation especially remarkable is +that it was in contravention of a decree of Gregory XV, in 1623, +sharpening the penalties of those entering into compacts with the demon; +if they caused death by sorcery they were to be relaxed to the secular +arm, even for a first offence, while, for causing impotence, or +infirmity, or injury to harvests or cattle, they were to be imprisoned +for life.[527] Without, of course, venturing formally to mitigate the +harshness of these penalties, the Congregation could at least elude them +practically, by interposing difficulties in the way of conviction, and +this it did, in 1657, in a series of instructions to inquisitors. Full +belief in the reality of witchcraft was assumed, but there was a hideous +enumeration of the abuses through which so many innocent women were +condemned. The mode of procedure prescribed was based largely on the +Spanish instructions of 1614, and special stress was laid upon +moderation in the use of torture, which was never to be employed until +all the papers in the case had been submitted to the Congregation and +its assent had been obtained, while common fame was not to be considered +an indication justifying arrest. The injunction of 1593, which +prohibited accepting testimony as to those seen in the Sabbat, was +renewed for the reason that these assemblages were mostly an illusion +and justice did not demand prosecution of those recognized through +illusion.[528] + +While thus there was no concession in principle, in practice the +persecution of witchcraft became much less deadly. A manual, dating +about 1700, states that in these cases the Inquisition is accustomed to +move slowly and with the greatest circumspection, for the indications +are generally indirect and the _corpus delicti_ most difficult to prove. +If the evidence is strong, torture is employed both for the fact and the +intention; if apostasy is confessed, formal abjuration is required; if +it or evil belief is denied, the abjuration is _de vehementi_; the +accomplices are prosecuted, but not those named as seen in the Sabbat, +on account of the illusions of the demon. Relaxation is the penalty for +heretical sorcery causing death, but the difficulty of proving this is +very great.[529] + +Thus gradually the worst features of witch persecution disappeared in +Italy, while yet belief in the reality of witchcraft was untouched. As +late as 1743, Benedict XIV manifests complete acceptance of it, when +discussing the nice question whether a witch, terrified by threats and +blows, commits a fresh sin by transferring to an ox the deadly spell +which she has cast upon the son of the man who beat her. He concludes +that she is guilty of a fresh sin, while the father is excusable, for he +presumably does not know that she has to have recourse to the demon to +effect the transfer, and his only object is to save his son. Moreover +Benedict, in his great work on canonization, not only admits the common +opinion as to incubi and succubi, but he does not deny that in some way +such unions may result in offspring.[530] In fact, the supreme authority +of the modern Catholic Church, St. Alphonso Liguori, repeats without +disapproval the common opinion of the doctors, that witches are +transported through the air and that the theory of illusion is very +pernicious to the Church, as it relieves them from the punishment +prescribed for them.[531] + + * * * * * + +[Sidenote: _PERSISTENT BELIEF_] + +Thus the two lands in Christendom, in which the Inquisition was +thoroughly organized, escaped the worst horrors of the witch-craze. The +service rendered, especially by the Spanish Holy Office, in arresting +the development of the epidemics so constantly reappearing, can only be +estimated by considering the ravages in other lands where Protestants, +who had not the excuse of obedience to papal authority, were as ruthless +as Catholics in the deadly work. Did space permit, it would be +interesting to trace the development and decline of the madness +throughout Europe, but it must suffice to allude to Nicholas Remy, a +witch-judge in Lorraine, who boasts that his work on the subject is +based on about nine hundred cases executed within fifteen years,[532] +and to the estimate that the total number in Germany, during the +seventeenth century, was a hundred thousand.[533] In these, burning +alive was often considered an insufficient penalty, and the victims were +torn with hot pincers or roasted over slow fires. France was less a prey +to the delusion than Germany, but, in 1609, Henry IV sent a commission +to cleanse the Pays de Labour of witches, which, in the hurried work of +four months, burnt nearly a hundred, including several priests, and was +obliged to leave its task uncompleted, for the land was full of them; +two thousand children were transported to the aquellares almost every +night and the assemblages consisted of a hundred thousand, though some +of these were phantoms.[534] For Great Britain the total estimate of +victims is thirty thousand, of whom about a fourth may be credited to +Scotland.[535] When, in 1775, Sir William Blackstone could deliberately +write "To deny the possibility, nay, actual existence, of witchcraft and +sorcery is at once flatly to contradict the revealed word of God.... and +the thing itself is a truth to which every nation in the world hath in +its turn borne testimony,"[536] we cannot judge the Inquisition harshly +for maintaining to the last its existence in theory, while refusing to +reduce that theory to practice. + + NOTE.--Since this chapter was in type, the indefatigable Don Manuel + Serrano y Sanz has printed in the _Revista de Archivos_ (Nov.-Dic. + de 1906) the second discourse by Pedro de Valencia on the Auto de + fe of Logroño. In this he states that in the previous one he had + only had opportunity for a cursory glance at the proceedings of the + auto, and had taken into consideration exceptional cases which God + may have permitted of old. Now that he had thoroughly examined the + confessions of the culprits he proceeds to give in much detail the + monstrosities which they relate and concludes with a brief + expression of the convictions resulting therefrom. This is that the + aquelarre has nothing supernatural about it, such as flying through + the air and the presidency of the demon in the shape of a goat. It + is merely a nocturnal assemblage on foot of men and women to + gratify disorderly appetites, inflamed perhaps by the instigation + of the devil, and that their confessions are fictions invented to + cover their wickedness. From this he concludes that they should be + held not as confessing but as denying--which, under the + inquisitorial code, would expose them to the fiery death of the + _negativo impenitente_. He is careful, moreover, not to discredit + the poisonings and the inunctions to cause sleep and dreams. + Unfortunately the paper is not dated; it may have been seen by + Salazar Frias, but if so it exercised no influence on him, as + appears from the different conclusion reached in his report. + + Señor Serrano y Sanz states that in 1900 he printed the first + discourse of Pedro de Valencia in the _Revista de Extremadura_. + + + + +CHAPTER X. + +POLITICAL ACTIVITY. + + +[Sidenote: _DEVELOPMENT OF ABSOLUTISM_] + +Joseph de Maistre, in his profound ignorance of the Inquisition, started +the theory that it was a mere political agency.[537] Apologists, like +Hefele, Gams, Hergenrother and others, have eagerly elaborated this idea +in order to relieve the Church from responsibility for its misdeeds, +wholly overlooking the deeper disgrace involved in the assumption that +for three centuries the Holy See assented to such misuse of delegated +papal authority, and stimulated it with appropriations from +ecclesiastical revenues.[538] They base their arguments on the +difference between the Old and the New Inquisition--the former +consisting of inquisitors selected by Dominican or Franciscan +Provincials, and the latter organized with its inquisitor-general and +supreme council, appointed by or with consent of the sovereign, so that +its whole corps was virtually composed of state officials[539]--forgetting +that their authority consisted of apostolical faculties, delegated by +the popes and exercised without restraint through their recognition by +the State. Ranke falls into the same error and so do Maurenbrecher and +some other Protestant historians, apparently in an overstrained effort +at impartiality and without investigation of the facts.[540] In the +Catholic reaction since the time of Hefele, the most advanced writers +of that faith no longer seek to apologize for the Inquisition, and to +put forward royal predominance to relieve it from responsibility. They +rightly represent it as an ecclesiastical tribunal which discharged the +duty of preserving the religious purity for which it was created.[541] + +The synchronism of the development of the Inquisition and of absolutism +in Spain renders seductive the theory that the one was the product of +the other, but this is wholly fallacious. Nowhere in the transformation +of the State does the Inquisition appear as a factor. Isabella, as we +have seen, laid the foundations of monarchism when she subdued the +anarchy pervading Castile by the vigorous assertion and extension of the +royal jurisdiction. Ferdinand eliminated some of the most troublesome +elements of feudal power when he incorporated in the crown the +masterships of the great Military Orders. The restiveness of the nobles +under the unaccustomed restraint manifested itself when, in 1506, they +flocked to Philip and Juana, had the Inquisition been a political force, +Ferdinand would have used it, for Inquisitor-general Deza was devoted to +him, in place of which he suspended it. After the death of Philip I, +during the retirement of Juana and the absence of Ferdinand, the nobles +attempted to reassert themselves but, when he returned, the severe +punishment of the Marquis of Priego, the great Duke of Medina Sidonia, +Don Pedro Giron and others, was a severe blow to feudalism, redoubled, +after Ferdinand's death, when Ximenes as governor raised a standing army +and crushed the rebellion of the Girons and their allies, punishing them +with the destruction of the town of Villadefrades. What remained of +feudalism disappeared under the steady policy of Charles V and Philip +II, in keeping the great nobles aloof from the higher offices of state, +and employing them in military service abroad or in vice-royalties, +until they became mere courtiers, wasting their substance in adding to +the splendor of the throne. In all this there is no trace of the +Inquisition, nor is there in the rise and suppression of the +Comunidades, which destroyed the privileges of the communes, and left +the crown supreme. The comuneros had no grievance against the +Inquisition, nor had it any share in their defeat and punishment, +although Charles V applied to Leo X for special briefs empowering it to +act and one was granted, commissioning Cardinal Adrian to try and punish +ecclesiastics concerned in the movement.[542] Even when Acuña, Bishop of +Zamora, was prosecuted, as we have seen, the Inquisition was not charged +with the work, as Ranke mistakenly asserts. The revolt arose from the +coercive measures applied by Charles to the Córtes of 1518 and 1520, by +which he reduced to impotence the only representative and deliberative +body of the nation. Thus the last obstacle to autocracy was swept away, +and thenceforth royalty was supreme. The process was a normal +development, such as accompanied the downfall of feudalism throughout +Europe and, from first to last, it accomplished itself without aid or +opposition on the part of the Inquisition. + +Much has been made of the saying attributed to Philip II, that he kept +his dominions in peace with four old ecclesiastics, and the Suprema was +fond of referring to this, when putting forth claims for its services, +but it meant nothing except that the Inquisition maintained religious +unity, which, in that age and in view of the troubles in France, the +Netherlands and Germany, was not unnaturally regarded as the sole +guarantee of internal quiet--in fact, the Suprema, when quoting the +remark, in 1704, says expressly that Philip uttered it in reference to +the turbulence of the Huguenots.[543] That Philip himself did not regard +the Inquisition as a political instrument sufficiently appears in his +private and confidential instructions of May 7, 1595, to Gerónimo +Manrique de Lara, when appointing him inquisitor-general; his anxiety is +solely for the faith and there is not the slightest intimation that +political service would be expected.[544] + +[Sidenote: _IRREGULAR FUNCTIONS_] + +Yet the average statesman has few scruples in employing any agency at +hand to effect his purposes, and to this the Spanish monarchs were no +exception. When it suited them to use the Inquisition they did so but, +in view of their control over it, their employment of it was singularly +infrequent, prior to the advent of the Bourbon dynasty. In the Old +Inquisition, with which writers like Hefele endeavor to establish a +contrast in this matter, Philip the Fair used it to destroy the +Templars, the Regent Bedford to burn Joan of Arc, and Alexander VI to +rid himself of Savonarola--three cases to which no parallels exist in +the annals of the Spanish Holy Office. The nearest approach to them is +to be found in the trials of Carranza, Antonio Pérez and Villanueva. In +the first and last of these, as we have seen, inquisitors-general +instituted action for their own purposes and the monarchs were brought +in to their support. The case of Antonio Pérez will be discussed +presently and need not be further referred to here. + +Still, a tribunal, whose undefined powers and secrecy of action fitted +it so perfectly for use as a political agent, could scarce exist for +centuries without occasionally being called upon, and the only +legitimate source of surprise is that it was so rarely employed and that +the objects for its intervention were usually so trivial. Ferdinand +occasionally found it a convenience in settling questions outside of its +regular functions, as when Marco Pellegrin appealed to him in a dispute +with the authorities of his city and Ferdinand wrote, August 31, 1501, +to the inquisitor of the place, charging him to examine the question and +do justice, for which he gave him full royal power. So when, in 1500, +complaints reached him from Valencia of injustice in the assessments for +a servicio, he ordered the papers to be submitted to the inquisitor who +was to report to him, and, in 1501, he called for a report from the +inquisitor of Lérida as to the necessity of certain repairs to the +castle.[545] When, in 1498, he was endeavoring to carry out in Aragon +the reform of the Conventual Franciscans, which Ximenes had undertaken +in Castile, and they had obtained papal briefs restraining him, he +applied to the pope to revoke the letters and meanwhile obtained others +from the nuncio, which he transmitted to the tribunal of Saragossa with +instructions to act promptly. The inquisitors carried on the reform much +to his satisfaction and, when the frailes got the public authorities to +protect them, he instructed the inquisitors to represent that they were +acting under apostolic authority, that there was no violation of the +liberties of the kingdom, that they were salaried by the king, not only +for the Inquisition but for whatever duties he might assign to them; +they were therefore public officers and, if the Saragossa authorities +should endeavor to create scandal, they would be duly punished. This +distinction between inquisitorial and non-inquisitorial functions, +however did not prevent him, when occasion required, from enforcing +outside operations with inquisitorial authority. In 1502, when +prosecuting, in the same way, the Franciscan reform in Sardinia and the +Bishop of Ocaña, in virtue of a surreptitious papal letter, released +from the castle of Fasar the Franciscan vicar, Ferdinand wrote with much +indignation to him and to the governor of Cabo de Lugador; it was great +audacity to intervene, in a matter concerning the Inquisition, without +consulting him or the inquisitor-general; the prisoner must be +recaptured forthwith and be held until the inquisitor and _reformador +apostolico comes_.[546] + +This indicates the dangerous tendency to extend inquisitorial activity +beyond its original limits, and it is remarkable that a monarch +entertaining these conceptions and engaged in the struggle with +feudalism should not have frequently sought the assistance of the Holy +Office. The only definite case that I have met with of its political use +occurred in 1507, when Cæsar Borgia escaped from the castle of Medina +del Campo to Navarre, and was made commander of his army by Jean +d'Albret, whose sister Charlotte he had married. Ferdinand vainly +endeavored to obtain his surrender and then caused a prosecution to be +brought against him in the Inquisition for heretical blasphemy and +suspicion of atheism and materialism. As Cæsar came to his death, March +12, 1507, while besieging the castle of Viana, which held out for Luis +de Beaumont, and the prosecution was abandoned, we can only conjecture +what the outcome might have been.[547] Navarre was also the scene of a +trivial political use of the Inquisition in 1516, when, as we have seen +(Vol. I, p. 227) it was instructed to ascertain the names of those +friendly to Jean d'Albret. + +[Sidenote: _ANTONIO PEREZ_] + +There was evidently a purpose to use the Inquisition against the revolt +of the Germanía of Valencia, when a brief of October 11, 1520, was +obtained from Leo X, granting to Cardinal Adrian faculties to proceed +against all persons conspiring against public peace. No use seems to +have been made of this, but the Valencia tribunal had an opportunity of +making itself felt towards the end of the disturbances. After Vicente +Peris, the leader of the _Agermanados_ was killed in a tumult, March 3, +1522, a mysterious individual, known as _el Encubierto_, and variously +described as a hermit from Castile and as a Jew from Gibraltar, +presented himself as the avenger of Peris and became the spiritual chief +of those who kept up the revolt in Játiva and Alcira. He assumed to be a +prophet and the envoy of God, which brought him under the ordinary +jurisdiction of the Holy Office, and it made record of the heresies +uttered by him in a sermon preached at Játiva, March 23d. He organized a +conspiracy in Valencia, but one of the accomplices, named Juan Martin, +was betrayed and was seized, by the Inquisition. El Encubierto was +assassinated, May 18th, at Burjasot, and his head was cut off; the +corpse was brought to Valencia, where the inquisitors had it dragged +through the streets on the way to the tribunal. He was condemned as a +heretic, the headless body was relaxed and burnt and the head was set +over one of the gateways.[548] The action of the Inquisition had no +influence on the course of affairs, but it manifests the readiness of +the tribunal to assert itself as a political force. + +The fable that the Inquisition was invoked to accomplish the death of +Don Carlos, in 1568, has been sufficiently disproved to call for no +attention here. There is probably, however, more truth in the statement +that, about the same time, Philip II, in promotion of his designs on the +remnants of Navarre, caused Inquisitor-general Espinosa to collect +testimony as to the notorious heresy of Jeanne d'Albret and her +children, and formed with the Guises a plot to abduct and deliver her to +the tribunal of Saragossa, but the secret was not kept and the attempt +was abandoned.[549] Perhaps, also, we may class with political service +the utilization by Philip of the Inquisition to supply him with +galley-slaves. + +The most prominent instance of the employment of the Inquisition in a +matter of State was in the case of Antonio Pérez. Its dramatic character +attracted the attention of all Europe; the mystery underlying it has +never been completely dispelled, and its resultant effect upon the +institutions of Aragon invests it with an importance justifying +examination in some detail. + +Antonio Pérez was the brilliant and able favorite of Philip II, who in +1571 succeeded his patron, Ruy Gómez, Prince of Eboli, in acquiring his +master's fullest confidence and becoming the most powerful subject in +Spain. In 1573, the Venitian envoy Badoero describes him as a most +accomplished man, whose courtesy and attractive manners soothed the +sensibilities of those provoked by the delays and penuriousness of the +king, while his dexterity and ability promised soon to make him the +principal minister. At the same time, he was a man of pleasure and the +magnificence of his daily life was the admiration of his +countrymen.[550] He found his fate in the widow of his patron, the +Princess of Eboli. Sprung from the noble house of Mendoza, she was +proud, vindictive and passionate, unflinching in the gratification of +her desires and reckless as to the means. Whether Philip II had been her +lover, and if so whether he was favored or rejected, is a disputed +question, which we need not discuss; it suffices that Pérez, who had a +devoted wife in Juana Coello, became enamoured of her mature charms and +a slave to her imperious will. + +[Sidenote: _ANTONIO PEREZ_] + +Don John of Austria had been sent to the Netherlands on the desperate +task of pacifying them, and had been left without resources. Much to the +king's displeasure, he sent, in July, 1577, his secretary, Juan de +Escobedo, to Madrid to urge the necessity of supplying funds. Escobedo +was thoroughly honest, but rugged and uncourtly, and the vigor of his +representations increased the royal ill-humor. Pérez had for some time +been secretly fanning the king's suspicions of his half-brother's +designs, even to the point, it is said, of mistranslating cypher +despatches. He represented Escobedo as an emissary sent to perfect Don +Juan's plans, including a descent upon Santander and raising Castile in +revolt. Convinced that Escobedo must be put out of the way, Philip +ordered Pérez to procure his death. If Pérez felt any scruple as to +this, it was removed by the fact that Escobedo, who was a retainer of +the house of Mendoza, discovered the relations between the princess and +the favorite; he remonstrated with freedom and threatened to inform the +king. His doom was sealed and, after two ineffectual attempts at poison, +bravos were hired who assassinated him in the street on the night of +March 31, 1578, and were rewarded with commissions in the army of Italy. + +Suspicion fell on Pérez, whose fellow-secretary and bitter enemy, Mateo +Vázquez, reported the rumors to the king. The princess in her wrath +threatened that Vázquez should share the fate of Escobedo; the court was +divided into factions which Philip vainly sought to pacify. He was bound +in honor to protect his instrument, and repeatedly assured him that he +was in no danger, but, whether he was beginning to realize that he had +been unpardonably deceived, or was prompted by jealousy of the relations +between Pérez and the princess, he at length was willing to sacrifice +his secretary as an escape from a situation that was becoming +impossible. Some one to replace him was required; Cardinal Granvelle, +then living in retirement in Rome, was sent for; he arrived at the +Escorial, July 29, 1579, and, on the preceding night Pérez and the +princess were arrested in Madrid. She was carried to the castle of Pinto +and was kept in strict confinement until February 1581, when she was +allowed to return to her palace at Pastrana, when her extravagant freaks +caused her affairs to be placed in charge of a commission, leading to +her virtual imprisonment until her death, February 2, 1592. + +Pérez, meanwhile, had undergone various vicissitudes of imprisonment, +more or less harsh. In May, 1582, Philip ordered an investigation into +the different branches of administration, directed principally against +Pérez. This resulted in showing that he had habitually sold the royal +favor and, in January, 1585, he was condemned to two years' imprisonment +in the castle of Turruegano, to ten years' exile from the court, and to +refund 12,224,739 maravedís, of which 7,371,098 went to the fisc and the +balance to the heirs of Ruy Gómez, in restitution of presents given to +him by the princess. The family of the murdered Escobedo had been vainly +clamoring for justice. Philip had shrunk from being compromised in the +affair, but now that Pérez was thoroughly disgraced, if the documents +proving his own complicity could be secured, Pérez could safely be +sacrificed to justice. His wife, Juana Coello, was imprisoned and +threatened with starvation unless she would surrender his papers; she +resisted heroically until a note from Pérez, which he says was written +with his blood, permitted her to do so, but he had, with his usual +foresight, abstracted from them in advance and placed in safety what he +deemed necessary for his justification. + +In the summer of 1585, Philip permitted the Escobedo kindred to commence +the prosecution. Antonio Enríquez, the page of Pérez, who had arranged +the assassination, gave full testimony, but the _conteste_, or +corroboration by another witness was lacking. The affair dragged on, +until, September 28, 1589, Pedro Escobedo, son of the victim, abandoned +it for the sum of twenty thousand ducats and pardoned his father's +murderers. Philip's rancor, however, had deepened with time, and the +prosecution was continued. Pérez was tortured, February 22, 1590, when, +at the eighth turn of the _cordeles_, his resolution gave way; he +confessed the crime at the royal command and stated the reasons which +had moved the king to order the murder. Soon after this he took to his +bed and was reported to be dangerously sick; his wife, early in April, +was admitted to attend him and, on the 20th, by a side-door, of which he +had procured a false key and from which the bolts had been removed, he +escaped at night. Friends with horses were in waiting and he took the +road to Aragon. He was of Aragonese descent, so that he could claim the +fueros and the court of the Justicia, which, as we have seen, sat in +judgement between the sovereign and his subjects. + +Aragon, at the moment, was especially excited in defence of its +privileges, among which was the claim that none but an Aragonese could +serve as viceroy. Philip was contesting this and had sent the Count of +Almenara to conduct a suit on the question before the court of the +Justicia. Almenara earned general ill-will by assuming superiority over +all the local officials; the Count of Sástago, then viceroy, resisted +his pretensions and was removed and replaced by Andrés Ximeno, Bishop of +Teruel, a timid and irresolute man; so great became Almenara's +unpopularity that a nearly successful attempt was made to burn at night +the house which he occupied; there was a spirit of turbulence abroad, +peculiarly favorable to Pérez, who came to claim the protection of the +fueros as a faithful servant, whom his king was endeavoring to destroy, +in reward of his fidelity. + +[Sidenote: _ANTONIO PEREZ_] + +Philip's wrath was boundless. His first impulse was to wreak vengeance +on the helpless wife and children, who were thrown into prison, where +they lay for nine years until after their persecutor had gone to his +last account. Orders were at once despatched to seize the fugitive, dead +or alive, before he should cross the Ebro, and so swift were the +pursuers that they reached Calatayud, where he made his first halt, only +ten hours after him. He threw himself into the Dominican convent for +asylum, while his faithful friend, Gil de Mesa, who had accompanied him, +hurried forward to Saragossa and claimed for him the _manifestacion_ +which secured for him the jurisdiction of the Justicia. Alonso Celdran, +lieutenant of the governor, rushed to Calatayud and, after some +difficulty, forcibly removed Pérez from the convent, but the veguero of +the Justicia came with letters of manifestacion and obliged him to +surrender his prey. Nobles and gentlemen flocked to Calatayud, and Pérez +was conducted to Saragossa in a veritable triumphal procession, where he +was received by the populace as though he were a king and was safely +lodged in the _cárcel de los manifestados_. Then commenced the curious +spectacle of a duel to the death between the disgraced fugitive and the +whole power of the greatest monarch of Christendom, giving us an +enlarged respect for the fueros of Aragon to see that the monarch was +helpless until he invoked the overriding powers of the Inquisition, +under the pretext that his thirst for vengeance was a matter of faith. + +Had the political utility of the Inquisition been the customary +expedient that has been asserted, recourse would have been had to it at +once. As soon as the flight of Pérez became known, a special junta had +been formed in Madrid to manage the affair, and there Juan de Gurrea, +Governor of Aragon, familiar with the institutions of his native land, +advised that the Inquisition be at once invoked, but there was +repugnance to do this and it was resolved to rely on the regular process +of law. Philip presented a formal accusation to the court of the +Justicia alleging that Pérez had had Escobedo killed, falsely using the +king's name; that he had betrayed the king by divulging state secrets +and altering despatches, and that he had fled. The documents were sent +to Almenara, who pushed the prosecution, while Pérez endeavored to +convince the king that it would be better to allow the matter to drop +and permit him to live in obscurity rather than to bring the +compromising documents to light, as there was no secrecy in Aragonese +procedure. He wrote in this sense to Fray Diego de Chaves, the royal +confessor, and he sent, by the Prior of Gotor, copies of the papers to +Philip, who gave the prior two or three audiences, read the papers and +then, on July 1st, published a sentence condemning Pérez to be hanged +and beheaded, with confiscation. At the same time instructions were sent +to Almenara to push the prosecution and to find some means to seize +Pérez and convey him to Castile. + +Pérez had already drawn up a memorial replying to the charges, in which +he observed considerable reticence. Now he threw off all reserve and +prepared another, fortified with documents exposing Philip's share in +the tragedy, and representing himself as undergoing ten years of +persecution in reward for faithful service. Philip asked Batista de +Lanuza, a lieutenant of the Justicia, to send him a copy of the memorial +with his opinion as to the result. Lanuza in reply said he expected an +acquittal, whereupon Philip withdrew the prosecution on the grounds that +it would reveal matters not proper for publication, declaring at the +same time that Pérez had committed crimes as great as any subject could +and he reserved the right to prosecute him elsewhere. The Justicia, +however, continued the case which resulted in acquittal. Then an +accusation was brought that Pérez had poisoned his astrologer, Pedro de +la Hera, and his servant Rodrigo de Morgado, but these charges were +easily refuted and again he was acquitted. Then an attempt was made +under an Aragonese law permitting _inquisitio_ or inquest, in +accusations of officials by the king, and he was prosecuted for +misfeasance in office, but he proved that he had served Philip as King +of Castile, not of Aragon, and that he had already been tried and +punished for the alleged offences, so this also failed. The principal +object of these successive actions was to prevent his discharge from +prison, but they had the effect of heightening the popular enthusiasm +for Pérez, whose cause became identified with the preservation of the +fueros. + +As a last resort, when all legal processes were exhausted, recourse was +had to the Inquisition. For this some charge involving the faith was +necessary and the first suggestion was an assumed attempted flight to +the heretics of Béarn. A safer base of operations, however, was devised +by Almenara, who won over by bribery an old servant, Diego Bustamente +and a teacher named Juan de Basante in whom Pérez had the fullest +confidence. In explosions of despairing wrath, they said, he had uttered +expressions indicating disbelief in God and blasphemous rebellion +against His will. We have seen how much of inquisitorial activity was +directed against more or less trivial ejaculations of the kind, and it +was strictly in rule to act upon such denunciations. It mattered little +on what grounds the Holy Office might obtain possession of him; once in +its hands, he would be conveyed, openly or secretly, to Castile, where +his fate was certain and, before the dreaded words "a matter of faith" +all barriers were vain. + +[Sidenote: _ANTONIO PEREZ_] + +Inquisitor Medrano put the testimony in proper shape and forwarded it +to the Suprema. Philip ordered that Fray Diego de Chaves should be the +sole calificador and he, within twenty-four hours, pronounced the +expressions to be heretical. On the strength of this, Inquisitor-general +Quiroga and the Suprema, on May 21, 1591, issued orders for the arrest +of Pérez and his confinement in the secret prison for trial. + +This was hurried to Saragossa, where it was received on the 23d, and on +the 24th, the three inquisitors, Medrano, Mendoza and Morejon, issued a +warrant of arrest, which was presented at the prison of Manifestacion +and was refused obedience. The tribunal then sent, between 9 and 10 +A.M., to the lieutenants of the Justicia a mandate, under the customary +penalties, requiring the surrender in spite of the pretended right of +manifestacion, which was abolished in matters of faith. This could not +be evaded and the officials of the Justicia were sent to the prison with +orders to deliver Pérez to the alguazil of the tribunal. He was put in a +coach and driven to the Aljafería, a short distance beyond the gates, +where the Inquisition had its seat. + +Two servants of Pérez carried the news to Diego de Heredia and Gil de +Mesa, who assembled their friends and sallied into the streets, with the +cry, _Contrafuero! Viva la libertad y ayuda a la libertad!_--the cry +which, under the law, could only be raised by order of the Justicia and +which, as we have seen, summoned every citizen to come in arms and +defend the liberty of the land. The tocsin of the cathedral was tolled +and the city rose. Under the leadership of nobles and gentlemen, a part +of the mob rushed to the dwelling of the hated Almenara. The Justicia, +Juan de Lanuza, with his two sons and his officials, endeavored to +protect him, but the door was battered in; he refused to fly, but +allowed himself to be conducted to prison, on the promise of the mob to +spare his life, but he was attacked on the way and, when the prison was +reached, it was with injuries of which he died within a fortnight. + +The other section of the populace hastened to the Aljafería and demanded +the restoration of Pérez and of his friend Francisco Majorini, who had +been included in the prosecution and surrender. Don Pedro de Sesé is +said to have brought four hundred loads of wood with which to burn the +castle in case of refusal, and the situation was menacing in the +extreme. The Viceroy Bishop of Teruel came and urged the inquisitors to +compliance. The Archbishop Bobadilla wrote three notes, in increasing +desperation--his palace and that of the Justicia would be burnt that +night if Pérez were not given up. For five hours the inquisitors +resisted this pressure, but finally they yielded, though even then they +safeguarded their authority with an order that Pérez's place of +confinement should be changed from the secret prison to that of the +manifestados. At 5 P.M. the prisoners were delivered to the Counts of +Aranda and Morata, with a protest that the trial would be continued. +Pérez was conveyed back in a coach to his former prison; the people +could not see him and were not satisfied until the viceroy made him +stand up and show himself, when they shouted that he must appear at a +window thrice daily to prove that no wrong was done him in violation of +their liberties and fueros. + +There was a tradition that Queen Isabella had once expressed a wish that +Aragon would revolt, so that an end could be put to the fueros which +limited the royal power. Such an opportunity had now come and Philip was +not a sovereign to neglect it. Cabrera relates that, when he lay sick at +Ateca and the Count of Chinchon brought him the news, he rose at once +from bed, had himself dressed and commenced sending despatches in all +directions, ordering the levy of troops. He also wrote to the towns of +Aragon and to the nobles, protesting that he meant no violation of their +privileges, and the answers encouraged him greatly, for they condemned +the troubles at Saragossa and proffered their services. The Inquisition, +moreover had opened to it an enlarged field of operations, for which it +had abundant justification. Already, on June 4th, the Council of Aragon +presented a consulta, calling attention to the impeding of its action, +in the threatening of the inquisitors and the killing of a servant of +one of them; they should therefore commence to take testimony and arrest +the culprits, one by one, who should be relaxed; in such a matter of +faith the nobles could not plead privilege and there could be no +manifestaciones and firmas. + +[Sidenote: _ANTONIO PEREZ_] + +Work to this end was commenced at once in Madrid. Anton de Almunia, who +had testified against Pérez, had fled thither with a tale of the threats +uttered against him to force him to revoke his evidence. This was a +crime against the Inquisition and Pedro Pacheco, Inquisitor of Aragon, +was deputed to take his deposition; the investigation widened; all the +refugees from Aragon and enemies of Pérez were heard and it was shown +that the instigators of the troubles aimed at transferring Aragon to +France or to found a republic, and in this were implicated the Diputados +of the kingdom, the jurados of Saragossa and the gentlemen who favored +Pérez, including the Duke of Villahermosa, who was the head of Aragonese +nobility and the Count of Aranda, the richest and most powerful noble. +Even Inquisitor Morejon, who had not been as zealous as his colleagues, +was laid under suspicion. As a preparation for the impending struggle, +the Saragossa tribunal, under orders from Madrid, published, on June +29th, in all the churches, an edict embodying the savage bull _Si de +Protegendis_ of Pius V, concerning impeders of the Inquisition, in +virtue of which all persons were called upon to aid it, not only in the +matter of Pérez but of all others. This created intense excitement; an +armed mob assembled in the plaza of the cathedral and discussed whether +they were included in the papal censures and if so what remedies should +be tried to preserve their liberties, while multitudes sought their +confessors and asked to be absolved from the _ipso facto_ +excommunication incurred. The Diputados complained to the king and to +Quiroga of this stirring up of trouble, when every effort was required +to maintain quiet, but they only received from the king a reply thanking +them for their zeal for peace. + +Pérez and his friends meanwhile were busy in provoking excitement by +addresses and pasquinades in prose and verse, stigmatizing their +opponents and urging vigilance in defence of the fueros. He also +petitioned the Zalmedina to investigate the methods by which Almenara +and Medrano had gathered evidence against him, and the testimony thus +obtained as to bribes, promises and threats had large influence on +public opinion. When the results, however, were sent to Philip by the +Diputados, he merely replied that he had not read them, for the whole +was invalid because witnesses before the Inquisition could only be +impugned in it; Pérez must be returned to the tribunal before anything +else could have attention. The papers however were carefully preserved, +for the mere investigation was a grave offence against the Inquisition, +which was subsequently charged against its authors. The Inquisition +judged all men and was to be judged by none and, in the sacredness which +shielded it, any attempt to examine its methods was a crime. + +As the summer drew to a close, the cooler-headed citizens became anxious +for an accommodation. Conferences were held with jurists and it was +recognized that the position was untenable, that Pérez must be +surrendered and an understanding was reached with the inquisitors as to +certain unimportant conditions which avoided the appearance of complete +abandonment. The aspect of the populace, however, was threatening, and +the nobles brought their retainers to the city to enforce order. Philip +had no objection to the delays which enabled him to collect his forces +at Agreda, on the Castilian border, and September 24th was named for the +delivery of Pérez as a solemn public act. He was fully alive to the +danger and resolved on escape; a file was furnished to him with which +during three nights he worked at his window bars. A few hours more would +have set him free when he was betrayed by his false friend Juan Basante, +who still retained his confidence and was to share his flight. He was +transferred to a stronger cell, where he was kept incomunicado, with a +guard of thirty arquebusiers, watching him day and night. + +On September 22d died the Justicia, Juan de Lanuza, an old and +experienced man, succeeded by his son of the same name, who was but 27 +years of age, universally beloved on account of his many good qualities, +but untried and lacking in influence. Great preparations were made for +the surrender on the 24th. The gates were closed, troops were posted, +the streets from the prison to the Aljafería were patrolled by cavalry, +and death was threatened for the slightest disturbance. Complicated +formalities were observed when the mandate for the delivery of Pérez and +Majorini was presented to the court of the Justicia by Lanceman de Sola, +secretary of the tribunal. Under guard of arquebusiers a procession was +formed of officials and dignitaries, who on reaching the market-place +bestowed themselves in the overlooking windows. The prison was entered, +Pérez and Majorini were produced, shackles were placed on them and they +were formally surrendered to Lanceman de Sola. The coaches to convey +them were brought up and they were descending the stairs when the roar +of a multitude outside brought a pause. + +[Sidenote: _ANTONIO PEREZ_] + +The friends of Pérez had not been idle. The gentlemen who still adhered +to him had brought their retainers to the city; propagandism had been +active and a majority of the arquebusiers declared themselves ready to +die in defence of the fueros. The streets were filled with clamorous +crowds; already during the march of the procession, stones had been +thrown and now, under the leadership of Diego de Heredia and Gil de +Mesa, the market-place was attacked on several sides. Some of the guards +were slain, others fled and others joined the assailants. The plaza was +strewn with some thirty dead and numerous wounded; the governor's horse +was shot and he escaped to a house which was promptly set on fire; the +notables at the windows broke out a way to escape by the rear and +hurried off amid the insults of the people. Inside the prison the +officials saved themselves by flight over the roof, except a lieutenant +of the Justicia who made Pérez show himself at a window to calm the mob, +which sent up shouts of joy and commenced to break in the doors, when he +was delivered to them through a postern. He was carried in triumph to +the house of Diego de Heredia and then Majorini was remembered. He was +sent for; the prison was found abandoned and he was set free. + +Pérez mounted a horse and, accompanied by Gil de Mesa and Francisco de +Ayerbe, with a couple of servitors, fled to the mountains, reaching +Alagon that night and Tauste the next day, where he rested five days in +the house of Francisco de Ayerbe. The agents of the Inquisition tracked +him and came near seizing him; when, finding escape to France blocked, +he returned secretly to Saragossa, by the advice of Martin de Lanuza, in +whose house he was secreted, while directing the course of affairs. The +city had been in a state of chaos, the magistrates not daring to show +themselves, but through his counsels comparative tranquility was +restored under Diego de Heredia. He set to work to organize Aragon, +Catalonia and Valencia in opposition to Castile, with a view of forming +a republic under the protection of France, but his efforts met with no +practical response. + +Aragon itself was lukewarm. The assembling of an army at Agreda under +Alonso Vargas, a distinguished captain, with the pretext of an +expedition to France, gave warning that revolt would be crushed with a +heavy hand and both sides sought the support of the kingdom at large. In +Saragossa the fuero prohibiting the introduction of foreign troops was +invoked, and the new Justicia, Juan de Lanuza, was summoned by the +Diputados to call the kingdom to arms to resist the _contrafuero_. He +did so with a proclamation, October 31st, ordering the towns and nobles +to send their quotas to Saragossa on November 5th, but the course of +affairs at Saragossa had been watched with disfavor. Jaca responded with +protestations and not with men; Daroca sent thirty musketeers; Bielsa, +Puertolas and Gistain furnished two hundred men who turned back after +reaching Barbastro. There were disturbances at Teruel which only +resulted in the punishment subsequently inflicted on the leaders. The +other towns united in a letter to the Justicia, declaring Philip to be +the defender of the fueros and those who resisted him to be the +violators, and the same ground was taken by the nobles and gentry +outside of Saragossa. Villahermosa and Aranda had remained in the city +by Philip's orders, and were forced to serve on the council of war which +was formed, but they were regarded with suspicion and were insulted and +menaced. + +This practical abandonment produced profound discouragement and the +gates were locked to prevent desertions, but all who could left the +city. The leaders, however were too deeply compromised to withdraw and, +in their irritation, they provoked quarrels and discord. To give an air +of legality to resistance the leadership of the Justicia was essential, +and they summoned Juan de Lanuza to take the field with the municipal +forces. He and the Diputado Juan de Luna established relations with +Villahermosa and Aranda and all four agreed to escape on the occasion of +a review to be held on November 7th, but when Lanuza ordered a gate to +be opened and the review to be held outside the walls, there was a cry +of treason. Villahermosa and Aranda succeeded in escaping and took +refuge in Epila, a fortified town belonging to Aranda, but Lanuza and +Luna were pulled from their horses and were with difficulty rescued +alive. + +Bruised as he was, however, Lanuza was forced, the next day, to take the +field at the head of four hundred men, the rest of the forces following +the next day, and with a so-called army of two thousand he advanced to +Utebo, to contest the advance of Vargas, who had crossed the border +November 7th with a well-equipped force of twelve thousand foot and two +thousand horse, supported by sufficient artillery. A messenger from +Vargas offering terms gave him an opportunity of escape and, accompanied +by Luna, he sought the refuge of Epila. When the news of this spread +through the camp the little army disbanded and Vargas, on November 12th, +presented himself before the Aljafería, to the great joy of the +inquisitors. The viceroy and officials came forth to welcome him, and he +made a triumphal entry into the city. The plaza of the cathedral was +made a _place d'armes_, heavy guards were posted, cannon commanded the +streets and the soldiers were billeted on the citizens. The working +classes had abandoned the town and there were more than fifteen hundred +vacant houses. + +[Sidenote: _ANTONIO PEREZ_] + +Pérez had been watching the wreck of his schemes of vengeance, and, not +caring to share in the ruin that he had wrought, he sought to save +himself. Martin de Lanuza escorted him to a gate and had it opened for +him and, on the 10th, two days before the arrival of Vargas, he took +the road to Sallent, on the French frontier. The next day Don Martin +offered to the Diputados to die for the city if they proposed to defend +it, but, as they did not, he suggested that the gates be opened and that +all who desired be allowed to depart. This was done and, in the exodus +that followed, he betook himself to the mountains in order to save +Pérez. + +Resistance had ceased, but there was still some apprehension as to what +was known as the Junta of Epila, where Lanuza had invited a conference +to consult as to the best means of preserving the fueros. Such fears +were superfluous. Villahermosa and Aranda, at the earnest request of +Vargas, returned to Saragossa; Luna went into hiding and Lanuza retired +to his lands at Badallur, subsequently coming to Saragossa and resuming +his functions as Justicia. Vargas conducted himself with great +adroitness, receiving most graciously deputations from the towns, +inviting absentees to return and assuring every one that the fueros +would be respected. Then, on November 28th came the Marquis of Lombay, +as special royal commissioner, with letters assuring the preservation of +the fueros and clemency for culprits. He was received with great +distinction and was hailed as an _Angel de Paz_; all was thought to be +settled peacefully and the refugees returned. Vargas and Lombay urged +Philip to issue a general pardon with specified exceptions, to limit the +Inquisition to matters absolutely its own, to assemble the Córtes under +his own presidency and they even suggested Aranda as the new viceroy. + +Suddenly this dream of pacification was dispelled. Without communicating +his resolve to any one, Philip sent, by a secret messenger, an order +written in his own hand and not countersigned, to arrest the Justicia at +once "and let me know of his death as soon as of his arrest." He was to +be beheaded, his estates confiscated and his castles and houses razed to +the ground. Villahermosa and Aranda were likewise to be arrested and to +be sent to Castile. + +Vargas felt acutely his position in being thus forced to belie his +promises of clemency, but he was a soldier, trained to obey orders. +Lombay was indignant at the use made of him and asked to be relieved, a +request promptly granted for the court had no further need of him. +Vargas lost no time in executing the royal commands. The next morning, +December 19th, at 11 o'clock, Lanuza was arrested as he and his +lieutenant were on their way to mass, prior to opening their court. +Villahermosa and Aranda were enticed to Vargas's quarters on a pretext; +he detained them in friendly conversation until word was brought of +Lanuza's arrest, when he dismissed them and they were arrested as they +left him. In three hours they were placed in coaches, each with two +captains charged not to lose sight of them. Four companies of horse and +a thousand infantry guarded them to the border, after which two +companies of foot conducted them, Villahermosa to the castle of Burgos +and Aranda to the Mota of Medina del Campo. Both died in prison. + +The early light of the next dawn showed a black scaffold erected in the +market-place; the troops were under arms and cannon guarded the +approaches. The citizens shut themselves up in their houses and there +were none present but the soldiery who, we are told, although +Castilians, shed tears over the fate of Lanuza, whose brief three months +of office had brought him to such end. The executioner struck off his +head while he was reciting a hymn to the Virgin and he was honorably +buried, in the tomb of his ancestors in the church of San Felipe, the +bier being borne on the shoulders of high officers of the Castilian +army. + +This unexpected blow aroused indescribable terror throughout Aragon, and +the impression caused by the revelation of the hidden purposes of the +king was intensified by his granting to the Governor a commission +authorizing him to punish the notoriously guilty without regard to the +fueros. Under this there followed arrests and executions of those +compromised in the troubles, especially of those concerned in the death +of Almenara, including many men of rank, who were generally regarded as +innocent, or at most as lightly culpable. No one felt himself safe, and +the sense of insecurity was heightened by the razing of the houses of +the victims--the palace of the Lanuzas, one of the most conspicuous in +Saragossa, and those of Diego de Heredia, Martin de Lanuza, Pedro de +Bolea, Manuel Don Lope and others--the ruins made in the principal +streets symbolizing to the people the destruction of their liberties. +Nor was the Inquisition remiss in vindicating its insulted dignity. The +inquisitors had been changed and the tribunal now consisted of Pedro +Zamora, Velarde de la Concha and Juan Moriz de Salazar, who fully +realized the work expected of them. They filled the prisons of the +Aljafería with men of all classes, who had taken part in obstructing the +action of the Holy Office, though they subsequently, under orders from +Philip, delivered to Vargas certain of their prisoners who were marked +for execution for offences outside of inquisitorial jurisdiction. + +[Sidenote: _ANTONIO PEREZ_] + +Satisfied with the impression thus made, Philip now took measures to +calm the agitation. He withdrew the special commission of the Governor +of Aragon and promised to the accused a regular trial by an impartial +Aragonese judge. Then, on January 17, 1592, there was solemnly +proclaimed in Saragossa a general pardon, in which the king dwelt on his +love for Aragon and on his clemency, but also on his duty to enforce +justice and uphold the Inquisition. There were certain classes excepted +from the benefit of the amnesty, which, when subsequently applied to +individuals, amounted to 196, whom every one was ordered by proclamation +to capture wherever found. The promised impartial judge was appointed in +the person of Doctor Miguel Lanz, whose ignorance and cruelty were the +cause of bitter complaints. + +It was part of Philip's tranquilizing policy that the Inquisition should +issue simultaneously an edict of pardon, with exceptions like his own. +The two classes of culprits were largely distinct, and the tension of +the public mind could not be relieved until the extent of both should be +known. With this view, when drawing up his own proclamation, he ordered +the Suprema to do the same, but he encountered resistance. The +Inquisition was playing for its own hand. It had not only to avenge +insults endured but it was resolved to make the most of the opportunity +to break down the obstinate resistance in Aragon to its arbitrary +proceedings. The Suprema was therefore indisposed to accede to Philip's +wishes and, in a consulta of January 2d, it asked for delay. To this +Philip replied, in his own handwriting, that the postponement would +prevent the desired restoration of confidence and, where there were so +many involved, it sufficed to punish those most guilty. He was about to +publish his own pardon and he charged the Suprema to do the same on its +part with all despatch. + +Considerations such as these had no weight with the Suprema, which +calmly disregarded the king's wishes. The silence of the Inquisition +kept alive popular anxiety and, on March 3d, Philip renewed his urgency. +The pardon should be such as to give satisfaction to the people, +relieving from infamy those comprehended in it who should come and +confess spontaneously. Proceedings could be taken against those arrested +and fugitives, who could be summoned by edicts, and the pardon could be +general, excepting the prisoners and those cited and to be cited in +contumacy, without giving names, but all this he left to the Suprema to +do what it deemed best for the authority of the Holy Office. + +Philip evidently shrank from too positive insistence, and the Suprema on +various pretexts continued to postpone the pardon. In answer to renewed +urgency, it presented a consulta, April 29th, reporting its operations, +according to which the tribunal of Saragossa had recently voted the +arrest of a hundred and seventy-six persons; it had already seventy-four +in its prisons, and it contemplated the prosecution of three +hundred--which explains the reluctance to issue a general pardon. This +was so contrary to the policy of the king that he replied by suggesting +the liberation on bail of those whose offences admitted of it, and +suspending arrest in cases that might reasonably be condoned. He made no +allusion, this time, to a general pardon and the Inquisition carried its +point. Without issuing a pardon, on October 20th it celebrated an auto +de fe with more than eighty culprits, of whom all were impeders of its +free action, except a few Moriscos and a bigamist. Six were relaxed, +ostensibly as guilty of homicide in the disturbances of September 24, +1591, and the rest were penanced, mostly by exile from Aragon, although +some were sent to the galleys, among whom was Manuel Don Lope. The +procession at the auto was closed with the effigy of Pérez, condemned to +the flames in a sentence which, we are told, recited a million of +arrogant and ill-sounding propositions against God and the king, his +affection for Vandoma (Henry IV), treasons committed in his office of +Secretary, strong indications of sodomy, his flight to France, his +listening to preachers and taking communion with Huguenots, sufficient +to prove him a Huguenot, with presumption that all his actions had been +directed to that end and to destroy the Inquisition, as he was a +descendant of Jews and great-grandson of Aubon Pérez, a Jew who relapsed +after conversion, was burnt and his sanbenito was hanging in the church +of Calatayud. The sentence was relaxation, with disabilities of +descendants. + +[Sidenote: _ANTONIO PEREZ_] + +On the day of the auto Philip was at Rioja, on his way to Tarazona, +where the Córtes which had been called had been sitting and had nearly +finished its labors. As the Inquisition had still withheld its general +pardon, he again insisted that it be put into shape and sent to him, in +order that everything might be concluded before he reached Tarazona. +Still unsatiated and procrastinating, the Suprema replied with the names +of eleven persons, whom it characterized as principal leaders of the +tumults and asked him to give such instructions as he pleased. He +responded that he would delay answering till he reached Tarazona and +could survey the aspect of matters there. Some days later he wrote +asking that the propriety of issuing the pardon should be discussed, as +also the form which it should have. Thereupon the Suprema sent him a +form, with a letter to the inquisitors which he could forward, at the +same time stating that there were objections. The royal pardon was +unconditional and took effect of itself, but the Inquisition was not so +easily satisfied and required that all who availed themselves of its +mercy should make personal application and submission. The papal decree +_Si de protegendis_ inflicted an _ipso facto_ anathema on all who +obstructed in any way the action of the Holy Office, and this censure +had to be removed, wherefore the proposed formula required that all +applicants for pardon should seek relief from the censures, those +present within two months, and the absent within four, but the Suprema +added that publication should be preceded by edicts against seven +specified persons and others notoriously guilty who could not be named +without violating the secrecy of the Inquisition. Even this the Suprema +felt to be too great a concession, and the next day it forwarded another +consulta, saying that it had received from the Saragossa tribunal the +names of some parties notoriously and deeply inculpated; there was +evidence of their guilt in the tribunal and it had commenced action +against them with edicts. This was submitted to the king so that he +could order the inquisitors to commence before publishing the pardon, in +order that the parties might be excepted. Philip disregarded this last +effort of the Inquisition to maintain its hold on those who had offended +it. Without further correspondence he sent the pardon to Saragossa with +orders for its publication, which was done with great solemnity, +November 23d, when more than five hundred penitents presented +themselves. + +Meanwhile the Córtes had been employed in modifying the institutions of +Aragon to meet the wishes of the king. While resolved thus to take full +advantage of the opportunity, he was shrewd enough to see that such a +settlement to be enduring must be in conformity with the fueros. While +his army still overawed the land he therefore convoked the Córtes, which +met at Tarazona, June 15, 1592. According to rule, he should have +presided over it, but he desired not to enter Aragon until the trials +and executions under Dr. Miguel Lanz should be completed, and, though he +left Madrid May 30th, he took the circuitous route by way of Valladolid, +and his leisurely journey was interrupted by attacks of gout. After some +difficulty, the Córtes accepted the presidency of Archbishop Bobadilla, +and modified the immemorial rule requiring unanimity in each of the +four _brazos_ or chambers. The way being thus cleared, and still further +smoothed by a lavish distribution of "graces," it was merely a work of +time to obtain the adoption of a carefully devised series of fueros +which, without changing the form of Aragonese institutions, removed the +limitations on the royal power which had so long been the peculiar boast +of the kingdom. The changes were too numerous for recapitulation here in +full; some of them were beneficial in facilitating the punishment of +crime, but the most important from the monarch's stand-point were those +which established his right to appoint viceroys who were not Aragonese; +which placed in his hands the nomination and dismissal of the Justicia +and the nomination of his lieutenants, with preponderance in the +machinery for hearing complaints against the latter; which took from the +Diputados the power of convoking the cities and citizens, which limited +the amount that they could spend, and which transferred from them to the +crown control over the rural police; which prohibited raising the cry of +"libertad" under penalties extending even to death; which provided +punishment for offences against royal officials; which established +extradition for crime between Castile and Aragon; which required the +royal licence for the printing of books, and which deprived the lands of +the nobles, secular and ecclesiastical, of the right of asylum for +criminals. Thus the Justicia and his court, which had been the pride of +the land, became in fact, if not in name a royal court; the Diputados, +who had been the executive of the popular will, were deprived of all +dangerous exercise of authority, the barriers against the encroachments +of arbitrary power were removed, and all this had been accomplished +through the representatives of the people, apparently of their own +volition. + +[Sidenote: _ANTONIO PEREZ_] + +When, early in December, Philip at Tarazona held the solio in which he +confirmed the acts of the Córtes, he followed it with a general pardon, +liberating all those prosecuted by Dr. Lanz, except the jurists and +lieutenants of the Justicia, who had counselled resistance and who were +punished with exile. Cosme Pariente, an unlucky poet, was sent to the +galleys as the author of the pasquinades which had stimulated revolt, +and there was another significant exception. Philip's inextinguishable +hatred of his favorite still kept in prison Juana Coello and her seven +children, the youngest of whom was born in captivity. Thus they +languished for nine years until their gaoler had passed away. Philip III +signalized the first year of his reign with pardoning those excepted in +his father's edicts and, in April 1599, Juana was set free. She +hesitated to leave her children, the eldest of whom was in her twentieth +year, but she finally did so to labor for their release, which she +accomplished in the following August. The friends of Pérez sought to +have him included in the royal mercy, but were told that his offence was +a matter of the Inquisition with which the king could not interfere. + +Before relieving Aragon of his army, Philip caused the Aljafería to be +fortified and lodged there a garrison of two hundred men to keep the +turbulent city in check. To this the inquisitors objected strongly, and +asked to be transferred to some other habitation, but he refused, as +their protection served as an excuse for the garrison. They never grew +reconciled to their unwelcome guests and, in 1617 and again in 1618, we +find them complaining that the soldiers exercised control over the +castle and that their audacious pretensions diminished greatly the +popular respect due to the Holy Office.[551] Their remonstrances were +unheeded until, in 1626, Philip IV, as a special favor transferred the +garrison to Jaca. + +Pérez and his friends had succeeded in reaching Béarn, where they were +welcomed by the governess, Catherine, sister of Henry IV. Imagining that +a small force would raise the Aragonese in defence of their liberties, +they persuaded Henry to try the experiment, to be followed, in case of +success, by an army of fifteen or twenty thousand men, to wrench from +Spain Aragon, Catalonia and Valencia, and form a republic under French +protection. In February, 1592, therefore, some fifteen hundred or two +thousand Béarnese, under the leadership of Martin Lanuza, Gil de Mesa, +Manuel Don Lope, and Diego de Heredia attempted an invasion, but the +Aragonese rose against them. Embarrassed by the deep snows in the +mountains, they attempted to retreat but were vigorously attacked and +most of them were taken prisoners, including Dionisio Pérez, Francisco +de Ayerbe and Diego de Heredia. Vargas liberated the Béarnese, but the +refugees were sent to Saragossa, where they expiated their treason on +the scaffold. + +In spite of this misadventure, Pérez was warmly welcomed and was +pensioned by Henry IV, as a personage of importance, a statesman versed +in all the arts of Spanish diplomacy. The peace of Vervins, however, in +1598 reduced him to insignificance. Age and infirmities overtook him and +his adventurous existence terminated in misery, November 3, 1611, when +he manifested every sign of fervent Catholicism. After his death, Juana +Coello and his children undertook the vindication of his memory and +solicited to be heard in his defence. It was not, however, until January +22, 1613 that the Suprema presented to Philip III a consulta +recommending that the widow and children should be heard by the +Saragossa tribunal. Sentences rendered _in absentia_, as we have seen, +were never regarded as conclusive, but the tribunal was unforgiving. It +interposed delays and then, on March 16, 1615, it rendered an adverse +judgement. This the Suprema refused to confirm and, after an obstinate +resistance, the tribunal, on June 19th was forced to utter a sentence +absolving the memory and fame of Antonio Pérez, declaring the limpieza +of his blood and pronouncing that his descendants were under no +disabilities. Nothing, however, was said about removing the confiscation +of his property, probably because this had been decreed both by the +secular sentence of July 17, 1590 and by the inquisitorial one of +October 20, 1592.[552] + +[Sidenote: _OCCASIONAL CASES_] + +Thus in this, the most prominent instance of inquisitorial political +intervention, the Holy Office was invoked only as a last resort, when +all other methods had failed, and, when it was called in, so far from +being the obsequious instrument of the royal will, it resolutely sought +to advance its own interests with little regard for the policy of the +monarch. + +Yet the impression made at the time is reflected in the report of the +Venetian envoy, Agostino Nano, in 1598, when he says that the king can +be termed the head of the Inquisition, for he appoints the inquisitors +and officials. He uses it to hold in check his subjects and to punish +them with the secrecy and severity of its procedure, when he cannot do +so with the ordinary secular authority of the Royal Council. The +Inquisition and the Royal Council mutually help each other in matters of +state for the king's service.[553] This was a not unnatural conclusion +to draw from a case of this nature, but the royal power, by this time, +was too securely intrenched to require such aid. It was only the +peculiar features of the Aragonese fueros that called for the invention +of a charge of heresy in a political matter. The Inquisition, as a rule, +considered it no part of its duties to uphold the royal power for, in +1604, we find it sentencing Bartolomé Pérez to a severe reprimand, a +fine of ten thousand maravedís and a year's exile for saying that +obedience to the king came before that due to the pope and to the +Church.[554] Thus the mere denial of the superiority of the spiritual +power over the temporal was a crime. + +Sporadic cases occurred in which special considerations called for the +aid of the Inquisition, but they were not numerous and were apt to be +directed against ecclesiastics, whose privilege exempted them from the +secular courts. Such was that of the Jesuit, Juan de Mariana, +distinguished in many ways, but especially by his classical History of +Spain. He had served the Inquisition well as a censor of books, but in +his _Tractatus septem_, published anonymously at Cologne, in 1609, in an +essay on the debased Spanish coinage, the freedom with which he +reprobated its evils and spoke of the malfeasance of officials gave +great offence to the royal favorite Lerma and his creatures. Had Mariana +been a layman there would have been no trouble in punishing him +severely, but to reach the Jesuit Philip invoked the papal nuncio +Caraffa and the Toledo tribunal took a hand. The whole proceeding was +irregular and the pope was asked to render sentence, but, after a year's +imprisonment, Mariana was liberated, without an imputation on his +character, and he died, in 1624, full of years and honor, at the age of +87.[555] + +It is true that, when the Barcelona tribunal was battling to maintain +its pretensions against the Córtes of Catalonia, it represented, in +1632, in a memorial of Philip IV, among its other claims to +consideration, the secret services often rendered in obtaining +information and in the arrest of powerful persons, which could not +otherwise be so well accomplished. Its thorough organization, no doubt, +occasionally enabled it to be of use in this manner, and there was no +scruple in calling upon it for such work, as in 1666, when Don Pedro de +Sossa, the farmer of the tax of millones, in Seville, absconded with a +large sum of money and was understood to be making his way to France, +the Suprema wrote to Barcelona and doubtless to other tribunals at the +ports and frontier districts, with a description of his person and an +order to arrest him and embargo his property.[556] + +The prosecutions of the two fallen favorites, Rodrigo Calderon, in 1621 +and Olivares, in 1645, were not state affairs but intrigues, to prevent +their return to favor and were rendered unnecessary, in the one case by +the decapitation of Calderon and in the other by the death of +Olivares.[557] The secrecy of the Inquisition and its methods of +procedure rendered it a peculiarly favorable instrumentality for such +manoeuvres, as was seen in the Villanueva case, as well as for the +gratification of private malice, and it was doubtless frequently so +abused, but this has no bearing on its use as a political agency. + +[Sidenote: _THE WAR OF SUCCESSION_] + +With the advent of the Bourbon dynasty there was a change. In the +governmental theory of Louis XIV the Church was part of the State and +subject to the dictation of the monarch. In the desperate struggle of +the War of Succession, the advisers of the young Philip V had no +hesitation in employing all the resources within reach and the +Inquisition was expected to play its part. At an early period of the +conflict, the Suprema sent orders to the tribunals to enjoin earnestly, +on all their officials, fidelity to the king, who thus had the benefit +of a well-distributed army of missionaries in every quarter of the +land.[558] It was easy, as we have seen, for inquisitorial logic to +stretch the elastic definition of heresy in any desired direction, and +lack of loyalty to Philip was made to come within its boundaries. In an +edict of October 9, 1706, the Suprema pointed out that Clement XI had +threatened punishment for all priests who faltered in their devotion to +the king, yet notwithstanding this there were some who in the +confessional urged penitents to disobedience and relieved them from the +obligation of their oath of allegiance. This was a manifest abuse of the +sacrament and, as it was the duty of the Inquisition to maintain the +purity of the faith and prevent the evil resulting from a doctrine so +pernicious, all penitents so solicited were ordered, within nine days, +to denounce their confessors, under pain of excommunication and other +discretional penalties.[559] + +The Inquisition, during the war, was especially serviceable in dealing +with ecclesiastics, who were beyond the reach of secular and military +courts, and this in cases where there was no pretence of heresy. The +events of 1706--the capture and loss of Madrid by the Allies and the +revolutions in Valencia and Catalonia--occasioned a number of trials for +high treason. The Suprema was still in Burgos when Philip V informed +Inquisitor-general Vidal Marin that he had ordered the arrest of Juan +Fernando Frias, a cleric, who was to be delivered to the Inquisition at +Burgos, to be tried for high treason, with all speed. The Suprema +replied, August 13th, that it had placed Frias in safe custody, +incomunicado; the inquisitor-general had commissioned the Prior of Santa +María de Palacio of Logroño to serve on the tribunal, and there should +be the least possible delay in the verification and punishment of the +offence. It assured the king that he could rely on the promptest +fulfilment of his wishes and of the _vindicta publica_, for the +Apostolic jurisdiction of the Suprema extended to the infliction of the +death-penalty.[560] In its loyal zeal it took no thought of +irregularity. Indeed, the Suprema seems to have issued commissions to +tribunals to act in such cases. In 1707, Isidro de Balmaseda, Inquisitor +of Valencia, signs himself as "Inquisidor y Juez Apostólico contra los +eclesiasticos difidentes," in the case of Fray Peregrin Gueralt, +lay-brother of the Servite convent of Quarto, whom the testimony showed +to be an adherent of the Archduke Charles, industriously carrying +intelligence to the Allies and, on his return, spreading false reports, +to the disturbance of men's minds. In this trial the formality of a +_clamosa_ by the fiscal was omitted; the inquisitors had the testimony +taken and on receiving it ordered the arrest of Gueralt without +submitting it to calificadores.[561] + +From this time forward the Inquisition was at the service of the State +whenever it was required to suppress opinions that were regarded as +dangerous though, when its interests clashed with those of the crown, +the cases of Macanaz and Belando show that it could still assert its +aggressive independence. As the century wore on, however, it became more +and more subservient. A writer about 1750, while regretting that it did +not repress the Probabilism of the fashionable Moral Theology, gives it +hearty praise for its political utility; it is not only, he says, +engaged in preserving the purity of the faith, but, in an ingenious way, +it maintains the peace of the State and the subordination due to the +king and the magistracy. In his wars Philip V made use occasionally of +its tribunals in difficult conjunctures with happy results and therefore +he honored and distinguished it throughout his reign.[562] + +[Sidenote: _UNDER THE RESTORATION_] + +Thus, as its original functions declined, a new career was opened. We +have seen how its censorship was utilized to prevent the incursion of +modern liberalism, and its procedure was similarly employed against +individuals. With the outbreak of the French Revolution, its vigilance +was directed especially against the propagation of the dangerous +doctrines of popular liberty, and any expression of sympathy with events +beyond the Pyrenees was sufficient to justify prosecution. As early as +1790, Jacques Jorda, a Frenchman, was tried by the Barcelona tribunal +for propositions antagonistic to the spiritual and temporal authorities, +and prosecutions for such offences continued to be frequent. In 1794, +during the war with the French Republic, even so important a personage +as Don Antonio Ricardo, general-in-chief of the army in Roussillon, was +on trial by the tribunal of Madrid for utterances in sympathy with +occurrences in France and, at the same time, his secretary, Don Josef +del Borque, was undergoing a similar experience in the Logroño +tribunal.[563] War carried on in such fashion could not fail to be +disastrous. + +This prostitution of an ecclesiastical tribunal to temporal purposes was +one of the reasons given by the Córtes of Cádiz for its abolition. Even +its chief defender, Fray Maestro Alvarado, could not deny the +accusation, but, he turned the tables by ascribing the fault to the +Jansenists, to whom the orthodox attributed all the evils of the time. +It was they, he argued who mingled religion and politics, and set the +State above the Church.[564] He did not live to see the refutation of +his dialectics, when Ultramontanism triumphed in the Restoration, and +the political functions of the Inquisition became still more prominent. +In 1814, a copy of the treaty of July 30th with Louis XVIII was sent to +the tribunals in order that they might enforce the clauses appertaining +to them, and when, in 1815, the news of Napoleon's return from Elba was +received, King Fernando, by an order of April 8th, included the +tribunals of the Inquisition in the instructions given to the military +and ecclesiastical authorities to keep watch on the frontier against +surprises, and to guard in the interior against the artifices and +seductions of the disaffected.[565] In fact, we may say, the chief work +expected of the Inquisition was that of the _haute police_, for which +its organization rendered it especially fitted. April 8, 1817 we find it +notified that the refugees, General Renovales and Colonel Peon, +accomplices in the attempted rising of Juan Diaz Porlier in Galicia, +were hovering on the Portuguese border. The tribunal of Santiago +(Galicia) was therefore to put itself in communication with that of +Coimbra, it was to devise means for their capture and, through its +commissioners and familiars, find out what was on foot, for the security +of the throne and of the altar required of the Holy Office extreme +vigilance under existing circumstances. The inquisitor-general forwarded +this to Galicia with orders to execute it "at once, at once, at once" +and, not content with this, instructions were sent to the tribunals of +Murcia, Córdova, Saragossa and Barcelona, all of which responded with +promises of the utmost activity and of watchfulness over +reactionaries.[566] So, in 1818 the Logroño tribunal reported that its +commissioner at Hernani (Guipúzcoa) reported that he had heard a person +utter the proposition _"La nacion es soberana."_ To this the Suprema +replied that this was a matter of high importance and might lead to +great results. Llano must make a formal denunciation with all details; +also he must declare why he suspected Don Joseph Joaquin de Mariategui, +and how he knows of his journey to France and England and his relations +with the refugees there--all of which must be done with the utmost +caution and speed and the results be reported.[567] + +It is scarce worth while to multiply trivial details like these to +indicate how efficient a political agency the Inquisition had become +under the Restoration. Its activity in this direction continued until +the end and when, in the Revolution of 1820 at Seville, on March 10th, +the doors of the secret prison were thrown open, the three prisoners +liberated were political.[568] + + * * * * * + +Besides these direct political services, the Inquisition was sometimes +called upon by the State to aid in enforcing secular laws, when the +civil organization found itself unequal to the duty. The most +conspicuous instance of this is found in the somewhat incongruous matter +of preventing the export of horses. + +[Sidenote: _EXPORTATION OF HORSES_] + +From a very early period this was regarded with great jealousy. From the +twelfth century onward, the Córtes of Leon and Castile, in their +petitions, constantly asked that the prohibition should be enforced and, +at those of Burgos in 1338, Alfonso XI decreed death and confiscation +for it, even if the offenders were hidalgos, a ferocious provision which +was renewed by Ferdinand and Isabella in 1499.[569] Aragon, which lay +between Castile and France, suffered from this embargo. The Córtes of +Monzon, in 1528, petitioned Charles V for the pardon of certain citizens +who had drawn horses from Castile and were condemned to death and other +penalties, to which Charles replied that he would not pardon those who +had carried horses to France; as for those who had merely taken them to +Aragon, if they could be pointed out, he would grant them pardon. +Another complaint of the Córtes indicates the rigid methods adopted to +prevent evasions. If an Aragonese went to Castile on business, he was +allowed to remain ninety days; if he exceeded the limit, on his return +his horse was seized at the frontier, even though at the same place by +which he had entered.[570] Severe as were these measures, they were +ineffective. Contraband trade of all kinds flourished in the wild +mountain districts along the French frontier, and the prohibition +respecting a beast of burden, which transported itself, was notoriously +difficult of enforcement. + +In 1552, we find the Suprema ordering the Saragossa tribunal to +prosecute and punish one of its commissioners in the mountains of Jaca, +accused of passing horses to France, but this was evidently due to the +fact that the offender was entitled to the fuero of the +Inquisition.[571] There was as yet no ingenious attribution of suspicion +of heresy to this contraband trade and, when in 1564, the Córtes of +Monzon prohibited the exportation of horses and mares from Aragon, the +only reason alleged was their scarcity in the kingdom.[572] The third +Lateran Council, however, in 1179, had denounced excommunication and +severe penalties on all who furnished the infidel with warlike material, +and this had been carried into the Corpus Juris; Nicholas IV had +specifically included horses and had sharpened the penalties; Boniface +VIII, in 1299, had placed the offence under the jurisdiction of the Holy +Office, and had ordered all inquisitors to make vigilant inquest in +their districts, and the prohibition was repeated in the annual bulls +_In coena Domini_.[573] The south of France, and especially the +contiguous territory of Béarn, had become interpenetrated with heresy +and a colorable pretext was afforded of invoking the aid of the +Inquisition to suppress the contraband traffic. + +[Sidenote: _EXPORTATION OF HORSES_] + +This was first confided, in 1573, to the tribunal of Saragossa, by a +commission empowering it to act in the premises. It accordingly inserted +in the Edict of Faith a clause requiring the denunciation of all who +sold arms or horses to infidels, heretics, or Lutherans, or who passed, +or assisted to pass, them to Lutheran lands. This brought in numerous +denunciations but, as there were no means of knowing what became of the +horses after they passed the border, the tribunal was powerless to +prosecute and so reported to the Suprema. It replied, August 25, 1573, +that further provision was necessary; assuming that Béarn was inhabited +by heretics under heretic rulers, the tribunal could proceed against and +punish, as fautors of heretics, those who bought or sold or passed +horses to Béarn, even when it did not appear that they had been sold to +heretics, and it was urged to be active in the matter. The edict was +therefore modified to include, as fautors of heretics, all concerned in +passing horses to Béarn; it was sent, with a secretary, to all the +principal fairs where horses were sold, to be published in the church, +with notice that the commissioner would receive any one who desired to +unburden his conscience. Exportation was forbidden, unless the owner was +known and would give security that the horses were not to be taken to +Béarn, or else would present himself with his horses before the +inquisitors within a designated time, so that note could be taken of the +animals and an account be required as to their destination. Another +device, which proved effective, was to register all the horses at the +fairs, with descriptions and the names of the owners, who were required +to keep an account of all sales and purchasers. This however, applied +only to natives; as for Frenchmen and Béarnais, any horses that they had +were seized without ceremony; if the owner was a Frenchman, the horses +would be kept, awaiting instructions from the Suprema; if a Béarnais, he +was seized with his horses and prosecuted, as being included in the +Edict. Spaniards found with horses going towards France or Béarn, were +treated like Frenchmen--the horses were sold to pay expenses and, if any +balance was left, it was handed to the receiver. Pains, moreover were +taken to find who made a trade of passing horses to France; they were +arrested on some pretext and thrown into prison; if evidence were found +against them, they were prosecuted; if not, after detention they were +released under bail, because, as the inquisitors said, there was no +penalty expressed in the Edict or in the laws of the kingdom. In view of +the risk that the parties might apply for a firma or manifestacion, the +Suprema was asked for further instructions, when it replied, July 1, +1574, that the prosecutions were to be conducted as in cases of heresy, +the accused be required to give their genealogies and then, if recourse +was had to manifestacion, it was to be met with an assertion that the +case was a matter of faith. Yet the fraudulent character of this +assumption is revealed in the admission that the secular magistrates +could prosecute for the offence.[574] + +Thus the zeal and activity of the Inquisition, working through its +disregard of all laws, and its methods of procedure, virtually placed +under its control the whole trade of the kingdom in horse-flesh. +Encouraged by this, the Saragossa tribunal sought a still further +extension of jurisdiction and, in 1576, it reported to the Suprema great +activity in the exportation to France, Béarn and Gascony of arquebuses, +powder, sheet iron for cuirasses and other warlike material, and it +suggested an edict concerning that trade similar to that respecting +horses. To this the Suprema assented, with the caution that it must be +understood that these arms and munitions were intended for +heretics.[575] The difficulty inherent in this probably prevented +action, for I have met with no case of its enforcement. + +It will be observed that the Saragossa tribunal pointed out that there +was no penalty defined by law for the offence. This omission was +rectified in the Córtes of Tarazona, in 1592, which deprived of what was +known as the _via privilegiata_ a long list of crimes, including that of +passing horses and munitions of war to Béarn and France, with the +addition that it could be punished with the death-penalty.[576] + +A decision of the Suprema, rendered to the Barcelona tribunal in 1582, +was to the effect that, if horses were taken to France, it must be +ascertained whether they were for heretics in order to justify +prosecution by the Inquisition, but, if to Béarn, that alone +sufficed.[577] In time this nice distinction was abandoned, although the +fiction was maintained that it was a matter of faith. About 1640, an +inquisitor informs us that it was customary to punish those who exported +horses or warlike material to France, even though there were no evidence +that they were for heretics, for the act was very prejudicial. The +accused was generally confined in the secret prison, the trial was +conducted as one of faith, and was voted upon in a regular consulta de +fe, including the episcopal Ordinary. Unless the case was light, the +culprit appeared in a public auto. If he belonged to the lower classes, +he was sometimes scourged; if of higher estate, he suffered exile and a +fine, together with forfeiture of the horse or, if it had been passed +successfully, he paid double its value. In the case of a Benedictine +abbot, who had passed one or two horses to France, the Suprema fined him +in six hundred ducats and suspended him from his functions for a year. +Sometimes the sentence included disability for public office for both +the culprit and his descendants.[578] + +Oddly enough, in the case of Antonio Pérez this matter emerges for a +moment in a manner significant of the uses to which it could be put. In +the Spring of 1591, when it was desirable to suppress Diego de Heredia, +Inquisitor-general Quiroga wrote, March 20th to the Saragossa tribunal, +that he was suspected of passing horses to France. By April 4th, the +tribunal was taking testimony to show that, a year or two before, he had +sold two horses to a Frenchman for three hundred and sixty libras and +that they were to be taken to France. There had been no secrecy in the +transaction and further evidence was obtained that Heredia brought +horses from Castile to Saragossa, whence they were taken to the +mountains and were seen no more.[579] The events of May 24th, however, +rendered further researches in this direction superfluous. + +When this peculiar inquisitorial function was abandoned, does not +clearly appear. In 1667 the Barcelona tribunal prosecuted Eudaldo +Penstevan Bonguero for exporting horses to France. Already it would seem +that the cognizance of the offence had become obsolete for, in 1664 the +Suprema had called in question the competence of the tribunal to deal +with it, when it replied, July 23d, that it held a papal brief +conferring the faculty. The Suprema asked for an authentic copy of this +or of the instructions empowering it to act, but neither was forthcoming +and, on November 11, 1667, the Suprema again asked for them in order to +decide the case of Bonguero.[580] We should probably not err in +considering this to mark the last attempt to enforce a jurisdiction so +foreign to the real objects of the Holy Office. + +[Sidenote: _COINAGE_] + +A still more eccentric invocation of the terror felt for the +Inquisition, when the secular machinery failed to accomplish its +purpose, occurred when the debasement of the coinage threw Spanish +finance into inextricable confusion. The miserable vellon tokens were +forced into circulation at rates enormously beyond their intrinsic +value, and statesmen exhausted their ingenuity in devising clumsy +expedients to arrest their inevitable depreciation--punishments of all +kinds to keep down the premium on silver, and laws of maximum to +regulate prices, from shirts to house-rent. The rude coinage, mostly +battered and worn, was easily counterfeited, and there was large profit +in manufacturing it abroad and flooding Spain with it at its fictitious +valuation. Sanguinary laws were enacted to counteract this temptation, +and the offence was punishable, like heresy, with burning, confiscation +and the disabilities of descendants. To render this more effective, it +was declared to be a case for the Inquisition and, like the exportation +of horses, there was an attempt to disguise it as a matter of faith. A +carta acordada of February 6, 1627, informed the tribunals that it fell +within their jurisdiction if any heretic or fautor of heretics imported +vellon money for the purpose of exporting gold or silver or other +munitions of war, thus weakening the forces of the king, and all such +offences belonged exclusively to the Inquisition. But when this was done +by Catholics, for the sake of gain, the jurisdiction belonged +exclusively to the king and as such he granted it cumulatively to the +Inquisition, with the caution that, in competencias, censures were not +to be employed. A papal brief confirming this was expected and meanwhile +such prosecutions were to be conducted as matters of faith. It is not +likely that Urban VIII condescended to authorize such misuse of the +power delegated to the Inquisition for, in little more than a year, +Philip IV revoked this action and confined the cognizance of the offence +to the secular courts.[581] + + * * * * * + +If, as we have seen, the Inquisition was not a political machine of the +importance that has been imagined, this was not through any lack of +willingness on its part to be so employed. When its services were +wanted, they were at the command of the State and if this rarely +occurred under the Hapsburg princes, it was because they were not +needed. + + + + +CHAPTER XI. + +JANSENISM. + + +Jansenism is a convenient term wherewith to stigmatize as heresy +whatever is displeasing to Ultramontanism, whether in Church or State, +and it served as a pretext for the continued existence of the +Inquisition, after the older aberrations were exterminated. As a +concrete heresy, however, it defies accurate theological definition. It +took its rise in the interminable disputes over the insoluble questions +of predestination, grace and free will, as settled by St. Augustin and +the Second Council of Orange, and accepted by the Church, till the use +made of predestination by Calvin forced a modification by the Council of +Trent, and the daring Jesuit, Luis de Molina, revived the problem. Then +the discussion became a trial of strength between the rising Company of +Jesus and its elder rivals, the Augustinians and Dominicans, when +Clement VIII vainly imposed silence on the disputants. Cornelis Jansen, +Bishop of Ypres, sought to vindicate St. Augustin in his work entitled +"Augustinus," around which the controversy raged, until the Jesuits won +a victory, in 1653, by procuring the condemnation of the famous Five +Propositions, drawn from the work--a condemnation to which the followers +of Jansen assented, while denying that he had taught them.[582] + +[Sidenote: _NATURE OF THE HERESY_] + +Another contest, of which we shall see the results, was waged over the +writings of Cardinal Henry Noris, in which the Jesuits suffered defeat. +He was also an Augustinian and professor of ecclesiastical history at +Pisa, who busied himself in vindicating the doctrines of St. Augustin. +Two of his works, the _Historia Pelagiana_ and the _Dissertatio de +Quinta Synodo OEcumenica_, were accused, before publication, of +Baianism and Jansenism; the MSS. were ordered to Rome and were +carefully examined by revisers, who pronounced them orthodox and licence +to print was granted. When published, interpolations in the press were +charged and disproved. Noris was called to Rome as chief of the Vatican +Library by Innocent XI and, as this was regarded as a step to the +cardinalate, fresh accusations of Jansenism were brought against him. +His promotion was deferred; eight theologians were set to work upon his +books; their favorable report was confirmed by the Congregation of the +Inquisition, and Innocent appointed him one of its consultors. Attacks +on him continued, which he answered in five dissertations, printed in +1685, when Innocent gave him a cardinal's hat and made him member of +several important congregations, including that of the Inquisition, in +which he served with distinction, until his death in 1704.[583] + +France, however, was the principal seat of Jansenism, where the +impalpable doctrinal points involved, after the decision of 1653, were +obscured by more living issues. The Jansenists represented the more +austere and puritanical portion of the clergy, as opposed to the +supporters of the relaxed morality of Probabilism, of which the Jesuits +were the foremost advocates--an aspect of the controversy which has been +immortalized by Pascal. Besides, as Rome had decided against Jansen, +those who had defended him were naturally led to minimize the authority +of the Holy See, to disregard its condemnatory utterances as +subreptitious, to assert the supremacy of general councils, and to exalt +the independence and privileges of the Gallican Church, which, since the +time of St. Louis, in the thirteenth century, had steadily resisted the +encroachments of the papacy. There was a reinfusion of theology in the +quarrel, when the Jesuits procured the condemnation, in the Bull +_Unigenitus_, of Quesnel's views on sufficing contrition and inchoate +charity, but this was only another incident in the struggle between +rigorism and laxism. + +While Jansenism thus was denounced as a heresy, it really was concerned +much less with faith than with discipline and morals, and every one +hostile to Probabilism, Jesuitism and Ultramontanism was stigmatized as +a Jansenist. Louis XIV and Madame de Maintenon, who had persecuted the +original Jansenists, were of the sect, because of their enforcement of +the royal prerogative; Bossuet was suspected of Jansenism for his +defence of the Declaration of the Gallican clergy, in 1682, against the +Ultramontane doctrines of the papal power; Cardinal Aguirre was a +Jansenist, because he opposed the laxity of Probabilism, and so was even +the Jesuit General, Tirso González, because he wrote a book to prove +that the Jesuits were not all laxists. When, under the protection of +Leopold, Grand-duke of Tuscany, Bishop Scipione de'Ricci, in his Council +of Pistoja, in 1786, sought, without papal authority, to effect an +internal reformation of his Church, he was a Jansenist and, after his +protector had been transferred to the imperial throne, Pius VI, in 1794, +had the satisfaction of condemning, in the bull _Auctorem fidei_, no +less than eighty-five errors of the Council, mostly Jansenistic. In +France the clergy were, for the most part, attached to Gallicanism and +were largely rigorist, so practically Jansenism flourished and made +itself felt in such measures as the expulsion of the Jesuits. The +ex-Jesuit Bolgeni took his revenge by writing a book to prove that the +Jacobinism of the Revolution was merely Jansenism in action. In fact, +the Civil Constitution of the Clergy of 1790 was clearly Jansenistic +because, without meddling with dogma, it embodied the democratic +development of Gallicanism. + +[Sidenote: _STRUGGLE IN FLANDERS_] + +Spain paid little attention to the theological controversy over Jansen, +though his works and those of his followers were duly condemned by the +Inquisition.[584] It is a curious illustration of this indifference that +when the great bibliographer, Nicolás Antonio, in defending Prudentius +against the attack of Hincmar of Reims, pronounced as good Catholic +doctrine the assertion of Prudentius that the blood of Christ was shed +only for believers and not for unbelievers, this, which is virtually the +same as the fifth of the condemned propositions of Jansen, escaped +attention. The book was printed in Rome at the expense of Cardinal +Aguirre; the Spanish Inquisition took no note of it in the Indexes of +1707 and 1747 and the passage is retained in the edition of 1788, +produced under the auspices of Carlos III.[585] Yet Spain could not keep +wholly out of the quarrel, for its Flemish provinces were a hot-bed of +Jansenism which could not be eradicated from the University of Louvain. +In 1649 Doctor Rescht, as the representative of the University and of +its great protector Engelbert Dubois, Archbishop of Malines, came to +Madrid, where he printed and circulated a memorial against the bull of +Urban VIII and the Archduke Leopold so insulting to both that the +Inquisition suppressed it, by a decree of September 13, 1650.[586] This +did not cool the ardor of the Flemish followers of Jansen and, in 1656, +Alexander VII felt obliged to address Don John of Austria, then Governor +of the Low Countries, with an urgent exhortation to suppress the +propagation of the condemned errors.[587] + +The struggle continued and, soon after 1690, Carlos II was induced to +issue an order that all Jansenists and Rigorists and other innovators +should be dismissed and excluded from all offices and preferment, +secular and ecclesiastical. Under this decree some of the prominent +Jansenists were deprived and exiled, among them five doctors of +Louvain--Gummare Huygens, E. van Geet, G. Baerts, R. Backz and Willem +van den Enden. The persecuted sect appealed to Rome and procured from +Innocent XII a brief of February 6, 1694, addressed to the bishops, +forbidding that any one should be defamed for Jansenism on vague +charges, or be excluded from any spiritual function or office unless +convicted, in the regular order of justice, of having merited a +punishment so severe. This trammelled episcopal action, for it was +represented that the bishops could not be expected to undergo the +expense and the labor of regular trials requiring absolute proof and +subject to legal cavils, but it did not affect the secular arm and the +Elector of Bavaria, then Governor of Flanders, reiterated in October and +November 1695, to the Councils of the Provinces and the University, the +repeated royal orders to exclude from all ecclesiastical dignities and +secular employment those suspected of Jansenism and Rigorism. Then, on +March 1, 1696, Carlos modified his decrees in a manner to embolden the +schismatics, who seem to have had abundant popular and official support. +We hear of a writing in defence of the Catholic party being publicly +burnt by the executioner in Brussels, in front of the palace and, on +January 29, 1698, the people of Brussels went tumultuously to the +Archbishop of Malines, Ferdinand de Berlo de Brus, demanding that he +should withdraw his opposition to N. van Eesbeke, who had been appointed +by the chapter of the church of Sainte Gudule as their parish priest. +This condition of affairs led the Jesuit General González to address a +memorial to Carlos warning him that this spirit unless suppressed would +lead to the ruin of religion and the destruction of his dominions, and +supplicating, in terms much less respectful than Spanish custom +required, that he should represent to the pope the dangerous +consequences of the papal brief, that he should punish those who +procured it as well as the authors of a memorial presented to Carlos in +1696 and that he should order the Flemish bishops to disregard the +pretexts put forward as to vague accusations. The Jesuits overshot the +mark in this insolent interference, and the memorial was suppressed by +the Spanish Inquisition, in a decree of September 28, 1698, as insulting +to the authorities, secular and ecclesiastical, of Flanders.[588] + + * * * * * + +[Sidenote: _QUARREL OVER CARDINAL NORIS_] + +Spain, though with less success than France, had long been struggling to +emancipate itself from papal control, and it is a curious paradox that +its most resolute assertion of political Jansenism arose from an attempt +to discredit doctrinal Jansenism. Jesuit influence had gradually +dominated the Inquisition and, as we have seen, Cardinal Noris was the +special object of Jesuit hatred. When, in 1721, the Augustinian Manso +published at Valladolid his "S. Augustinus de Virtutibus Infidelium," +the work was condemned and suppressed in 1723, while virulent attacks on +him by Jesuits, in both Latin and the vernacular, were allowed free +circulation.[589] The culmination came when the Jesuit Padre Rábago, +confessor of Fernando VI, controlled the weak and irresolute +inquisitor-general Pérez de Prado y Cuesta, bringing about an anomalous +condition in which the Inquisition defied the Holy See, the so-called +Jansenists became the warmest defenders of papal authority, and the +Jesuits asserted the supremacy of the regalías. + +When Prado y Cuesta assumed his office, in September, 1747, it was +announced that the Suprema had a new Index Expurgatorius in an advanced +state of preparation by the Jesuits Casani and Carrasco. The printing +was nearly finished, when the 1744 edition of the _Bibliothèque +Janseniste_ of the Jesuit Dominique de Colonia reached Madrid. This was +substantially a polemical work, a catalogue of writers and books opposed +to Jesuitism, and the Jesuits conceived the brilliant idea of printing +it as an appendix to the Index, and thus suppressing at one blow all +antagonistic literature. Some trifling omissions were made but, when the +Index appeared, it contained Noris's _Historia Pelagiana_ and +_Dissertatio_. There were many other equally orthodox books, but these +became the storm-centre as they had been repeatedly and formally +approved by the Holy See, after special examination. Appeal was made to +Benedict XIV, who addressed, July 31, 1748, to Prado y Cuesta a brief in +which he recited the investigations into Noris's books and pointed out +that all questions concerning them had been finally settled by the +solemn judgement of Rome, so that it was not lawful for the Spanish +Inquisition to reopen the question, and much less to condemn the books. +He could not patiently endure the injury thus without reason inflicted +on Noris and he admonished Prado y Cuesta to find means to avert discord +between Spain and Rome.[590] + +The inquisitor-general adopted the favorite inquisitorial device of +evasion. He replied that he had found the Index nearly printed when he +assumed office; he had endeavored to have it issued without his name, +but this was impossible; he had not known that Noris's name was in it +until the Augustinians complained, and he dwelt on the difficulty of +making a change, especially in view of the grave reasons for which the +books had been included. This correspondence was strictly secret, but +the brief had been shown in Rome to the Augustinian procurador-general, +who sent a copy to Madrid, where it was busily transcribed and +circulated throughout the land, creating a tremendous sensation. Prado +y Cuesta, addressed, September 16, 1748, a bitter complaint to Benedict, +dwelling on the indiscretion of allowing such matters to be gossiped on +the streets, and of affording such comfort to the heretics. The Jesuit +party openly proclaimed the independence of the Spanish Inquisition in +such matters, and asserted that its honor was at stake. Padre Rábago +undertook to manage the king and induced him to inform the pope that he +would not permit any invasion of the privileges of the Inquisition. + +The affair dragged on. Portocarrero, the ambassador to Rome, hurried to +Spain and came to a compromise with Prado y Cuesta, but Rábago, who +would agree to nothing but the submission of the Holy See, persuaded +Fernando to hold firm and the affair became a struggle between the +regalías and the papal supremacy, in which Noris was merely an incident. +Fernando wrote, July 1, 1749, to Benedict, stating plainly that he would +not permit his rights and those of the Inquisition to be impaired. It +was of no importance whether the faithful in Spain could or could not +read the works of Noris, but it was of supreme importance to him to +remove the discord excited among his subjects. Benedict replied +moderately and the king relented in so far as to offer a compromise, +which would have closed the matter had it not become doubly embroiled by +a papal decree of September 24th condemning Colonia's _Bibliothèque +Janseniste_, thus putting on the Roman Index a considerable section of +the Spanish. In a letter to the Spanish agent in Rome, Rábago threatened +in retaliation that the king would not only prohibit the works of Noris +but the Roman Index itself. Still more audacious were the instructions +which he sent to Portocarrero. Of these there were two sets, one long +and argumentative, the other briefer, to be used only in case of +necessity. It insolently asserted that the papal eagerness in defence of +Noris was a new argument against infallibility; that Popes Liberius and +Honorius, for suspicions no graver, had been anathematized by a synod, +and it would be humiliating to his Holiness if the same should happen to +him. Portocarrero was a trained diplomatist but, in an audience of +November 26, 1749, he handed to Benedict a copy of this portentous +document, translated into choice Italian, and the next day he wrote +cheerfully to Rábago that he thought it would end the affair; the pope +was displeased but, knowing his character, this need cause no alarm. + +[Sidenote: _QUARREL OVER CARDINAL NORIS_] + +Benedict seems to have passed over in dignified silence this indecent +threat that he might be anathematized for heresy, but the breach was +wider than ever. In the Spring of 1750 the affair was taken out of the +hands of Portocarrero and was confided to Manuel Ventura Figueroa, an +auditor of the Rota, who skilfully induced Benedict to drop the matter, +while with equal skill and unlimited bribery he negotiated the Concordat +of 1753, which virtually gave to the crown the patronage of the Spanish +Church. Then, in 1755, came the dismissal of Rábago, for his share in +exciting the resistance of the Jesuits of Paraguay to the treaty of 1750 +transferring that colony to Portugal. He was succeeded as confessor by +Manuel Quintano Bonifaz who, in that same year, had become +inquisitor-general on the death of Prado y Cuesta. Benedict had never +ceased to claim the fulfilment of an offer once made by Fernando to +remove Noris's name from the Index and, in 1757 he urged the king to +afford him that satisfaction, before his death, in return for the many +favors bestowed. + +Jesuit influence was no longer supreme, and Fernando ordered an +investigation. The documents were collected and were submitted to +Bonifaz who, in December, presented a consulta, dwelling upon the care +habitually bestowed by the Inquisition before condemning the most +insignificant book while, in this case, Casani and Carrasco had included +in the Index the works of Noris, without any preliminary examination and +without the knowledge of the inquisitor-general, which was a foul abuse +of the confidence reposed in them. Noris's book had been printed in +Spain in 1698, dedicated to Inquisitor-general Rocaberti, and had +undisputed circulation until these two padres discovered in it traces of +Jansenism. Bonifaz therefore concluded that the pope had just cause of +complaint and that the royal promise should be fulfilled. Accordingly, +on January 28, 1758, an edict was issued, reciting the prohibition and +ending with "But, having since considered the matter with the mature and +serious reflection befitting its importance, we order the removal of the +said work from the Index, and declare that both it and its most eminent +author remain in the same repute and honor as before." For this the good +old pope expressed his gratification in warm terms to Fernando.[591] + +This may be assumed as the last struggle over what were conceived to be +the doctrinal errors of Jansenism, and subsequent persecution was +directed against it as the opponent of Ultramontanism and Jesuitism, and +as the supporter of the royal prerogative. There had been, under Philip +II, a strong tendency in the Spanish Church to the Gallicanism which +became known as Jansenism. In 1598 Agostino Zani, the Venetian envoy, +says that the Spanish clergy depend on the king first and then on the +pope; there was talk of separation from the Holy See and forming under +Toledo a national Church in imitation of the Gallican.[592] The +Concordat of 1753, which concentrated patronage in the crown, could only +strengthen this dependence of the clergy, while the second half of the +eighteenth century witnessed an ominous tendency throughout Europe to +throw off subjection to Rome. The celebrated work of "Febronius,"[593] +in 1763, boldly attacked the papal autocracy, and encouraged the +assertion of the regalías; the claims of the Holy See, in both spiritual +and temporal matters, were called in question with a freedom unknown +since the great councils of the fifteenth century, while the reforms of +Joseph II and of his brother Leopold of Tuscany and the "Punctation" of +the Congress of Ems were disquieting manifestations of the spirit of +revolt. It was convenient to stigmatize this spirit as heresy under the +name of Jansenism, which thenceforth became the object of the bitterest +papal animadversion. + +[Sidenote: _ITS DEVELOPMENT_] + +Fray Miguélez informs us that Bonifaz, for his share in the vindication +of Noris, was reproached with Jansenism, and that thenceforth the +Inquisition became a mere instrument in the hands of a court bitterly +hostile to Rome; that instead of being a terrible repressor of heresy, +it was the defender of the regalías and persecutor of Ultramontanism--in +other words, that it was Jansenist--and that it was used in an attempt +to lay the foundations in Spain of a schismatic Church like that of +Utrecht.[594] This was not the case, but as Jansenism was now merely a +doctrinal misnomer for a principle, partly political and partly +disciplinary, the Inquisition had a narrow and difficult path to tread. +Carlos III was fully convinced of the extent of the regalías; he was +involved in constant struggles with the Roman court, and had little +hesitation in dictating to the Inquisition. It did not dare to interfere +with the royal prerogatives but, in so far as it could, it favored +Ultramontanism by persecuting those against whom it could formulate +charges under the guise of Jansenism. + +The ministers of Carlos III, who survived into the earlier years of +Carlos IV, were animated with this spirit of revolt and there was an +active propaganda. The book of Febronius was secretly printed in Madrid +and was largely circulated for, although condemned, the Inquisition was +compelled prudently to close its eyes.[595] The acts of the Synod of +Pistoja were translated into Spanish and persistent efforts were made to +obtain licence for their publication, until Pius VI intervened with a +letter to the king and frustrated the attempt.[596] When the bull +_Auctorem fidei_, condemning, in 1794, the errors of the synod, reached +Spain the Council of Castile reported against its admission.[597] The +University of Salamanca was regarded as a Jansenist hot-bed. Jovellanos +tells us that all who were trained there were Port-Royalists of the +Pistoja sect; the works of Opstraet, Zuola and Tamburini were in +everybody's hands; more than three thousand copies were in circulation +before the edict of prohibition appeared, and then only a single volume +was surrendered.[598] We hear of the Marquis of Roda, one of the most +influential ministers of Carlos III, uttering warm praises of Port-Royal +and of the great men connected with it.[599] Naturally episcopal +vacancies were filled with bishops of the same persuasion and one of +them, Joseph Clíment of Barcelona, had trouble with the Inquisition for +lauding the schismatic Church of Utrecht. In 1792, Agustin Abad y la +Sierra, Bishop of Barbastro, was denounced to the Saragossa tribunal as +a Jansenist who favored the French Revolution, but soon afterwards his +brother Manuel was appointed inquisitor-general and the prosecution was +suspended, but, when the latter, in 1794, was ordered by Carlos IV to +resign, he was immediately denounced in his turn.[600] + +The Inquisition, in fact, could not but be opposed to Jansenism, for one +of the objects of the Jansenistic movement was the restoration of +episcopal rights and privileges, so seriously curtailed by the Holy +Office, and the remodelling of its organization was regarded as +essential to the overthrow of Ultramontanism.[601] The Jesuits were +therefore inevitably the allies of the Inquisition; they had conceived a +strong hostility to Carlos III who, since his accession in 1759, had +diminished their influence by dismissing from office those who were +devoted to them. Their disaffection culminated in the tumults and +disturbances of April 1766, which spread through the kingdom from +Guipúzcoa to Andalusia, and humiliated Carlos to the last degree. These +were evidently the result of concerted action, intelligently directed +and supported by ample funds, working on popular discontent caused by +scarcity and high prices. Prolonged investigation convinced the king +that the Company of Jesus was responsible for the troubles, thus +explaining the rigor with which the expulsion was executed in 1767, and +the implacable determination of Carlos in demanding of Clement XIII and +Clement XIV the suppression of the Order.[602] + +[Sidenote: _REACTION_] + +The elimination of the Jesuits was a triumph for so-called Jansenism. It +left the educational system of Spain in confusion, and advantage was +taken of this to reconstruct it on lines which should train the rising +generation in Gallican ideas as to the relations of Church and State, +and should replace medievalism by modern science.[603] Yet the +Inquisition continued the struggle, and its jealous watchfulness is +indicated when, in 1773, some chance expressions of a student led to the +denunciation, to the Barcelona tribunal, of the teaching of the great +Catalan University of Cervera, as infected with Baianism and Jansenism, +in conformity to the _Théologie de Lyon_, a book condemned in Rome for +its Gallican principles--a denunciation which was duly followed by the +prosecution of one of the professors, a Dominican named Pier.[604] + +A reaction in the policy of the court came with the rise to power of the +infamous royal favorite Godoy. By a decree of October 19, 1797, Carlos +IV permitted the repatriation of the survivors among the Jesuits +expelled in 1767. The occupation of the papal states by Napoleon had +deprived them of their Bolognese refuge, and they found themselves ill +at ease in the Ligurian Republic to which they had gone. They were +therefore compassionately allowed to return, under precautions that +should scatter them where they should not trouble the public peace, but +they speedily made their influence felt, and were busy in denouncing to +the Inquisition as Jansenists all who did not share their blind devotion +to the Holy See.[605] Still more threatening was the reception, in 1800, +of the bull _Auctorem fidei_, brought about by the influence of Godoy, +and enforced by a royal decree of December 10th, charging the bishops to +punish all opinions contrary to the definitions of the bull, while the +Inquisition was ordered to suppress all writings in support of the +condemned propositions, and the king promised to employ all the power +given to him by God to enforce these commands. The triumph of +Ultramontanism was complete, and Godoy richly earned the grotesquely +incongruous title bestowed on him, by Pius VI, of Pillar of the +Faith.[606] + +The charge was one easy to bring, and the intelligent classes in Spain +were kept in a state of unrest and apprehension. An illustrative case +was that of two brothers, Gerónimo and Antonio de la Cuesta, one +penitentiary and the other archdeacon in the church of Avila. They +incurred the enmity of their bishop, Rafael de Muzquiz, confessor of +Queen María Luisa de Parma: he organized a formidable conspiracy against +them and they were denounced as Jansenists, in 1801, to the tribunal of +Valladolid. Muzquiz was promoted to the archiepiscopal see of +Compostela, but there was no slackening in the energy of the +prosecution. Antonio escaped to Paris but Gerónimo was thrown into the +secret prison, where he lay for five years. In spite of the mass of +testimony accumulated against him, he was acquitted by the tribunal, but +the Suprema refused to accept the decision and removed the inquisitors. +The brothers had powerful friends at court, who prevailed on Carlos to +intervene, when he had all the papers submitted to him and decided the +case himself--an assumption of royal jurisdiction for which it would be +difficult to find a precedent. By royal decrees of May 7, 1806, he +ordered that the Valladolid inquisitors should be in no way prejudiced +by their removal but should be capable of promotion. Gerónimo was +restored to his dignity in the church of Avila, with ceremonies galling +to his adversaries; he was to receive all the arrears of his prebend; +his trial and imprisonment were not to inflict any disability on him or +his kindred, and his name was to be erased from the record so that no +trace of it should remain. The papers in the case against the fugitive +brother Antonio were to be sealed up and delivered to the Secretaria de +Gracia y Justicia. Heavy fines moreover were levied on all concerned in +the prosecution, to defray the expenses of the trial, and any excess was +to be paid to Gerónimo. They amounted in all to 11,455 ducats, assessed +upon twenty-one persons, all clerics except one or two officials and, in +addition to these, there were nine regulars--Carmelites, Benedictines, +Franciscans and Dominicans--who were banished for thirty leagues around +Madrid and royal residences. Two of them were calificadores and one a +notary of a commissioner, who were incapacitated for their +functions.[607] + +[Sidenote: _DISAPPEARANCE_] + +Archbishop Muzquiz did not wholly escape. Gerónimo's defence placed him +in the position of a calumniator and, in his efforts at extrication, he +accused the inquisitors of Valladolid and the Inquisitor-general Arce y +Reynoso of partiality. This exposed him to prosecution under the bull +_Si de protegendis_; his episcopal dignity protected him from arrest, +but he was fined in eight thousand ducats and the Bishop of Valladolid +who, when canon of Avila, had joined in the conspiracy, was fined in +four thousand. They would not have escaped so easily but for the +influence with Godoy of a lady who was popularly reputed to have +received a million of reales for her services.[608] + + * * * * * + +As we have seen, in Jansenism the doctrinal points involved were of +interest only to the sublimated theologian and they were virtually lost +to view at an early period. Being thus incapable of precise theological +definition, it was a favorite weapon for the gratification of enmity, as +it could be charged against all opponents of whatever character. Even as +the French Jacobins were stigmatized as Jansenists, so those Spaniards +who submitted to the "intrusive" government of Joseph Bonapart were +classed as Jansenists, and so were their most active antagonists, the +liberal members of the Córtes of Cadiz.[609] The fact is that the French +Revolution, which orthodox writers represent as the triumph of +Jansenism, was, in reality, its death-blow, for in that cataclysm +disappeared the powerful and well-organized hierarchy which alone could +struggle within the Church against the advance of Ultramontanism and its +attendant Probabilism. + +We hear little of Jansenism under the Restoration, though it is +sometimes included subordinately in the charges of anti-political +opinions. The bitterness still felt towards it, however, is well +expressed by Vélez, Archbishop of Santiago, as late as 1825, when he +ignorantly declares that Jansen caused the rebellion of the Low +Countries against Spain in the Assembly of 1633, while his disciples, +uniting in Bourg-Fontaine and Portugal, conspired against the lives of +all princes. Jansen supported the doctrines of the Calvinists and +Lutherans against the faith and his followers promulgated the greatest +errors against the Church and its discipline.[610] + + + + +CHAPTER XII. + +FREE-MASONRY. + + +Few subjects have been so fertile as Free-Masonry in the growth of +legend and myth. If we may believe some of its over-enthusiastic +members, the Archangel Michael was the Grand Master of the earliest +Masonic lodge; the builders of the Tower of Babel were wicked Masons and +those who held aloof from the impious work were Free-Masons. Others +trace its origin to Lamech and others again tell us that the first Grand +Lodge in England was founded by St. Alban in 287. Its adversaries are +equally extravagant; if we may trust them it is the precursor of +Antichrist and a survival of Manicheism; it is supreme in European +cabinets and directs the policy of the civilized world in opposition to +the Church. Every pope in the nineteenth century fulminated his anathema +against it. The Abbé Davin assures us that Jansenism is the masterpiece +of the powers of evil and that it has become, in the form of Masonry, +the most formidable of secret societies, organized for the destruction +of the Christian Monarchy.[611] There are zealous Spanish Masons who +assure us that the Comunidades of Castile and the Germanía of Valencia +were the work of Masons; that Agustin and Pedro Cazalla and the other +victims of the auto of May 21, 1559 were Masons, and that the +unfortunate Don Carlos was a victim to Masonry.[612] + +[Sidenote: _PROHIBITED BY ROME_] + +Descending to the sobriety of fact, Masonry emerges into the light of +history in 1717, when Dr. Desaguliers, Anthony Sayer, George Payne and a +few others formed, in London, an organization based on toleration, +benevolence and good-fellowship. Its growth was slow and its first +appearance in Spain was in 1726, when the London lodge granted a charter +for one in Gibraltar. Lord Wharton is said to have founded one in +Madrid, in 1727, and soon afterwards another was organized in Cádiz. +These were primarily for the benefit of English residents, although +doubtless natives were eligible to membership. As yet it was not under +the ban of the Church, but its introduction in Tuscany led the +Grand-duke Gian Gastone to prohibit it. His speedy death (July 9, 1737), +caused his edict to be neglected; the clergy represented the matter to +Clement XII, who sent to Florence an inquisitor; he made a number of +arrests, but the parties were set at liberty by the new Grand-duke, +Francis of Lorraine, who declared himself the patron of the Order and +participated in the organization of several lodges.[613] Clement +sustained his inquisitor and issued, April 28, 1738, his bull _In +eminenti_, calling attention to the oath-bound secrecy of the lodges, +which was just cause for suspicion, as their object would not be +concealed if it were not evil, leading to their prohibition in many +states. Wherefore, in view of the grave consequences threatened to +public tranquility and the salvation of souls, he forbade the faithful +to favor them or to join them under pain of _ipso facto_ +excommunication, removable only by the Holy See. Prelates, superiors, +Ordinaries and inquisitors were ordered to inquire against and prosecute +all transgressors and to punish them condignly as vehemently suspect of +heresy, for all of which he granted full powers.[614] Thus the only +accusation brought against Masonry was its secrecy, but this sufficed +for the creation of a new heresy, furnishing to the Inquisition a fresh +subject for its activity. + +The nature of the condign punishment thus threatened was left to the +discretion of the local tribunals, but a standard was furnished by an +edict of the Cardinal Secretary of State, January 14, 1739, pronouncing +irremissible pain of death, not only on all members but on all who +should tempt others to join the Order, or should rent a house to it or +favor it in any other way. The only victim of this savage decree is said +to have been a Frenchman who wrote a book on Masonry; it is true that, +in this same year, 1739, the Inquisition in Florence tortured a Mason +named Crudeli, and kept him in prison for a considerable time, but the +death-penalty was a matter for the secular authorities and in Florence +these were not under control. Indeed, when the Inquisition offered +pardon for self-denunciation, and a hundred crowns for information, and +made several arrests, the Grand-duke interposed and liberated the +prisoners.[615] Even when the arch-impostor Cagliostro, in 1789, +ventured to found a lodge in Rome and was tried by the Inquisition, the +sentence, rendered April 7, 1791, recited that, although he had incurred +the death-penalty, it was mercifully commuted to imprisonment for +life.[616] He was accordingly imprisoned in the castle of San Leone +where he is supposed to have died in 1795. + +The Parlement of Paris refused to register the bull of 1738 and when, in +1750, the jubilee attracted crowds of pilgrims to Rome, so many had to +seek relief from the excommunication incurred under it that Benedict XIV +was led to revive it, May 18, 1751, in his constitution _Providas_, +pointing out moreover the injury to the purity of the faith arising from +the association of men of different beliefs, and invoking the aid of all +Catholic princes to enforce the decrees of the Holy See.[617] When thus, +without provocation, Rome declared war to the knife against the new +organization, it naturally became hostile to Rome, and when its +membership was forbidden to the faithful, it was necessarily confined to +those who were either indifferent or antagonistic to the Roman faith. + +[Sidenote: _PERSECUTION_] + +While the papal commands were ignored in France, they had been eagerly +welcomed in Spain. The bull _In eminenti_ received the royal exequatur +and the Inquisitor-general Orbe y Larreategui published it in an edict, +October 11, 1738, pointing out that the Inquisition had exclusive +jurisdiction in the matter. He promised to prosecute with the utmost +severity all disobedience to the bull, and called for denunciations, +within six days, of all infractions, under pain of excommunication and +of two hundred ducats. The edict was to be read in the churches and to +be affixed to their portals, thus giving an effective advertisement to +the new institution by conveying a knowledge of its existence to a +population thus far happily ignorant.[618] + +The Inquisition, however, was not allowed long to enjoy the exclusive +jurisdiction claimed, for Philip V, in 1740, issued an edict under +which, we are told, a number of Masons were sent to the galleys, while +the Inquisition vindicated its rights by breaking up a lodge in Madrid +and punishing its members.[619] There was thus established a cumulative +jurisdiction which continued, for State autocracy and Church autocracy +were alike jealous of a secret organization of unknown strength which, +in troublous times, might become dangerous. Fernando VI manifested this +by a pragmática of July 2, 1751, in which he forbade the formation of +lodges under pain of the royal indignation and punishment at the royal +discretion; all judges were required to report delinquents, and all +commanders of armies and fleets to dismiss with dishonor any culprits +discovered in the service. That, in spite of these repressive measures, +Free-Masonry was spreading, may be assumed from the publication, about +this time, of two editions of a little book against it, in which this +decree is embodied.[620] Padre Feyjoo assisted in advertising the Order +by devoting to it a letter in which, with gentle satire, he treated it +as a hobgoblin, imposing on public credulity with false pretences, +although there might be evil spirits among the harmless ones.[621] + +The Inquisition meanwhile was not idle, though it did not imitate the +severity of the papal government or of the royal edicts. In 1744 the +Madrid tribunal sentenced, to abjuration _de levi_ and banishment from +Spain, Don Francisco Aurion de Roscobel, canon of Quintanar, for +Free-Masonry; in 1756 the same tribunal prescribed reconciliation for +Domingo de Otas and, in 1757, a Frenchman named Tournon escaped with a +year's detention and banishment from Spain, although, by endeavoring to +induce his employees to join the Order, he was reckoned as a +dogmatizer.[622] Another case about the same time reveals a strange +indifference, possibly attributable to hesitation in attacking a +dependent of a powerful minister. A priest named Joachin Pareja +presented himself, April 19, 1746, to the Toledo tribunal and related +that when, in 1742, he accompanied the Infante Phelipe to Italy, he lay +for some months in Antibes, where he made the acquaintance of Antonio de +Rosellon, gentleman of the chamber to the Marquis of la Ensenada, who +talked freely to him about Free-Masonry, of which he was a member. He +had but recently learned that Free-Masons were an infernal sect, +condemned by a papal bull, and he had made haste to denounce Rosellon. +No action was taken for eighteen months when, on October 13, 1747, the +tribunal asked the Madrid inquisitors to examine Rosellon, after +consulting the Suprema. The Suprema promptly scolded it for its +remissness and ordered it to make inquiry of other tribunals; the +customary interrogations were sent around with negative results and, on +January 8, 1748, the fiscal reported accordingly; there was but one +witness and therefore he recommended suspension, which was duly voted. +Some twenty months passed away when suddenly, September 7, 1751, the +Suprema recurred to the matter and wrote to Toledo demanding a report. +Toledo waited for more than a month and then, on October 16th, replied +that it referred the whole affair to the Madrid tribunal as Pareja and +Rosellon were both in that city.[623] This probably ended the case. + +[Sidenote: _POLITICAL ACTIVITY_] + +Free-Masonry was growing and extending itself throughout influential +circles. In 1760 the _Gran Logia española_ was organized and +independence of London was established; in 1780 this was changed to a +Grand Orient, symbolical Masonry being subordinated to the Scottish +Rite. In this we are told that such men as Aranda, Campomanes, +Rodríguez, Nava del Rio, Salazar y Valle, Jovellanos, the Duke of Alva, +the Marquis of Valdelirias, the Count of Montijo and others were active; +that the ministers of Carlos III were mostly Masons and that to them +was attributable the energetic action against Jesuitism and +Ultramontanism.[624] To what extent this is true, it would be impossible +to speak positively, but unquestionably Masonry afforded a refuge for +the modern spirit in which to develop itself against the oppressive +Obscurantism of the Inquisition. + +A disturbing element was furnished by Cagliostro who, in his two visits +to Spain, founded the lodge España, in competition with the Grand +Orient. This attracted the more adventurous spirits and grew to be +revolutionary in character. It was the centre of the foolish republican +conspiracy of 1796, known as the conspiracy of San Blas, from the day +selected for the outbreak. Arms were collected in the lodge, but the +plot was betrayed to the police; three of the leaders were condemned to +death but, at the intercession of the French ambassador, the sentence +was commuted to imprisonment for life. The chiefs were deported to +Laguayra where they captured the sympathies of their guards and were +enabled to escape. In 1797 they organized a fresh conspiracy in +Caraccas, but it was discovered and six of those implicated were +executed.[625] + +In the troubled times that followed, the revolutionary section of +Masonry naturally developed, at the expense of the conservative. There +is probably truth in the assertion that the French occupation was +assisted by the organization of the independent lodges under Miguel de +Azanza, one of the ministers of Carlos IV, who was grand master. The +ensuing war was favorable to the growth of the Order. The French armies +sought to establish lodges in order to popularize the "intrusive" +government, while the English forces on their side did the same, and the +Spanish troops were honeycombed with the _trincheras_, or intrenchments, +as these military lodges were called. + +With the downfall of Napoleon and liberation of the papacy, Pius VII +made haste to repeat the denunciation of Masonry. He issued, August 15, +1814, a decree against its infernal conventicles, subversive of thrones +and religion. He lamented that, in the disturbances of recent years, the +salutary edicts of his predecessors had been forgotten and that Masonry +had spread everywhere. To their spiritual penalties he added temporal +punishments--sharp corporal affliction, with heavy fines and +confiscation, and he offered rewards for informers. This decree was +approved by Fernando VII and was embodied in an edict of the +Inquisition, January 2, 1815, offering a Term of Grace of fifteen days, +during which penitents would be received and after which the full rigor +of the laws, secular and canonical, would be enforced. Apparently the +result was inconsiderable for, on February 10th, the term was extended +until Pentecost (May 14th) and inviolable secrecy was promised.[626] +Fernando had not waited for this but had already prohibited Masonry +under the penalties attaching to crimes of the first order against the +State and, in pursuance of this, on September 14, 1814, twenty-five +arrests had been made for suspicion of membership.[627] + +[Sidenote: _UNDER THE RESTORATION_] + +Thus, as before, there was cumulative jurisdiction over Masonry. The +time had passed for competencias between the Inquisition and the royal +courts; it was too closely identified with the State to indulge in +quarrels, but still there was jealous susceptibility and self-assertion. +As early as 1815 this showed itself in the prosecution of Diego +Dilicado, parish priest of San Jorje in Coruña, because he had reported +the existence there of a lodge to the public authorities and not to the +Inquisition.[628] Several cases, in 1817, show that when a culprit was +tried and sentenced by the royal courts, the Inquisition insisted on +superadding a prosecution and punishment of its own. Thus when Jean +Rost, a Frenchman, was sent to the presidio of Ceuta by the chancellery +of Granada, the Seville tribunal also tried him and ordered his +confinement in the prison of the presidio, at the same time demanding +from the chancellery the Masonic title and insignia of the prisoner and +whatever else appertained to the jurisdiction of the Inquisition.[629] +The Madrid tribunal, May 8, 1817, sentenced Albert Leclerc, a Frenchman, +for Free-Masonry; he had already been tried and convicted by the royal +court and a courteous note was addressed, as in other similar cases, to +the Alcalde de Casa y Corte, to have him brought to the secret prison, +for the performance of spiritual exercises under a confessor +commissioned to instruct him in the errors of Masonry, and to absolve +him from the censures incurred, after which he would be returned to the +alcalde for the execution of his sentence of banishment. So, in July +1817, the Santiago tribunal collected evidence against Manuel Llorente, +sergeant of Grenadiers, and the Suprema directed that, as soon as the +secular trial was finished, he was to be imprisoned again and tried by +the tribunal.[630] + +For this punctiliousness there was the excuse that the papal decrees +rendered Masonry an ecclesiastical crime involving excommunication, of +which the temporal courts could take no cognizance. This duplication of +punishment may possibly explain the extreme variation in the severity of +the penalties inflicted. In 1818 the Madrid tribunal sentenced Antonio +Catalá, captain in the volunteer regiment of Barbastro, to a very +moderate punishment, alleging as a reason his prolonged imprisonment and +ill-health. The Suprema sent back the sentence for revision, when the +abjuration was changed from _de levi_ to _de vehementi_. Then the +Suprema took the matter into its own hands and condemned him to be +reduced to the ranks for four years' service in the regiment of Ceuta, +which was nearly equivalent to four years of presidio. On the other +hand, in 1819, the sentence was confirmed of Martin de Bernardo, which +was merely to abjuration _de levi_, absolution ad cautelam, a month's +reclusion and spiritual penances. Greater severity might surely have +been shown in the case of the priest, Vicente Perdiguera, commissioner +of the Toledo tribunal, when, in 1817, the Madrid tribunal suggested +that, in view of his notorious Free-Masonry and irregular conduct, he +should be deprived of his office and insignia and of the fuero of the +Inquisition. To this the Suprema assented and with this he escaped.[631] + +It casts doubt upon the reported extent of Free-Masonry that, in spite +of the vigilance of the Inquisition, the number of cases was so small. +From 1780 to 1815 they amount in all only to nineteen. Then, in 1816, +there is a sudden increase to twenty-five; in 1817 there are fourteen, +in 1818 nine and in 1819 seven.[632] Possibly there may have been +others tried by the civil or military courts, which escaped +inquisitorial action, but, in view of its jealous care of its +jurisdiction, these cannot have been numerous. + +Yet all authorities of the period agree that, under the Restoration, +Masonry flourished and spread, especially in the army; that it was the +efficient source of the many plots which disturbed Fernando's +equanimity, and that the revolution of 1820 was its work, backed by the +widespread popular discontent aroused by the oppression and inefficiency +of his rule. When, in January, 1820, the movement was started by the +troops destined for America, in their cantonments near Cádiz, there was +a lodge in every regiment. Riego, who led the revolt, was a Mason, and +so was the Count of la Bisbal who ensured its success when, at Ocaña, +whither he had been sent to command the troops gathered for its +suppression, he caused them to proclaim the Constitution. At Santiago, +the first act of the revolutionaries was to sack the Inquisition and to +liberate the Count of Montijo, grand master of the Masonic +organizations, who lay in the secret prison.[633] + +We shall have occasion hereafter to see the ruinous part played by +Free-Masonry, and its offshoot the Comuneros, during the brief +constitutional epoch from 1820 to 1823. With the restoration of +absolutism the Comuneros disappeared and Masons became the object of +persecution far severer than that of the Inquisition. They were +subjected to the military commissions set up everywhere throughout +Spain, and those who would not come forward and denounce themselves were +declared, by an order of October 9, 1824, to be punishable with death +and confiscation.[634] + + + + +CHAPTER XIII. + +PHILOSOPHISM. + + +In the earlier period, Spanish orthodoxy seems to have been little +troubled with free-thinking, nor, when this was encountered, does it +seem to have been visited with the same vindictiveness as Protestantism. +From a temporal point of view, it was less dangerous, and the denial of +God was an offence less than the denial of papal supremacy. In an auto +at Toledo, November 8, 1654, there appeared Don Francisco de Vega +Vinero, characterized as "herege apostata, ateista," who escaped with +reconciliation, confiscation, ten years of prison and three years of +exile from Toledo, Madrid and Renedo.[635] The intellectual movement of +the eighteenth century in France, however, could not but awake an echo +in Spain, despite the severity of censorship, and the quarantine at the +ports. There was a steady infiltration of liberalism, political and +spiritual; Spaniards of culture who travelled, or who were sent abroad +on missions, returned with enlarged horizons of thought, and could not +but compare the backwardness of their native land with the activity, for +good or for evil, of the other European nations. The more the writings +of the fashionable philosophers of France were denounced, the greater +became the curiosity to examine them. A reactionary writer tells us that +the works of Filangieri, Rousseau, Mably, Condillac, Pereira, Febronius +(Hontheim) and Scipione de'Ricci had full circulation in the +universities and colleges. Some professors taught many of their +principles, the students were infected and this moral pestilence +extended rapidly without attracting due attention.[636] The Abbé Clément +found, in 1768, that one of the obstacles to the success of his +Jansenizing mission was the secret tolerance and indifferentism; it was +difficult to believe how great were the evidences of incredulity, united +with all the externals of devotion, even under the oppression of +habitual dread of the severity of the Inquisition.[637] Thus, in the +latter half of the eighteenth century, the decadent activity of the Holy +Office found a new heresy to combat, which it styled Philosophism or +Naturalism. + +The leading ministers of Carlos III, such as Aranda, Campomanes, Roda +and Floridablanca, were shrewdly suspected of sympathy with these +dangerous speculations, but the time had passed when the Marquis of +Villanueva could be arrested and prosecuted without the assent of the +king. It was safer to make examples of men not thus protected but yet +sufficiently conspicuous to serve as warnings. Such a case was that of +Dr. Luis Castellanos, health-officer of the port of Cádiz--a +free-thinker calling himself a philosopher, an agnostic who professed to +know nothing of God and who probably was indiscreet in airing his +opinions. On his trial by the Seville tribunal he at first denied, but +subsequently he confessed and begged for mercy. On June 30, 1776, an +auto with open doors was held in the chapel of the castle of Triana, at +which were present, doubtless by invitation that could not be declined, +the Duke of Medina Celi, the Count of Torrejon and innumerable other +distinguished personages, at which Castellanos was sentenced to +abjuration and confiscation, to wear a _sanbenito de dos aspas_ and to +serve for ten years in the hospital of the presidio of Oran--a severity +which emphasizes the dread inspired by this negation of opinion.[638] + +[Sidenote: _PABLO OLAVIDE_] + +Contemporary with this was a case of more far-reaching influence. Pablo +Olavide, a young lawyer of Lima and judge in the Audiencia, +distinguished himself in the terrible earthquake of 1746 and was made +custodian of the treasures dug from the ruins. After satisfying those +who could prove their claims, he employed the remainder in building a +church and a theatre. There were disappointed claimants who carried +their complaints to Madrid. Olavide was summoned thither, disbarred, +condemned to pay various sums and imprisoned. His health failing, he was +allowed to go to Leganes, where he contracted marriage with Isabel de +los Rios, whose two successive husbands had left her large fortunes. He +was remarkably intelligent, brilliant in society, and, with the aid of +his wife's money, he speedily acquired prominent social position. He +travelled and in France he formed relations with Voltaire and Rousseau, +with whom he maintained correspondence. Aranda, who secretly +sympathized with him in this, was then at the height of his power and +became his warm friend, seeking to use his abilities in the projects on +foot to elevate Spain from its condition of poverty and misery. + +Practical statesmen had long recognized as a serious evil the baldios, +or extensive and numerous tracts of uncultivated land, useless for all +purposes except as pasturage for the migratory flocks of the _Mesta_, +that powerful combination of sheep-owners who had secured legislation +restricting all cultivation that interfered with their privileges. As +early as 1749 the Marquis of la Ensenada had entertained projects of +introducing colonies of foreigners to occupy these idle lands; in 1766 +the idea was revived and _Nuevas Poblaciones_, as they were called, were +established in various places. A contract was made to bring six thousand +German and Swiss Catholics and establish them on the southern slope of +the Sierra Morena, along the main road from Madrid to Cádiz--a wild and +rugged country, the haunt of highway robbers. Campomanes drew up the +plan, under which establishments of the religious Orders were absolutely +prohibited; the settlers were to have pastors of their own race; all +spiritual affairs were to be in the hands of the parish priests, subject +to episcopal jurisdiction, and the dreaded Mesta was not allowed to +intrude. Olavide was appointed superintendent of the colony, and was +also made _assistente_, or governor of Seville. + +He threw himself into the project with enthusiasm, labored with +intelligent activity, overcame the initial difficulties and for some +years success seemed assured. Gradually however trouble arose with the +Capuchin friars who had accompanied the colonists as their priests. +Friar Romuald of Freiburg, the prefect of the group, was a disturbing +element, involved in quarrels with the episcopal officials; friction +sprang up between him and Olavide, which developed into hatred, and the +Inquisition furnished ready means for gratifying malevolence. In +September, 1775, Romuald presented a formal denunciation of the +Superintendent as an atheist and materialist, who was in correspondence +with Voltaire and Rousseau, who read prohibited books, denied the +miracles, and held that non-Catholics could be saved. Ample details were +furnished of his irreligious walk and conversation, some of which +indicate the points on which quarrels had arisen--not resorting to +prayer and good works to avert calamities, forbidding the ringing of +bells in tempests, wanting corpses buried in cemeteries rather than in +churches, and defending the Copernican system condemned by the Church. +Olavide's protector, Aranda, had fallen from power in 1773 and the +opportunity was not to be lost by the Inquisition of striking at a man, +conspicuous enough to serve as a terrifying example, and yet who, as a +"kinless loon," had no influential family behind him. Besides, the whole +scheme of the Poblaciones had aroused the hostility of two influential +classes--the friars whose establishments were excluded and the Mesta +whose flocks were not allowed to ravage the fields. + +[Sidenote: _PABLO OLAVIDE_] + +It shows the decadence of the Inquisition that the royal permission to +prosecute was sought and obtained. Olavide was summoned to court, +towards the end of 1775, on a pretext; after some delay he realized the +situation and sought the protection of Manuel de Roda, then minister of +Gracia y Justicia, who was too vulnerable himself to compromise his own +safety, and who merely wrote to Inquisitor-general Beltran a note +speaking favorably of Olavide. The Madrid tribunal moved with +deliberation, for it was not until November 14, 1776, that Olavide was +arrested. For two years he disappeared from human sight. Seventy-two +witnesses were examined, and the fiscal accumulated a formidable array +of a hundred and sixty-six heretical propositions. He admitted imprudent +talk, while denying all lapse from the faith, but he confessed enough +for the inquisitors to assume that he secretly cherished the opinions of +the fashionable philosophy, and his condemnation was inevitable. We are +told that a public auto was desired, in order to emphasize the warning, +but it was felt that the occasion scarce justified such a solemnity, and +the Roman Inquisition was consulted which suggested that the purpose +would be answered by a private auto with a huge number of spectators. It +was held, November 24, 1778, in the audience-chamber, after +inviting--invitations equivalent to commands--Campomanes and numerous +prominent nobles, statesmen and others who had been connected with +Olavide, or were suspected of philosophism, so that when he was brought +in he found himself surrounded by his friends assembled to witness his +humiliation. For three hours he listened to the long-drawn recital of +all the heretical propositions proved against him by the witnesses, to +which he responded by ejaculating "I never have lost the faith although +the fiscal says so." Then followed the sentence, pronouncing him a +convicted heretic, a rotten member of the Church, and condemning him to +reconciliation, confiscation, and banishment for ever for forty leagues +from Madrid and all royal residences, the kingdoms of Lima, Andalusia +and the colonies of the Sierra Morena, to reclusion for eight years in a +convent and to the customary disabilities for himself and his +descendants to the fifth generation. This tremendous severity so +overcame him that he fell senseless to the floor. A distant convent at +Gerona was selected for his confinement; in 1780, on the plea of +ill-health, he was allowed to visit a watering-place, from which he +escaped to France, not without, it is said, the secret connivance of the +court, although, when his extradition was demanded, he sought safety in +Geneva. With the outbreak of the Revolution he returned to France, where +he narrowly escaped the guillotine; adversity brought a change of heart +and, in 1798, he published anonymously at Valencia his "El Evangelio en +Triunfo, ó Historía de un Filósofo disengañado," which had an enormous +circulation and so impressed Inquisitor-general Lorenzana that he was +allowed to return to Spain. He was offered restoration to his positions, +but he was disillusioned with the world; he retired to Baeza, devoting +himself to good works and dying in 1804.[639] + +The Inquisition had not miscalculated the salutary influence of the +example. Don Felipe Samaniego, Archdeacon of Pampeluna, Knight of +Santiago and member of the Royal Council, was one of those constrained +to be present, and was so frightened that the next day he denounced +himself to the tribunal as a reader of prohibited books, of which he +presented a long list. This, he said, had led him to religious doubt +but, on serious reflection, he had resolved to adhere firmly to the +Catholic faith and he asked to be absolved _ad cautelam_. He was turned +to account by being required to submit a sworn statement as to where and +how he had procured the books, how long he had held these views, who had +taught him, with whom had he discussed these matters, and who had +refuted or accepted his opinions. This brought out a detailed confession +compromising almost all the learned and enlightened men of the +court--Aranda, Floridablanca, Campomanes, O'Reilly, Lacy, the Duke of +Almodovar and many others of high position. Prosecutions were instituted +against them all, but the testimony of a single witness was insufficient +and the power of those implicated was so great that the tribunal was +content to let the cases remain in suspense.[640] + +Offenders less conspicuous were less fortunate, and numerous cases +attested the resolve of the Inquisition to crush out the new ideas. It +was merciful to Benito Bails, a professor of mathematics and author of a +series of text-books long in use, for a niece was allowed to enter with +him the secret prison and take care of him, as he was aged and crippled +in all his limbs. Before the publication of evidence he confessed to +having entertained doubts as to the existence of God and as to +immortality, but that solitude and reflection had removed them, and that +he was ready to abjure and accept penance. As reclusion in a convent +would have deprived him of the care of his neice, his house was +charitably assigned to him as a prison, with various spiritual +penances.[641] A more suggestive case was that of Doctor Gregorio de +Vicente, professor of philosophy in the University of Valladolid, for +certain theses in which were discovered twenty propositions savoring of +"naturalism," and for a sermon in which he argued that true religion +consisted in the practice of virtue and not in external observance. For +eight years he lay in the secret prison, but it chanced that he had an +uncle who was an inquisitor of Santiago, whose influence induced the +Valladolid tribunal at length, in 1801, to pronounce him insane, while +condemning his propositions. On his release, however, he gave such +evidence of sanity that the tribunal felt obliged to arrest him again +and repeat his trial. This time a year of incarceration sufficed; he +abjured his errors publicly and accepted certain penances.[642] + +[Sidenote: _CONSERVATISM AND PROGRESS_] + +A case which excited much attention was that of D. Ramon de Salas, a +prominent man of letters and professor in Salamanca, imprisoned in 1796, +on the charge of entertaining the errors of Voltaire, Rousseau and other +exponents of the new philosophy. He admitted that he had read their +works, but only for the purpose of confuting them, which he had done +publicly and in writing. The accounts which have reached us of his trial +differ irreconcileably, but it appears that the prosecution was the +result of private enmity on the part of men high in office, and that +Salas had powerful protectors who induced Carlos IV to evoke the case, +after he had been condemned. This invasion of inquisitorial jurisdiction +led to resistance on the part of Inquisitor-general Lorenzana, which +caused Queen María Luisa to exclaim to him "It is you, hypocrite, and +the like of you who cause the revolutions of Europe." Not only was the +sentence annulled and Salas was liberated, but a royal order was +obtained that in future no arrest should be made without previously +consulting the king. This was duly drawn up, but Vallejo, Archbishop of +Santiago and President of the Council of Castile, one of the enemies of +Salas, had sufficient influence with Godoy to procure its +withdrawal.[643] + +This case illustrates the struggle on foot between the forces of +conservatism and progress, in which the Inquisition, as the protagonist +of the former, was not always successful. The propagators of the new +ideas were difficult to silence. Even under Carlos III, we are told that +in 1785-6 there appeared in Saragossa essays scandalizing to the +faithful, for they sought to establish that celibacy is prejudicial to +the State, that vows of religion should be postponed to the age of 24, +that the Church had customs detrimental to the State and that its abuses +and superstitions should be suppressed. Apparently the Inquisition took +no steps to vindicate the faith, and when Fray Diego de Cádiz, at the +request of many ecclesiastics, preached against these subversive +propositions, he was obliged to fly and even then he was pursued by the +wrath of the innovators.[644] Under the anomalous government of Carlos +IV, constant changes in the ministry and the fluctuating whims of his +favorite Godoy, who liked to pose as the patron of letters and +enlightenment, in turns repressed the Inquisition and gave it free rein. +A prominent personage of the time was the Count Francisco Cabarrús, a +French adventurer who founded the Bank of San Carlos and alternated, +like other statesmen of the period, between guiding the destinies of the +nation and a dungeon. After his imprisonment in the castle of Batres, he +relieved his mind in 1792 and 1793 of the thoughts which had accumulated +there, in three letters to Jovellanos, developing in verbose rhetoric +the ideas of Rousseau and the _contrat social_. Education, he argued, +should be universal, but it should be purely secular, and the clergy +should not be allowed to meddle with it, religious training being left +to parents and parish priests. In colleges the studies should be +directed to fitting youth for actual life; the existing universities +were sewers of humanity, whose scholastic theology and teaching of +jurisprudence were equally destructive to the human race. The numbers of +the clergy were enormously excessive, constituting a running sore and a +body subversive of all the principles of morals and statesmanship. There +should be stimulated a holy and virtuous indignation against all the +absurd and apocryphal devotions which pervert reason, destroy virtue and +cause heathendom to ridicule Christianity.[645] For much less than this +many a man, like Olavide, had suffered bitterly but, in 1795, Cabarrús +prefaced these letters with one addressed to Godoy himself as "mi amigo" +and, secure in the protection of the all-powerful favorite, he was +beyond the reach of the Inquisition, showing how uncertain were its +functions during the disastrous period when absolutism was in the hands +of a frivolous courtier. + +[Sidenote: _CONSERVATISM AND PROGRESS_] + +The feelings of the orthodox towards these innovators are +comprehensively expressed by Fray Francisco Alvarado, the leading +champion of conservatism against the Córtes of 1810. "These +philosophers" he says, "have come to disrupt our union, to disturb our +peace, to embarrass our defence, to distract our attention, to corrupt +our fidelity, to overturn our State, to seize our fortunes, to degrade +our reason, to abolish our religion, to--what shall I say?--to make our +free cities a hell where nothing but blasphemies are heard and where +there is little lacking to replace order with sempiternal horror."[646] +Virulent as is this objurgation, it is but the natural expression of the +passions excited by the struggle in progress, which each side felt to +be a combat to the death. A moderated philosophism, as we shall see, +triumphed in the Córtes of 1810-13 and, although there has followed +nearly a century of vicissitudes, some of them sanguinary, it has, at +least established its right to existence. The Inquisition was not +mistaken in recognizing it, from the first, as its most dangerous +enemy--the embodiment of the modern spirit, destined, for better or +worse, finally to supplant medievalism. + + + + +CHAPTER XIV. + +BIGAMY. + + +From an early period the Church assumed jurisdiction over marriage, +derived from the function of the priest for its due celebration, and +when, in the twelfth century, matrimony was erected into a sacrament, +its control became absolute. Monogamy was a distinguishing feature of +Christianity, and marriage was declared to be insoluble. The sacrament +could be enjoyed but once during the life of both spouses, and its +repetition was invalid, all of which naturally came within the province +of the episcopal courts. The infraction of the ecclesiastical law, +however, considered as an offence against society, was subject to +secular penal statutes and, under the Partidas, it was punishable with +relegation to an island for five years and confiscation for the benefit +of children, to which penalties Juan I, in the Córtes of Briviesca, in +1387, added branding in the face.[647] In 1532, the Córtes of Segovia +petitioned to have it made a capital offence, which Charles V refused, +but added half confiscation and, in 1548, the Córtes of Valladolid +substituted the galleys, the term for which Philip II, in 1566, defined +as ten years, with public vergüenza.[648] + +[Sidenote: _RESISTANCE IN CATALONIA_] + +Thus there was ample provision for the trial and punishment of the +offence by the spiritual and secular authorities, and there was no +necessity for the assumption of jurisdiction by the Inquisition. +Presumably it obtained a foothold through the laxity of the marriage tie +among Moors and Jews, so that bigamy, like abstinence from pork and wine +and change of linen on Saturday, created suspicion of heresy. This +showed itself first in Aragon. As early as 1486, the Saragossa tribunal +burnt in effigy the fugitive Dionis Ginot, a notary, for marrying a +second wife during the lifetime of the first, and a number of other +cases followed in which bigamy is conjoined with Judaic practices. For +simple bigamy the penalty seems to have been perpetual prison, the +punishment indicated for two culprits in the auto of February 10, +1488.[649] It also involved confiscation, for a letter of Ferdinand, +October 22, 1502, to his receiver at Saragossa, orders him to deliver to +certain parties ninety-four head of cattle confiscated on the bigamist +Dornan Morrell.[650] In some way bigamy was construed as heresy for, in +the Barcelona auto of February 3, 1503, Pere de Sentillana was required +to abjure for marrying two wives, and in that of July 2, of the same +year, Pere Ubach abjured for marrying in Rhodes and in Barcelona.[651] + +This was one of the grievances of the Catalans, which they thought to +remove in the Concordia of 1512, where it was agreed that bigamists, +male and female, should be tried by the Ordinaries and not by the +Inquisition, but they unwarily allowed the insertion of a provision +"unless they believe erroneously as to the sacrament of matrimony or are +suspect in the faith."[652] As this practically left it to the +discretion of the inquisitors, Inquisitor-general Mercader, in his +Instructions of 1514, was safe in telling the tribunals that they were +not to try cases of bigamy unless there was presumption of erroneous +belief as to the sacrament, and this was the answer sent, in 1515, to +the Sicilians, when they made complaint of inquisitorial abuses.[653] +Leo X, when, in 1516, confirming the Concordia of 1512, in the bull +_Pastoralis officii_, was careful to make the same reservation,[654] but +in this, as in everything else ostensibly gained by the Concordia, the +subjects of the crown of Aragon found themselves deceived and when the +Córtes, about 1530, complained that the inquisitors assumed jurisdiction +over bigamy, the curt answer was that they observed the provisions of +the law.[655] + +A case occurring in 1513 suggests ample justification for this struggle +to prevent the Inquisition from acquiring cognizance of bigamy. In 1477, +Don Jorje de Bardaxí betrothed himself by words _de præsenti_ to Leonor +Olzina but, learning that she was pregnant or had borne a child, he +never married her in the face of the Church or consummated the marriage. +He remained single, but she, in 1497, married Antonio Ferrer. In some +way the Saragossa tribunal got wind of the betrothal twenty years +previous and prosecuted her in 1513. In her defence she alleged that +Bardaxí had previously been married to Doña Juana de Luna, whereupon the +tribunal commenced proceedings against him for the betrothal in 1477 and +would have thrown him into the secret prison had he not been too infirm. +He was a man of consideration and appealed for protection to Ferdinand, +who ordered that he should not be arrested, that every care be taken to +eliminate perjured testimony and that, on conclusion of the case, the +papers be sent to Inquisitor-general Mercader.[656] The result is +unknown, but Bardaxí was at least exposed to the terrors of an +inquisitorial trial on a vague assertion of an indiscretion committed +thirty-six years before. + +[Sidenote: _INFERENTIAL HERESY_] + +Whether there was any formal opposition in Castile it would be +impossible to say. There was a decided assertion of episcopal +jurisdiction in the Council of Seville, held in 1512 by Archbishop Deza, +the former inquisitor-general, which imposed a fine of two thousand +maravedís on bigamists, in addition to the penalties provided by law; +long absence of a missing spouse was not to be accepted as an excuse, +and the death must be notorious or be duly proved before the Ordinary, +before he could permit a second marriage.[657] Still, there was no +special reclamation on the subject by the Córtes of Valladolid in 1518, +nor any provision in the reform attempted through the Chancellor Jean le +Sauvage. As in Aragon, the question turned theoretically upon the +presumable heresy of the bigamist. About 1534, Arnaldo Albertino devoted +an elaborate discussion to the matter,[658] but all this was academical +rather than practical. In 1537, Dr. Giron de Loaysa, in his inspection +of Toledo, reported that he had found everywhere many bigamists; they +were so numerous that the inquisitors prosecuted them without +distinction as to belief, and he suggested that special orders should +be accordingly issued as the offence was so evil and so frequent.[659] +This would have been superfluous. Simancas admits that, if the culprit +says that he knew that he could not have two wives and thus did not err +in the faith, it would seem that the Inquisition was estopped from +proceeding, but custom has prevailed, though it would appear wiser to +leave them to the episcopal courts. In a later work, however, he says +that the Inquisition prosecutes them as thinking wrongly of the +sacrament and impiously abusing it.[660] Thus it became settled, and +otherwise the Inquisition would have been obliged to abandon its +jurisdiction, for about 1640 an experienced inquisitor tells us that the +accused never admitted heresy, but always professed consciousness of +guilt. He was always asked whether he regarded a bigamous marriage as +lawful and, if he answered in the affirmative, he was to be punished as +a heretic.[661] + +To keep up this fiction, the formal accusation by the fiscal asserted +heresy or at least suspicion, at first in a simple form but subsequently +with much amplification, stigmatizing the accused as an apostate +heretic, or at least gravely suspect in the faith, for "thinking ill of +the holy sacrament of matrimony and its institution and adopting the +error of the heretics against the prohibition of polygamy."[662] With +the same view he was always required to abjure for suspicion of heresy, +in the earlier time _de vehementi_, but later _de levi_.[663] The +flimsiness of the pretext, however, is exposed by the fact that, in the +Suprema, bigamy cases were always considered in the afternoon sessions, +at which assisted the two lay members of the Council of Castile, and +where public pleas and other secular matters were discussed.[664] Still, +when the jurisdiction once was acquired, it was asserted to be exclusive +and was defended with customary aggressiveness. The civil magistrates +were unwilling to surrender their immemorial cognizance of the crime, +and assumed that it was _mixti fori_, leading to frequent collisions. +The tenacity with which these contests were conducted is illustrated in +a Sardinia case, in 1658, where the royal court arrested Miquel Fiori +for bigamy. When the inquisitors heard of this, they demanded the +accused and the papers but, three hours after the demand was made, Fiori +was paraded through the streets of Cagliari, receiving two hundred +lashes, and was sent to the galleys. The indignant tribunal refused +conference and competencia, and promptly excommunicated the veguer and +his assessor. Then the quarrel was transferred to Madrid, where the +Suprema and the Council of Aragon alternately for two years pelted the +king with consultas, the former assuming that the crime was purely one +of faith and that the jurisdiction of the Inquisition was exclusive; +there could be no competencia, because the inquisitor-general was the +sole judge of what constituted cases of faith. In October, 1659, the +king ordered the excommunication of his judges to be lifted; the Suprema +replied that it had commanded this in the previous February, but the +inquisitors had given reasons for not obeying; it had repeated the order +in August and presumed that it had been complied with, but it had not +been and, in November the king reiterated his commands. He decided, +however, as usual, in favor of the Inquisition, and the judges were +summoned to surrender the prisoner and the papers, but they replied that +Fiori had escaped from the galleys and that the papers had been sent to +Spain. The Suprema regarded this as an evasion and the utmost it would +do was to suspend the excommunications for six months at a time, +especially as the offending judges refused to present themselves before +the tribunal and beg for absolution.[665] + +[Sidenote: _PENALTIES_] + +The time-honored episcopal jurisdiction over bigamy was treated with +similar imperiousness. In 1650 the Suprema ordered the Valencia tribunal +to demand from the Ordinary the case of Joana Arais, charged with +bigamy, because it was a matter of faith, pertaining exclusively to the +Inquisition. So, in 1658, when the Bishop of Salamanca arrested Domingo +Moreno on the same charge, as soon as the Valladolid inquisitors heard +of it, they claimed and obtained and tried him.[666] Yet, +notwithstanding this, the episcopal authority over the sacrament of +matrimony was acknowledged and, in all sentences, there was a clause +referring to the Ordinary the question as to the validity of the +marriages. + +The Roman Inquisition was less aggressive than the Spanish for, while it +claimed jurisdiction, it was willing that bigamy should be regarded as +_mixti fori_ between the secular, the spiritual and the inquisitorial +tribunals. If the civil magistrate was the first to take action he could +carry a case to its conclusion, and punish the delinquent according to +the municipal law, but the episcopal Ordinary, or the inquisitor, ought +to demand the culprit for examination as to his belief in the sacrament +and then, after making him abjure and imposing appropriate penance, +return him to the secular court.[667] Offenders were treated with +somewhat greater severity than in Spain. The abjuration was always _de +vehementi_ and torture was freely employed for intention. The penalty +was the galleys--five years in ordinary cases and seven or more when +justified by circumstances.[668] + +In Spain, as we have seen, the secular laws provided penalties, but +these were disregarded by the Inquisition, when it secured exclusive +jurisdiction, and in practice the tribunals exercised a wide discretion. +Ordinarily men were punished with one or two hundred lashes and from +three to five years of galleys at the oar, though those of gentle blood +were exempt from scourging and were sent to presidios or to military +service in the galleys.[669] The Seville auto of May 13, 1565, may be +taken as an example, where there were fourteen bigamists. Ten of them +were scourged with an aggregate of seventeen hundred lashes, and five, +in addition, were sent to the galleys, with an aggregate of twenty-nine +years. A woman had two hundred lashes, with prohibition to leave Seville +for ten years, and two others were paraded in vergüenza. The heaviest +punishment was that of the Bachiller Cristóbal de Ordaz, a physician, +who was fined in two hundred ducats, provided that this did not exceed +half his property, he suffered two hundred lashes and was sent to the +galleys for six years irremissibly, after which he was banished for +life, with a threat of perpetual galleys in case of infraction.[670] + +Full allowance was made for extenuating circumstances. If husband or +wife had been absent for years and reasonable effort had been made to +ascertain their fate, or false news of death had been received, the +accused was acquitted or the penalty reduced.[671] This is illustrated +in the case of Anton de Cueba, a peasant of Cienpozuelos, before the +Toledo tribunal in 1606. Both his wives were of his native place. He +left it for awhile and on his return found his first wife absent. Then +news came of her death in the hospital of Anton Martin in Madrid. He +went there and verified it, returning with a certificate, on the +strength of which and of public notoriety, four years afterwards, a +licence for a second marriage was granted. Then the first wife returned +and he was placed on trial. All this was carefully verified and the case +was suspended.[672] There can, indeed, be little doubt that honestly +misguided bigamists fared better at the hands of the Inquisition than +they would have done in the secular courts, while the thorough +organization of the tribunals enabled it to collect evidence throughout +the land, whether for severity or mercy, in a manner impossible to +either the civil or episcopal authorities. Its unwearied perseverance +was sometimes severely taxed in the case of soldiers, removed from post +to post, and is fairly illustrated in that of Joseph Antonio Ferro, a +private in the regiment of Castile, accused, in 1763, to the Barcelona +tribunal. His corps shifted its quarters and he was transferred to the +regiment del Rey; his movements were followed up for years, the +tribunals of Barcelona, Seville and Valladolid were successively +employed on the case and, in 1769, that of Madrid was charged with its +conduct.[673] + +[Sidenote: _JURISDICTION DISPUTED_] + +Discretion could be used to sharpen as well as to mitigate penalties, as +may be seen in the case of the most accomplished bigamist in the +records, Antonio ----, who appeared in the Valladolid auto of October 4, +1579. He confessed promptly and freely that within ten years he had +married fifteen wives. It was the profession by which he earned a +livelihood, for he wandered through the land marrying and running away +with whatever he could secure. He must have been a most plausible +scamp, for his favorite device was to personate some one who had +disappeared, after gathering information sufficient to enable him to +maintain the deception. This plan he repeated eleven times, in some +cases establishing claims to considerable property. His sentence was to +appear in the auto with a mitre bearing the insignia of all the fifteen +marriages (usually the figure of a woman for each), two hundred lashes +and the galleys for life. In view of the latter clause it seemed +slightly superfluous to remit to the Ordinary, as usual, the question as +to which of the women he should live with.[674] + + * * * * * + +As the eighteenth century advanced, the inquisitorial claim to exclusive +jurisdiction was called in question. In the New Granadan case of Alberto +Maldonado, of Santafé de Bogotá, the alcalde resisted the interference +of the Inquisition with his prosecution of the culprit; the matter was +brought before the royal Audiencia, which decided in favor of the +tribunal, on grounds of expediency. Appeal was made to the home +government, resulting in a decree, February 18, 1754, to the effect that +bigamy was _mixti fori_ and that cognizance belonged to the jurisdiction +taking first action. Against this the Suprema presented a consulta, +March 18th, but to no purpose. The decree was enclosed to all viceroys +in a royal cédula, commanding that, in no case, should a competencia be +admitted, for no custom could prevail against the regalías, without the +royal consent. If the Inquisition desired to take action for the +suspicion of heresy involved, it could do so after the culprit had +served out the punishment imposed by the royal courts.[675] + +The Inquisition was irrepressible and, in spite of these positive +commands, a competencia arose in New Granada, which induced Carlos III +to reconsider the questions. Consultas were called for and were +presented, by the Suprema in April, 1765, and by the Council of Indies +in April, 1766, resulting in a decree of July 21, 1766, by which Carlos +restored the exclusive jurisdiction of the Inquisition. This was sent to +the viceroys, September 8th and we find it ordered to be duly obeyed in +Mexico by the Marquis de Croix, February 26, 1767.[676] Carlos soon saw +reason to change his views. The Auditor de la Guerra had tried and +sentenced an invalid soldier, when the Inquisition interposed and +demanded the papers. This aroused him to a sense of the incongruity of +the position, and he ordered the Royal Council to consider the matter. +It presented a unanimous report, January 10, 1770, in conformity with +which he decreed, February 5th, that the case belonged exclusively to +the Auditoria de la Guerra. He utilized the occasion, moreover, by +adding that he had ordered the inquisitor-general to instruct +inquisitors that, in cases of this kind, they must observe the laws of +the kingdom and not embarrass the royal judges in matters appertaining +to them, but must limit the use of their faculties strictly to heresy +and apostasy and not dishonor the royal vassals by arrests without +manifest preliminary proof. All the royal tribunals were ordered to try +and punish bigamists, according to the laws and to be zealous in +preventing any contravention of the decree.[677] + +This was a bitter rebuke, sullenly resented by the Inquisition. There +were many pending cases in the tribunals and they forthwith suspended +proceedings. This led to a royal letter of September 30, 1771, in which +authority was granted to proceed with all cases not on trial in the +royal courts, and all that might be denounced to the Inquisition, but +subject to the condition that, when the culprit was not _reo de fe_, +through belief that bigamy is lawful, sentence should not be rendered or +punishment be inflicted but that the case should then be handed over to +the courts having jurisdiction.[678] + +[Sidenote: _JURISDICTION DIVIDED_] + +Although this conceded only the power of trying without convicting, it +was an entering wedge, which the Suprema lost no time in turning to +advantage, by stimulating denunciations and making the people believe +that it still held jurisdiction. In the Edict of Faith for 1772, +therefore, bigamy was included, with the cautious formula "so that the +Holy Office may prevent the offences against God committed in this +crime."[679] The royal decree was sent around to the tribunals, with +instructions that, when denunciations were received, care was to be +taken to see that the accused was not on trial elsewhere. In that case +he was to be regularly tried and convicted and made to appear in an +_auto particular_, with the insignia of bigamy and double-knotted halter +indicating scourging; he was to be made to abjure and be remanded to +prison for two or three weeks of penance and then be handed over to the +secular court, so that his subsequent punishment might have the +appearance of being merely the execution of a sentence by the +tribunal.[680] + +While these devices doubtless had the effect designed, the offensive +decree of 1770 remained in force and was a standing humiliation which +the Suprema strove earnestly to remove. In 1777 it presented a memorial +representing that the decree was printed and sold and published in the +journals, causing infinite prejudice to religion and giving immense +impulse to profligacy and infidelity. It debarred the Inquisition from +acting in any cases save those of heresy and apostasy, and even in these +it could make no arrests unless guilt was conclusively proved. Since +that year, it says, how many have abandoned themselves to solicitation, +sorcery and other crimes, believing themselves secure from the +Inquisition! How many have allowed themselves to utter propositions +impious or heretical, believing that, even when denounced, they could +not be arrested until their offences were fully proved--a thing which +could rarely or never happen! It is in vain that the Inquisition +publishes its yearly Edict of Faith; the impression produced by the +cédula is uneffaced and it ought to be called in and suppressed.[681] + +This appeal led to a royal declaration of September 6, 1777, to the +effect that the cédula of 1770 did not impede the jurisdiction of the +Inquisition in cases of which cognizance was reserved to it. As to +bigamy, the offence was partitioned between three jurisdictions; the +deceit of the woman and the injury of offspring were subjected to the +secular courts; the validity or invalidity of the marriage, to the +episcopal courts; and heresy as to the sacrament, when it existed, to +the Inquisition. The three jurisdictions should coöperate, by each +imposing the penalties belonging to it and delivering the culprit from +one to another in order that his offences might be verified.[682] This +subdivision of a crime into three was too clumsily scientific to be +reduced to practice. In appearance it only defined the existing method, +but in a shape which enabled the Inquisition to encroach on the secular +jurisdiction. As early as 1781, we find that the bigamist, after trial, +was handed over to the royal court with a certificate designating him +not merely as a convict but expressing the punishment of exile and +presidio, thus showing that the tribunal presumed to sentence him to +temporal as well as to spiritual penance. In 1791 a case indicates that +it even went further, for the Toledo tribunal held an auto particular +for Gabriel Delgado, in which his sentence was read, prescribing not +only abjuration de levi and spiritual penance, but exile for eight years +from Toledo, Madrid and royal residences. The only difference between +this and the practice of a century earlier, was a clause that his person +was to be delivered to the secular justice.[683] + +[Sidenote: _NUMBER OF CASES_] + +Under the Restoration the Inquisition assumed full jurisdiction over +bigamy; the tribunal sentenced the culprit as of old, usually to +scourging and presidio or exile, and the Suprema, in confirming the +sentence, ordered the scourging omitted on some pretext. Nothing was +said about handing the culprit over to the secular courts. They might, +if they saw fit, exercise cumulative jurisdiction, and entertain cases +that came to them, but, after they rendered judgement, the Inquisition +tried the culprits over again and modified the sentence at its pleasure, +either to increase or diminish the penalties. Thus, in 1818, the Granada +criminal court sentenced Eusebio Reulin to six years of presidio of +which one was to be in Africa. Then the tribunal took hold of him, +adding spiritual penances and perpetual exile from certain places, and +increasing the presidio to ten years, but, when this went for +confirmation to the Suprema, it cut down the exile to eight years and +the presidio to two. The sentence of the criminal court was treated with +the utmost contempt. An exception to this seems to have been made when +the army was concerned. In 1817, Eladio de Aragon was tried by the +Madrid tribunal and convicted of having three wives; his sentence +comprised only abjuration and spiritual penances, after the performance +of which he was to be handed over to the captain-general with a copy of +his sentence and a recommendation to mercy, in view of his long +imprisonment, his confession and the hopes entertained of his +amendment.[684] Evidently, in dealing with the army, the Inquisition +felt constrained to obey the laws. + + * * * * * + +Bigamy formed a portion by no means inconsiderable of the current +business of the Inquisition. In the Toledo record, from 1575 to 1610, +the number of cases is fifty-four, ranking next to those of Moriscos. In +the same tribunal, from 1648 to 1794, there were sixty-two cases, being +next in number to solicitation. In the sixty-four autos held in Spain +from 1721 to 1727, there were thirty-four cases, the only crimes +exceeding this being Judaism and sorcery. In the later period, owing +doubtless to the interference of the secular jurisdiction and the +decadence of the Inquisition, the number falls off, the total in all +tribunals from 1780 to 1820 being one hundred and five.[685] + + + + +CHAPTER XV. + +BLASPHEMY. + + +Blasphemy is a somewhat elastic term but, for our purpose, it may, in a +general way, be defined as imprecation derogatory or insulting to the +Divinity. Punished with lapidation under the Levitical law, it was, +during the Middle Ages, the subject of infinite legislation, both on the +part of secular and ecclesiastical lawgivers, and savage punishments, +such as boring the tongue with a hot wire, were frequently imposed. +Enrique IV, in 1462, prescribed cutting out the tongue, together with +scourging or banishment and, in 1476, Ferdinand and Isabella confirmed +this.[686] Jurisdiction over blasphemy was cumulative, belonging both to +the secular and spiritual courts, and was also within the cognizance of +the Old Inquisition, provided it was heretical, but the distinction +between non-heretical and heretical was not easy. Eymerich tells us that +imprecations reviling God or the Virgin, or expressing ingratitude to +him, are simple blasphemy with which the Inquisition has no concern; to +give it cognizance there must be a denial of some article of faith, and +the repetition of this definition by the Repertorium in 1494 shows that +this continued to be accepted as the rule in practice.[687] + +[Sidenote: _MUST BE HERETICAL_] + +The Spanish Inquisition, at its inception, thus found itself possessed +of jurisdiction and, in Aragon at least, where the institution had the +tradition of centuries, there was no hesitation in exercising it, +immediately after the reorganization. In the Saragossa auto of December +17, 1486, there appeared a Christian punished for blasphemy, his tongue +being pierced with a stick, and a Jew with a bridle in his mouth, a +mitre and a straw _espuerta_. In this field, as in so many others, +inquisitorial zeal outran discretion; there was little attention paid to +the distinction between heretical and non-heretical and, in the +Instructions of 1500, inquisitors were told that they made arrests for +trifling matters, not directly heretical, as for words uttered in anger +that were blasphemy and not heresy; in future, no one was to be arrested +for such things and, if there was doubt, the inquisitor-general was to +be consulted.[688] This warning was all the more needed, as the secular +courts were not ready to abandon their jurisdiction, for a pragmática of +Ferdinand and Isabella, in 1502, provides lashes, prison and other +penalties for blasphemies so evidently heretical as _descreo de Dios_ (I +disbelieve in God).[689] The bishops likewise continued to assert +control, for the Council of Seville, in 1512, under ex-Inquisitor-general +Deza, imposed a fine of three gold florins and imprisonment at +discretion on clerics, while for laymen, in addition to the legal +penalties, the ecclesiastical judge was directed to prosecute for +swearing, blasphemy, or insults to God, the Virgin and the saints.[690] + +The caution enjoined in the Instructions of 1500 was lost on the +inquisitors and their abuse of power, in this respect, suggested one of +the complaints of the Córtes of Monzon, in 1510. In the Concordia of +1512 it was provided that they should not have cognizance of blasphemy, +unless it manifestly savored of heresy, such as denying the existence of +God or his omnipotence. Inquisitor-general Mercader embodied this in his +Instructions of 1514, and Leo X confirmed it, in 1516, in his bull +_Pastoralis officii_.[691] The Aragonese Suprema accepted this and, in +the Edict of Faith of 1515, it was specially stated that denunciation of +blasphemy was not required, except when it was contrary to articles of +faith.[692] As we have seen in bigamy, however, no attention was paid to +this and, among the grievances of the Córtes about 1530, there is +complaint that the Inquisition threw into prison orthodox persons for +blasphemy and for words merely uttered in the heat of passion, to which +the imperturbable inquisitor-general replied that the inquisitors acted +only in accordance with the law and, if parties had been aggrieved, let +their names be given, when due provision would be made.[693] + +These troubles were by no means confined to Aragon. In Castile a royal +pragmática of 1515 recites a supplication to the king asking that +inquisitors should not have cognizance of blasphemy, wherefore it was +ordered that they should only hear cases which they could and ought to +hear, and a special charge was given to the inquisitor-general not to +permit them to do otherwise, and to provide that abuses, if such there +were, should cease.[694] This ambiguous utterance naturally produced no +effect and, in 1534, the Córtes of Madrid represented forcibly the +hardship that a blasphemy, uttered in the excitement of gambling or in +the passion of a quarrel, should expose a man, noble and of pure blood, +to arrest by the Inquisition, when, as the cause was not known, the +whole lineage suffered infamy. They asked, therefore, that the offence +should be remanded exclusively to the secular courts, which should +punish it rigorously. To this Charles evasively replied that the judges +would execute the laws and the inquisitors would not exceed their +powers, and he contented himself with reissuing the pragmática of +1515.[695] + +It is easy to appreciate the feelings underlying these remonstrances, +for there was no function of the Inquisition which brought it more fully +in contact with the mass of the Old Christian population, thoroughly +orthodox at heart, strict in observance, proud of purity of blood, and +dreading nothing so much as the nota incurred by the slightest suspicion +of heresy. The Spaniard was choleric, and not especially nice in his +choice of words when moved by wrath; gambling was an almost universal +passion and, in all lands and ages, nothing has been more provocative of +ejaculations and expletives than the vicissitudes of cards and dice. +What, to women in the humbler walks of life, were the prosecutions for +sorcery, those for blasphemy were to men of all ranks. Trivial as this +portion of inquisitorial activity may seem to us, we may feel sure that +in no other way was the influence of the Holy Office more keenly felt or +more dreaded by that great body of the nation which zealously welcomed +its persecution of the Jewish and Moorish New Christians. + +[Sidenote: _DEFINITION DIFFICULT_] + +It is true that, in theory, the jurisdiction of the Inquisition was +confined to heretical blasphemy and, if the older definitions were +observed, only a moderate self-restraint was required for the most +inveterate gambler or hot-headed ruffler to keep on the safe side, but +definitions were malleable and could be moulded to suit the temper or +the aggressiveness of a tribunal anxious for business and for fines. The +doctors found it no easier to agree upon the delimitation of heretical +blasphemy than upon the thousand other questions suggested by Moral +Theology. It was easy to say in general terms that heretical blasphemy +consisted in affirming or denying of God that which the faith requires +to be denied or affirmed, or in attributing to the creature that which +pertains solely to the Creator, but when it came to applying these +abstract principles in the concrete, there was apt to be discordance, +and it is easy to imagine how ample a field for casuistry was afforded +by the variety, vigor and picturesqueness of the blasphemy of the +southern races. + +As a rule, the Suprema was inclined to check the readiness of the +tribunals to discover heresy in expletives which were, it is true, +blasphemous, irreverent and indecent, but not indicative of lack of +faith. There was a class of these, which seem to have been in the mouth +of every one, ineradicable by the most severe legislation, such as "Mal +grado aya Dios" (May it spite God), "Pese á Dios" (May God regret) +"Reniego á Dios" (I renounce God), "Descreo de Dios" (I disbelieve in +God) etc., for which Ferdinand and Isabella, in their laws of 1492 and +1502, provided penalties ranging from a month's imprisonment for a first +offence, to piercing the tongue for a third and, in 1525, Charles V +added "Por vida de Dios" (By God's life) to the list. In 1566, Philip II +in his desire for naval recruits, added ten years of galleys to the +penalties for blasphemy and six years of galleys to the tongue-piercing +for the third offence, as provided by his predecessors.[696] When these +offences were so fully covered by secular law, the Suprema deemed it +unnecessary that the tribunals should be diverted from their legitimate +functions to take cognizance of them. In 1537, Dr. Giron de Loaysa, in +his visitation of Toledo, writes for instructions concerning these +expletives. He regards them as heretical, but he understands that the +Suprema does not wish the tribunals to take action on them, as they are +so common and there are already judges enough for them.[697] It was +probably in response to this that, in the same year 1537, the Suprema +decided that utterances such as these were not within its jurisdiction, +because they were conditional, being merely explosions of wrath or +disappointment, a decision which it repeated in 1547; it had already, in +1535, construed the Instructions of 1500 as implying that sudden +ejaculations of anger were to be handed over to the episcopal courts +and, in 1560, it included "por vida de Dios" among non-heretical +blasphemies. In 1567, however, among the charges against Estevan Pueyo, +in Valencia, is included his exclaiming "pese á Dios" and the tendency +of inquisitors to widen the definition is seen in the rebuke by the +Suprema of Inquisitor Moral because, in San Sebastian, he had punished +for sayings such as "God cannot do me more harm" and "in this world you +will not see me suffer," unless, indeed, it sagely observes, the last +expression is used with disbelief in the final Judgement.[698] + +This latter remark illustrates the ingenious casuistry with which heresy +could be discovered whenever desirable, of which we have already seen an +example in the case of Antonio Pérez, for one of the charges against him +was his swearing that, if God the Father interfered with his defence, he +would cut off his nose, in which Fray Diego de Chaves found savor of the +heresy of the Vaudois who attributed human members to God. It is +possible that the successful employment against Pérez of the +jurisdiction over blasphemy may have led to a more liberal definition of +heresy for, in the seventeenth century, we find a consensus of opinion +that such expletives as "reniego de Dios" or "de la fee" or "de la +crisma" or "de Nuestra Señora" or "descreo de Dios" were heretical. +Whether this applied to renouncing St. Peter, St. Paul and other saints +was a more doubtful question on which the doctors differed. There were +even strict constructionists who held that to call God all-wise or +all-beautiful, as a lover might address his mistress, was blasphemy. In +Sicily, the exclamation "Sanctus Diabolus" was usually admitted to be +heretical, but it was not prosecuted because it was so universally used +that it was more convenient to class it as simple blasphemy.[699] It +will readily be seen how elusive were the questions arising from the +variegated ingenuity of blasphemers, and what scope there was for the +indulgence of temperamental idiosyncracies among inquisitors. + +[Sidenote: CUMULATIVE JURISDICTION] + +In the region so full of doubt, where there were three claimants of +jurisdiction--the secular, the spiritual and the inquisitorial--much +clashing might naturally be expected, but I have not met with any +competencias with the royal courts arising from this source.[700] In his +anxiety to suppress blasphemy, Philip IV in 1639 assembled a junta to +consider whether the jurisdiction of the Inquisition could not be +enlarged, so that it could punish the utterance of a single "por vida," +when the outcome of its deliberations was a comprehensive decree +punishing all swearing, save in judicial procedures, with a graduated +scale of penalties, and those addicted to the habit were incapacitated +for holding office under the State. Of course this was ineffective and, +in 1655 and 1656 he ordered the rigid infliction of the punishment in +order to disarm the divine indignation manifested in the public +misfortunes.[701] + +Neither did the episcopal courts surrender their jurisdiction, and it +proves the ineradicable character of the offence that it continued to +flourish in spite of persecution by all three. A case illustrative of +their cumulative action, and of the susceptibility of Spanish piety, was +that of Diego Cabeza, of Manzanal de la Puente who, about 1620, in +quarrelling with a man, said that he did not know what God was about +when he made him. The local magistrate, Francisco Prieto, exacted of him +a fine of forty ducats, by threatening to denounce him to the +Inquisition, but the episcopal court heard of the matter, arrested, +tried and punished him. Then, some ten years later, in 1630, he was +denounced to the Valladolid tribunal; the calificadores duly pondered +over his utterance and pronounced it to be an heretical blasphemy, but, +when the inquisitors learned that it was ten years old, and that he had +already been punished by the episcopal Ordinary, they wisely suspended +the case.[702] + +Presumably it was the worst cases of blasphemy that came before the +Inquisition and, as a rule, its moderation offers a favorable contrast +to the savage ferocity of secular legislation. It is true that, as +suspicion of heresy was inferred, the accused was thrown in the secret +prison which, in itself, was a severe infliction, but torture was not +employed. The penalties prescribed were abjuration de levi, appearance +in an auto, gagging, scourging and galleys, according to the gravity of +the offence, while frailes were recluded in convents of their own +Orders.[703] These, however, were reserved for aggravated cases of +habitual blasphemy by offenders of low degree; nobles and gentlemen had +their sentences read in the audience-chamber, were excused from +abjuration, and were recluded in a monastery for some months. Outbreaks +of passion, in quarrels or gambling and even drunkenness, were held to +entitle the accused to acquittal, or to merely nominal penalties. A +writer of about 1640, indeed, assumes as a rule that the culprit was +only reprimanded in the audience-chamber, without abjuration, except in +very scandalous cases, deserving of scourging and the galleys, but even +in these such punishments were no longer inflicted. There was no +sequestration of property, and repetition of the offence was not +regarded as relapse.[704] A later writer, however, holds that such +heretical blasphemies as "reniego de Dios," "descreo de Dios" and the +like are punishable with vergüenza or a hundred lashes.[705] + +[Sidenote: NUMBER OF CASES] + +It may be assumed, in fact, that there was a wide discretion in these +matters. We have seen the severity with which the wild outbursts of rage +of Antonio Pérez were treated, yet, in 1624, a young soldier who, when +put in the stocks, exclaimed "I renounce God and the saints; devils why +don't you come and carry me off?" when duly tried with all formality by +the Valladolid tribunal, was discharged with a reprimand and without a +sentence. So, in 1630, two girls in the Dominican convent of Valladolid, +on being confined in a room by the prioress, in a burst of rage +repeatedly renounced God and the saints. Naturally on trial they +expressed extreme repentance and were discharged with a reprimand.[706] +This wise moderation did not exclude severity, when the case seemed to +demand it. In 1669, Antonio del Hero, for heretical blasphemy "en grado +superlativo" was sentenced in Toledo to appear in the auto of April 7th, +to abjure de levi, to hear mass as a penitent, to receive a hundred +lashes and to serve three years in the galleys.[707] + + * * * * * + +Considering the prevalence of the vice and the energetic efforts for its +suppression, the number of cases in the Inquisition is less than might +be expected. In the Toledo record, from 1575 to 1610, there are only +forty-six. In that of the same tribunal from 1648 to 1794, the number is +but thirty-seven. In all the tribunals, from 1780 to 1820 the total is +one hundred and forty-seven. It is evident that, in this matter, the +activity of the Inquisition diminished greatly as time wore on, whether +from an increase in popular reverence or from a growing disinclination +to denounce the offence. + + + + +CHAPTER XVI. + +MISCELLANEOUS BUSINESS. + + +In the undefined and widely extending jurisdiction of the Inquisition +there were a number of matters, more or less connected with the faith, +of which it assumed cognizance. Their cursory consideration is +indispensable and they can more conveniently be grouped together. + + +MARRIAGE IN ORDERS. + +The celibacy enjoined on the Catholic clergy includes the seculars, from +the subdiaconate upwards, and the regulars who are bound by the three +vows of chastity, poverty and obedience. Even degradation from orders +does not remove the disability, as the indelible _character_ impressed +in ordination remains.[708] Strict as has been the enforcement of the +canons, since the twelfth century, the weakness of the flesh has, at all +times, led to occasional infractions of the rule, punishable with +degradation, reclusion in a monastery and other penalties. Whether the +offence was justiciable by the Inquisition was, in the earlier period, +the subject of debate, some authors holding that, if the marriage was +public, it implied heretical error, bringing it under inquisitorial +jurisdiction, but that, if it was secret, this showed that there was no +intellectual misbelief, making the offender guilty only of violating the +law and subjecting him, if secular, to the spiritual courts, and if +regular, to the prelates of his Order.[709] + +[Sidenote: _MARRIAGE IN ORDERS_] + +The Reformation, which sanctioned clerical marriage, introduced a new +and controlling factor that in time altered the situation. Yet, for a +considerable period there was a powerful movement, especially among +German Catholics, to relax the prohibition in the hope of effecting a +reunion. The question was regarded as open for discussion, as a matter +merely of discipline; Arnaldo Albertino argues that the pope can +dispense for marriage in orders, and instances the dispensation granted +by Alexander VI to his son Cæsar Borgia, then a cardinal-deacon, to +marry the heiress of Valentinois.[710] The reactionary influences which +controlled the Council of Trent changed all this when, in 1563, it made +clerical celibacy a matter of faith, rendering priestly marriage +unquestionably thenceforth heretical.[711] + +The Inquisition, however, did not wait for this to assume jurisdiction, +though it seems not to have acted until after the outbreak of the +Reformation had rendered clerical celibacy a subject of discussion. The +earliest case that I have met is that of Miguel Gómez, a priest of +Saragossa, sentenced, for marrying in orders, by the Toledo tribunal in +1529, when the peculiar punishment would seem to show that it was a +novelty for which no precedent existed. He was exhibited for three days +on a ladder at the portal of the cathedral, in his shirt and drawers, +with his hands tied, his feet chained and a mitre on his head, after +which he was deprived for life of sacerdotal functions and banished +forever from the province. Toledo had no other case until 1562, when it +had to deal with the somewhat complicated offence of Fray Juan Ramírez, +who entered a religious order while married, but twice left it and +returned again, during which performances he married two wives.[712] +That jurisdiction depended wholly on the sacrament is seen in the case +of Juan Carrillo, alias Fray Juan Ortiz, a Franciscan denounced, in +1596, to the Toledo tribunal by his prelate, Fray Juan de Ovando, for +apostasy and living with a woman reputed to be his wife. Investigation +showed that she was merely his concubine, so the case was suspended, and +he was remanded to Ovando to be dealt with under the rules of the +Order.[713] + +[Sidenote: _PERSONATION OF PRIESTHOOD_] + +After the offence had clearly been made heresy by the Council of Trent, +the terrifying formula of accusation by the fiscal describes the +offender as unworthy of mercy, to be deprived of all ecclesiastical +privilege, to be degraded from his orders and to be relaxed to the +secular arm, to which was added the _otrosi_ demanding the free use of +torture.[714] In practice, however, there was the widest discretion. It +is true that writers speak of appearance in public auto or degradation +and reclusion in a monastery for a few years, or a similar term of +galley service, but there seems to have been no rule.[715] Indeed, it is +not easy to understand how an offence so uniform in its nature should +have been visited with penalties so diverse. In 1597, Francisco Agustin, +an Augustinian of Barcelona, married in Toledo, sought to defend himself +on the plea that he had entered the Order under compulsion in order to +escape his debts; his sentence was appearance in an auto, abjuration _de +levi_ and imprisonment for life in the convent where he had made +profession.[716] In 1629, Fray Lorenzo de Avalle, a Benedictine priest, +accused himself to the Valladolid tribunal of having married and lived +for eight years as a musician in Aragon. Notwithstanding his +self-denunciation, he was sentenced to verbal degradation and to four +years' detention in a monastery, where he was to undergo a circular +discipline, while the woman was notified that she was free to marry +again.[717] In strong contrast with this was the case of Juan Alonso +Palacios, a married Jesuit, before the Toledo tribunal in 1659, who, +though not an _esponianeado_, escaped with a reprimand and four years of +reclusion. Then, in 1664, Fray Juan de Ayala, a Mercenarian priest, was, +by the same tribunal, suspended perpetually from his functions and +recluded for three years in a convent with one year's Friday fasting and +some spiritual penance. Again, in 1675, the same tribunal condemned +Gerónimo de Morales, a married subdeacon, to five years in the galleys, +three more of exile and disqualification for orders.[718] Five years of +galleys, with three more of exile and deprivation of functions and +benefices, was the portion of Don Cristóval de Zabiati, alias Don Juan +Baptista de Verganza, priest of Talavera de la Reina, who appeared in +the great Madrid auto of 1680.[719] In 1700 the Toledo tribunal had to +deal with a case characterized as "con circonstancias gravísimas," so +that we may regard the sentence as representing the extremity of +punishment for the offence. The culprit was not required to appear in an +auto, but his sentence was read in the audience-chamber, in the presence +of twenty-four ecclesiastics. It prescribed abjuration _de levi_, +perpetual deprivation of functions, perpetual confinement in a convent +cell, to be left only for choir and refectory, in which he was to have +the last place, to fasting for four years, on bread and water on Fridays +and vigils, and to a circular discipline when taken to the convent. The +details of his career are not given, but there is a suggestion of +material for a picaresque novel, as the culprit was a Dominican, Fray +Tomas Juster, who had been a calificador of the Inquisition and a +preacher of the king, and who enjoyed the multifarious aliases of Don +Juan de San Feliú Cisneros, Don Vicente de Ochaita and Don Juan de +Ibarrola.[720] It is somewhat remarkable that degradation appears so +rarely to be resorted to. + +The offence seems to have been by no means frequent. In the Toledo +reports from 1575 to 1610, there are only the two cases referred to +above, and, in the record of the same tribunal from 1648 to 1794 the +number is only ten. From 1780 to 1820 the combined records of all the +tribunals show only six cases.[721] + + +PERSONATION OF PRIESTHOOD. + +The veneration with which the sacraments are regarded, and the supreme +importance ascribed to them as a means of salvation, render it +indispensable that they should be guarded with the utmost solicitude. +Not only is their validity essential to those who seek them, but any +fraud in their dispensation is sacrilege, which, in the case of the +mass, may plunge all worshippers present into the sin of idolatry. With +the exception of baptism, they can be administered only by those in full +priest's orders, and the pretence to do so by men unqualified is a +wrong, not only to the faithful who are deceived, but to the Creator +who has established them for the solace and salvation of His +creatures.[722] + +The fees attaching to the confection and bestowal of the sacraments are +a valuable privilege of the priesthood, and the temptation was great for +graceless laymen or clerics in the lower orders to simulate the +possession of the requisite faculties, and to betray the unsuspecting +into accepting from their hands the worthless simulacra. In the venality +of the fourteenth century this would seem not to have been regarded as +an especially grave offence for, in the tax-roll of Benedict XII, the +official fee for absolution for pretending to be a priest, hearing +confessions and granting absolution, is only six _grossi_ or about +three-quarters of a florin.[723] After the outbreak of the Reformation +it was regarded as a more serious matter. Paul IV, in briefs of May 20, +1557, and February 17, 1559, defined the offence as subject to the +Inquisition, and to be punished by relaxation, even when there was not +relapse.[724] Sixtus V felt compelled to reissue the brief of Paul, and +Clement VIII, in 1601, confirmed the acts of his predecessors, +authorizing prosecution by either the Inquisition or the episcopal +Ordinary. This was applicable only to culprits who had reached the age +of 25, but Urban VIII, in 1627, reduced the limit to 20.[725] + +[Sidenote: _PERSONATION OF PRIESTHOOD_] + +This repetition of legislation shows the stubbornness of the evil and +the papal determination to suppress it. Even complicity was sternly +punished for, in 1619, a layman assisting a celebrant, whom he knew to +be unqualified, was tortured for intention, made to abjure _de +vehementi_, to serve five years in the galleys, and was perpetually +suspended from assisting at mass.[726] Cardinal Scaglia, however, states +that when the offence was committed through thoughtlessness, relaxation +was commuted to ten years of galleys,[727] but there was no hesitation +in inflicting the full penalty in appropriate cases. As late as July 18, +1711, Domenico Spallacino, a hardened offender, who had lived for five +years by celebrating mass in Rome, Loreto and other places, was relaxed +and condemned to be hanged and burned; he was duly hanged in the Piazza +di Campo de'Fiori, the body was fastened to an iron stake on a pile of +wood and was reduced to ashes, which were gathered up and buried.[728] + +In Spain the matter was treated less seriously. The Inquisition at first +did not regard itself as having jurisdiction unless there were misbelief +as to the sacraments. A carta acordada of January 31, 1533, instructs +the tribunals that, in these cases, the culprit is to be asked whether +he thought himself possessed of the power, or whether he had anywhere +heard it so asserted as an opinion, and what was his intention; if he +acknowledges no erroneous belief, the matter does not concern the +Inquisition and, he is to be handed over to the magistrate. The briefs +of Paul IV were not admitted in Spain, and the matter slumbered until +1574 when, on January 13th, the Suprema addressed to the tribunals a +circular inquiry, asking whether there had been any prosecutions for +this offence; if so, on what grounds was the jurisdiction based, what +form of procedure was followed, and what penalty was inflicted; also +opinions were asked as to how such cases should be treated.[729] +Evidently no attention had as yet been paid to the question; the replies +showed that there was no general policy, and a brief of August 17th, of +the same year, was obtained from Gregory XIII reciting that in Spain +there were conflicting opinions whether the Inquisition had or had not +jurisdiction, wherefore he granted to it exclusive cognizance, and +forbade the episcopal courts from entertaining such cases.[730] This the +Suprema sent, November 26th, to all the tribunals with orders to +prosecute in such cases, and to introduce a corresponding clause in the +Edict of Faith.[731] + +It is evident that the Spanish Inquisition did not share the horror felt +in Rome for such offences, and this is manifested in the comparative +moderation of the penalties inflicted. About 1650, a Spaniard in Rome, +writing to a friend at home, and comparing the severity of the Italian +Inquisition with the mildness of the Spanish, instances the Roman +torture of bigamists and soliciting confessors, the longer terms of +galleys for the former, and the implacable relaxation of those who +celebrate mass without ordination.[732] There was no such ferocity in +Spain. No time had been lost in assuming the jurisdiction and already, +in 1575, there was a culprit in a Toledo auto--Fray Alonso García, a +Franciscan--who had celebrated mass and heard confessions, and whose +sentence was merely abjuration _de levi_ and four years' galley service. +The most complete discretion was exercised and the penalties varied in +the same tribunal according to the circumstances of the case and the +temper of the inquisitors. Thus in Toledo, in 1578, Pero Joan Queito, a +student, who carried forged certificates and had confessed many persons, +absolving them and imposing penance, appeared in an auto, with halter +and candle, abjured _de levi_, and had two hundred lashes and three +years of galleys. In the same year a Frenchman named Pierre Saletas, +accused of having for twenty years heard confessions and celebrated mass +on forged certificates, was tortured without confessing and was banished +the kingdom for four years and forbidden to administer sacraments +without genuine certificates. In 1600, Balthasar Rodríguez, a deacon, +appeared in an auto, abjured _de levi_, was suspended for ten years from +the exercise of his orders, with perpetual disability for promotion, and +had six years of galleys. In the same year the Mercenarian, Fray +Gregorio de Palacios, was spared appearance in an auto, but abjured _de +levi_, had fifty lashes and was recluded for three years in a monastery +of his Order.[733] In 1622, at Valladolid, the Franciscan deacon, Fray +Juan Tapia, for celebrating mass, was merely ordered to keep his convent +as a prison and to present himself when summoned. Somewhat greater +severity was shown to Fray Antonio Frechado, a Trinitarian subdeacon, +who for publicly hearing confessions was required to abjure _de levi_, +was suspended from his functions for two years, during which he was +recluded in his convent, was disabled for promotion and had some +spiritual penance.[734] + +[Sidenote: _PERSONATION OF PRIESTHOOD_] + +It would be useless to multiply examples of this diversified moderation. +I have met with but one case in which the papal prescription of +relaxation was obeyed and this occurred in Mexico, in 1606, when +Fernando Rodríguez de Castro, a mulatto, was relaxed for administering +sacraments without ordination, but this was no precedent for, in the +great auto of 1648, Gaspar de los Reyes was sentenced to two hundred +lashes and the galleys for life and Martin de Villavicencio Salazar to +the same scourging and five years of galleys.[735] + +The systematic writers assure us that the papal decrees were not +received in Spain, and that the punishment varied with the nature of the +case, consisting usually of scourging, unless the offender was a fraile, +the galleys, exile, reclusion, degradation, suspension of functions, +etc., varied at the discretion of the tribunal and that, in cases of +minor culpability, it could be commuted for money. Relaxation was kept +in view only for some error in faith persistently held--a purely +academical supposition, although the culprit was exhaustively examined +as to his belief in the necessity of priestly orders to the validity of +sacraments.[736] That ecclesiastics between themselves in reality +attached but little importance to the offence may be inferred from the +case of the Mercenarian Fray Pedro de la Presentacion, who celebrated +mass when only in subdeacon's orders. The Toledo tribunal condemned him, +June 16, 1662, to three years of galleys. The superior of his Order at +once interceded for him and, in September, the Suprema commuted the +penalty to three years' reclusion in a convent, with three years' +subsequent exile from Daimiel, Toledo and Madrid. When only ten months +of the term had expired the Provincial of Castile applied for the +remission of the remainder, but in vain and, when two years had passed +the effort was renewed.[737] Evidently the good frailes recked little of +the idolatry into which he had plunged all who were present at his +ministration. + +As the eighteenth century advanced a still more lenient view seems to +have obtained. In 1749 the case of Fray Juan de Santa Rosa, a Franciscan +deacon, was an aggravated one, for he had administered the sacraments of +baptism, the Eucharist, penitence and matrimony, but the Toledo tribunal +only declared him "irregular" for promotion, suspended him from the +diaconate for two years and imposed fifteen days of spiritual penance. +No special expectation of amendment earned this benignity, for his +Provincial was instructed to send him to a convent, from which he was +not to go out alone, so as not to expose him to relapse.[738] + +Under the Restoration there was leniency difficult to understand. The +sentence of the Dominican Fray Tomas García by the Cuenca tribunal, +November 14, 1816, for celebrating mass without priests' orders, was +that the commissioner of Villaescusa was to reprimand him in presence of +the superior of his convent, pointing out the severe penalties provided +by the papal decrees and prescribing spiritual penances for a year, +besides informing the prelate that he could not ascend to full orders. +This was confirmed by the Suprema, with the addition that he be +transferred to a house of stricter observance. December 11th of the same +year, Angel Sampayo, a married layman of Campo Ramiro (Lugo) was +convicted of celebrating mass. The Suprema alludes to his _atentato +horrible_, but merely orders him to be reprimanded and sent back to his +home, where the parish priest and his father are to keep watch over +him.[739] + + * * * * * + +In connection with this subject it may be mentioned that the Inquisition +also took cognizance of a class of cases, alluded to above under +Solicitation, in which laymen managed to hear confessions of women, not +with a view to administer the sacrament of penitence, but through +jealousy, or for the opportunity of asking indecent questions, or in the +hope of listening to prurient details. These cases were by no means +infrequent. In 1785, there were three before the tribunal of Valencia; +in 1793, one in Murcia; in 1796, Joseph Herranz was prosecuted in Madrid +for doing this in order to hear his wife's confession. The same year +there was a case in Seville; in 1797, one in Barcelona and, in 1807, +Miguel Domínguez, sacristan of San Miguel de Niebla, pretended to be a +Capuchin with the object to listening to the confession of a woman.[740] +With what severity such cases were treated, I have not been able to +ascertain. + +[Sidenote: _PERSONATION OF OFFICIALS_] + + +PERSONATION OF OFFICIALS. + +In the universal dread inspired by the Holy Office, the temptation was +great to personate its agents, and to extort money as the price of +forbearance, for no one ventured to question the authority or acts of +any stranger who presented himself as an official. + +The opportunities thus afforded were speedily recognized and utilized. +As early as 1487, at Saragossa, a special auto was held, April 1st, at +which appeared a cleric who had pretended to be an inquisitor and as +such had made an arrest. The penalty inflicted is not recorded, but +evidently the opportunity was taken to make an impressive warning[741]. + +The systematic writers assume that in these cases there should be +careful consideration of the injury inflicted, for the pretender may +deserve exemplary punishment. The usual offence is asserting that there +are accusations and that he will save the accused from prosecution; for +this he must refund the money received, appear in an auto and suffer two +hundred lashes and five years of galley service. If the imposture is +assumed only to escape from some trouble and causing no damage, there is +some penalty of fine or exile; if there has been only an assertion of +official position, the penalty is very light and secret.[742] Other +authorities tell us that, if the culprit is of a low class, he has two +hundred lashes and four years of galleys, more or less according to the +gravity of the offence; if he is a noble or rich, he is fined one or two +thousand ducats and serves for two or three years, without pay, as a +gentleman in the galleys, or against the Moors or heretics[743]. +Evidently in an offence which varied so much in motive and result, much +was necessarily left to the discretion of the tribunal and a few cases +will serve to indicate the different methods of operating and the +deterrent penalties inflicted. + +[Sidenote: _PERSONATION OF OFFICIALS_] + +In the Seville auto of September 24, 1559, there were three cases of +personation. Alonso de Hontiveros, for pretending to be a familiar and +endeavoring to make arrests for the purpose of extortion, appeared with +halter and gag and was sent to Xeres his place of residence to receive +a hundred lashes; Juan de Aragon, of Málaga, for the same offence, was +spared the gag, but wore a mitre and had a scourging at Málaga and +another where his offence was committed, besides two years of exile, +while his accomplice, Francisco Prieto, received the same sentence, with +the substitution of vergüenza for scourging[744]. On the other hand, at +Toledo, in 1581, Francisco de la Bastida was visited with the utmost +rigor. He represented himself as an alguazil, carrying a _vara de +justicia_ and using the name of the inquisitor-general. He would summon +the alcades and other officials to render assistance, which was freely +given without question; he would make arrests, carry his prisoners to +some distance, take their money, leave them in charge of some local +familiar and disappear. In this way he moved from Fuente de Enzina to +Almaden and Madrid, and thence to Saragossa where he was arrested. He +confessed freely at once and was condemned to relaxation, by virtue of a +special brief obtained from Gregory XIII, but the Suprema, with doubtful +mercy, commuted this to six hundred lashes--two hundred each in Toledo, +Almaden and Fuente de Enzina--and the galleys irremissibly for +life[745]. Zapata relates what is evidently the exploit which brought to +a close the promising career of this enterprising knave. At Almagro, he +says, the agent of the Fuggers of Augsburg was Juan Xelder, a man highly +esteemed and reputed to be of great wealth. Suddenly a stranger +appeared, with the vara of an alguazil of the Inquisition, who sought +out two familiars and commanded them to assist him in making an arrest. +Proceeding to Xelder's house he made the arrest, locked him up in a room +and consoled the frightened family by assuring them of the customary +mercy of the Inquisition. He then summoned a notary and placed all the +property of the prisoner under sequestration, except two thousand ducats +which he said he had orders to take for the expenses of the trial. The +whole town was thrown into commotion, but no one dared to ask for +papers, or authority, or identification. Xelder was placed in a +carriage, with strict orders that no one should exchange a word with +him; the familiars were required to accompany it to the next halting +place, where they and the carriage were dismissed with handsome +gratuities and the stranger confided Xelder to the care of a familiar of +high standing, with orders to guard him carefully, _incomunicado_, while +he would proceed to Toledo and send instructions. Ten days passed when +the familiar, growing tired of the expense, made inquiries and +ascertaining the facts released the prisoner. Meanwhile the impostor, +fearing to carry the gold, deposited it with a banker and took a bill of +exchange on Saragossa, so that he was readily tracked and arrested when +he presented the bill for payment. The secular court claimed him, but +the Inquisition asserted its jurisdiction--fortunately, Zapata says, for +the culprit, for the offence was capital and he escaped with scourging +and the galleys[746]. + +Another method of speculation on the fears and hopes of the defenceless +appears in the case of Gerónimo Roche, son of the secretary of the +University of Lérida. He pretended to be an official, to have much +influence with the tribunal, and to hold faculties to remit four +sanbenitos and to appoint four familiars. He approached a Morisca who, +with her three daughters, had been reconciled, and offered to relieve +her of her sanbenito for two hundred ducats, and those of her three +daughters if one of them would abandon herself to him. He was forbidden +the house but he persisted in writing letters of mingled threats and +love. For this he appeared in the Saragossa auto of June 6, 1585, where +he was sentenced to vergüenza and eight years in the galleys, being +spared the scourging in consideration of his father[747]. + +There appears to have been a very lenient view taken, in 1582, by the +Toledo tribunal, of the case of Pedro Moreno, a sacristan, who pretended +to be a familiar and as such visited the hospital and asked the inmates +whether they had confessed, when he arrested and carried off those who +had not. It was in evidence also that, on seeing two men quarrelling in +a church, he arrested one in the name of the Inquisition. There does not +seem to have been a pecuniary motive in these eccentricities, and he +escaped with a reprimand and banishment for a year[748]. Another motive, +which was regarded with a lenient eye, was assuming official position in +order to enjoy the exemptions and privileges of the Inquisition. Thus +when Jayme Corvellana of Barcelona in this manner bluffed off the +officers of justice who came to his house to seize some salt, Inquisitor +Padilla imposed on him a fine of fifty ducats and some spiritual +penance, and was rebuked by the Suprema for inflicting so heavy a +penalty for so trifling a cause--"en causas tan livianas."[749] + +Personation was by no means uncommon, but I am convinced that Llorente +is mistaken when he says that there rarely was an auto in which some one +was not punished for this offence. In the Toledo record from 1575 to +1610, the number of cases is only thirteen and, in the same tribunal, +from 1648 to 1794, they amount only to four.[750] + +The principal interest in these cases is the evidence which they afford +of the terror inspired by the Inquisition, the very name of which seemed +to paralyze, so that no one, whether magistrate or individual, dared to +question the authority of any impostor who assumed to represent it, and +this same terror doubtless is the reason why this apparently facile +method of trading on popular fear was not more frequently exploited. It +required more than common nerve to incur the risk of inquisitorial +vengeance. + +Somewhat akin to this was the levying of blackmail by threats of +denunciation. No doubt there was a good deal of this, in which the +victims prudently suffered in silence, rather than to draw upon +themselves the attention of the dreaded tribunal. It was a matter of +which the Inquisition took cognizance, but the only case which I have +happened to meet is that of Pedro Jacome Pramoseltes, who was sentenced +by the Toledo tribunal, in 1666, to three years of galley-service for +astrology and had his term extended to five for attempts at extortion in +this manner.[751] + + +DEMONIACAL POSSESSION. + +[Sidenote: _DEMONIACAL POSSESSION_] + +That evil spirits can take possession of a human being, deprive him of +his free-will and subject him to extreme bodily and mental suffering, is +a belief handed down from ancient times and still largely held as a +matter of faith. That relief can be had by the ministrations of an +exorcist, duly authorized by admission into one of the lower orders of +the priesthood, is a corresponding belief, and formulas without number +have been prepared to enable him to exercise his power over the demon. +There is no heresy involved in either the possession or the exorcism +and, under normal conditions, there was no call for interference by the +Inquisition, but when, for any reason, such interference was desired, +there was little trouble in finding pretext for its jurisdiction. We +have seen (Vol. II, p. 135) the active measures taken, in 1628, with the +nuns of San Placido, whose demoniacally inspired revelations were +somewhat revolutionary. Greater self-denial was exhibited by the +Valladolid tribunal in a contemporaneous case, when a Jesuit confessor +reported to it that Doña Felippa and Doña Aña de Mercado, Bernardino +nuns in Santo Espíritu of Olmeda, made gestures and other irreverent +acts in confession and communion, which caused scandal, and he thought +proceeded from demoniacal possession. The tribunal felt doubts as to its +jurisdiction and consulted the Suprema, which submitted the matter to a +calificador of high attainments. Prolonged investigations were made, +other nuns were examined, and it was in evidence that the two inculpated +were women of exceptional virtue and piety who had prayed to God to test +them with afflictions. The case dragged on for more than ten years, +resulting in the conviction that it was undoubtedly one of possession, +for which the nuns were free from blame, and finally, April 16, 1630, +the Suprema ordered its suspension[752]. Wherever there was the faintest +suspicion of heresy, the Inquisition could assert jurisdiction. + +This involved the question of the responsibility of the demoniac for his +utterances, which was somewhat intricate. In the case of one under trial +by the Granada tribunal, in 1650, the learned Jesuit, Padre Diego Tello, +who was called in as a calificador, reported, with an immense array of +authorities, and after three visits to the accused in the secret prison, +that there could be no doubt as to the possession, for he was able to +discuss points of theology and other matters far beyond his capacity; he +could also speak Latin intelligibly and he quoted Scripture while, as he +uttered many heresies, it was evident that the spirit was evil. At the +same time he was rational on so many points that he could not be +regarded as irresponsible for his heresies. Luther and Zwingli, he +added, were notoriously possessed by demons, but they were none the less +held responsible for their teachings and it was the uniform practice of +the Inquisition so to decide in these cases.[753] + +In the hysterical epidemics which form so notable a feature of +possession, the Inquisition was apt to be called in and was ready to +act, although it would be difficult to determine on what grounds. In +1638 there was such an epidemic in one of the Pyrenean valleys and, on +September 24th, Jacinto de Robles, secretary of the Governor of Aragon, +reported to the Saragossa tribunal that, on a recent visit to Jaca, he +had found, in the Valle de Tena, that there were about sixty +_endemoniadas_ and that the malady was spreading. It was attributed to +Pedro de Arrecibo and his friend Miguel Guillen, who had been seized by +the secular authorities; Guillen had been executed, while Arrecibo's +trial was nearly concluded. He had confessed that a Frenchman had given +him a paper and some conjurations through which to win women, but it +only rendered them possessed--a statement evidently fabricated to +satisfy his torturers. It was the demons who had accused these two men, +adding that their death would not stay the infection, for there were +other accomplices. The women affected were of the best families, their +ages ranging from 7 to 18--some were pregnant and others were suckling +their infants, for demons were able to produce these results in the +virtuous. The Bishop of Jaca and some Jesuits were exhausting their +exorcisms, and an inquisitor was badly needed. What function was +expected of an inquisitor is not stated, but the Suprema was consulted +and, after some delay it appealed to the king. It was ready to send an +inquisitor and four frailes, but it had no funds for the expenses of the +latter, which would have to be defrayed from some other source. The king +gave orders accordingly, but they were not obeyed, and the last we hear +of the matter is another consulta of March 28, 1640, in which he was +urged to speedy action in view of the great importance of the +affair.[754] + +[Sidenote: _DEMONIACAL POSSESSION_] + +The intervention of the Inquisition might well be welcomed if it was +always as rational and as effective as in an epidemic of the kind which +troubled Querétaro (Mexico) in 1691. Two young girls who had suffered +themselves to be seduced pretended to be possessed. The Franciscans and +_Padres Apostólicos_ took them in hand, exorcising them at night in the +churches with the most impressive ceremonies, which spread the +contagion, until there were fourteen patients, and the community was +thoroughly excited. It would doubtless have extended much further, but +fortunately the Dominicans, the Jesuits and the Carmelites, jealous of +the rival Orders, pronounced the whole to be an imposture. The two +factions denounced each other from the pulpits, the people took sides, +and passions grew so hot that severe disturbances were impending. Both +factions appealed to the Inquisition, which submitted the matter to +calificadores. These decided that the demoniacal possession was +fraudulent, and that the blasphemies and sacrilegious acts of the +energumens and the violent sermons of the frailes were justiciable by +the Inquisition. With great good sense the tribunal issued a decree, +January 9, 1692, ordering the cessation of all exorcism and of all +discussion, whether in the pulpit or in private. The excitement +forthwith died away and the energumens, left to themselves, for the most +part recovered their senses. Prosecutions were commenced against four of +them and against the Franciscan Fray Mateo de Bonilla, which seem to +have been suspended after a few years. One of the girls, however, who +had caught the infection, had her nervous system too profoundly +impressed for recovery; she continued under the inspection of the +Inquisition, gradually sinking into a condition of confirmed +hypochondria, until we lose sight of her in 1704.[755] + +Cases of imposture were not infrequent. Whether this in itself rendered +the impostor liable to prosecution by the Inquisition may be doubted +but, in the deception, she was very apt to commit acts or to utter +blasphemies which brought her under its jurisdiction. Thus, in 1796, we +find the Valencia tribunal prosecuting Benita Gargori, a pretended +demoniac, and Francisca Signes, an accomplice, for irreligious actions +and utterances.[756] + +The exorciser also occasionally laid himself open to inquisitorial +animadversion. Thus, in 1749, Fray Jaime Sans, a lay-brother of the +Order of San Francisco de Assis, used to visit the sick and pronounce +them to be possessed, when he would make the sign of the cross and +sprinkle them with holy water. He was denounced to the Barcelona +tribunal, which warned him to desist, for he had no power to exorcise, +and threatened to proceed against him, whereupon he promised to +obey[757]. Exorcists also sometimes abused their opportunities by +committing indecencies upon their patients. I have not met with such +cases in the Spanish Inquisition, but in this it would doubtless follow +the example of the Roman Congregation, which, in 1639, ordered the +prosecution of a most flagrant one, reported by the Inquisitor of +Bergamo[758]. + +Considered as a whole, the influence of the Inquisition must have been +decidedly beneficial in restraining the development of this disease, for +experienced inquisitors recognized that the methods usually adopted only +aggravated it. Cardinal Scaglia ([dagger symbol] 1639), in treating of these +epidemics among nuns, remarks that the superiors, not content with +exorcisms, commence prosecutions, examine witnesses and interrogate the +pretended criminals suggestively and absurdly and threaten them with +torture, thus extracting whatever confessions they desire and creating +still greater disturbance in the convent and the city[759]. + + +INSULTS TO IMAGES. + +Allusion has already been made to the invasion of episcopal jurisdiction +by the assumption of the Inquisition that outrages or insults offered to +sacred images fell under its cognizance. For this there was more +justification than for some other inferential heresies, for wilful +irreverence to the objects of universal cult was reasonably regarded as +causing suspicion of erroneous belief, and during the period of active +persecution of crypto-Judaism and of Protestantism such offences were +readily ascribable to heretical fanaticism. + +[Sidenote: _INSULTS TO IMAGES_] + +In one instance, at least, the secular magistrates exercised +jurisdiction. In December, 1643, Madrid was much excited by a robbery +committed on a miracle-working image of Nuestra Señora de la Gracia, +when all its jewels, ornaments and vestments were taken, and worst of +all, the image was left lying face downwards on the ground. Great +efforts were made to detect the perpetrators of the sacrilege, and it +was accounted miraculous when they were identified while investigating +another robbery. They must have been tried by the criminal judges, for +no mention is made of the Inquisition and all three were hanged in +March, 1644, in presence of an immense crowd[760]. + +This was exceptional, and the jurisdiction of the Inquisition was +generally admitted. We are told, by a writer of the period, that, when +images of the saints are outraged by word or act, if the accused belongs +to a nation infected with iconoclastic heresy, and the evidence is +sufficient and he denies intention, he must be tortured. Overcoming the +torture, without having sufficiently purged the evidence, he can be +sentenced to an extraordinary penalty and to abjuration, either _de +levi_ or _de vehementi_: if he confesses both fact and intention and +begs for mercy, he is to be reconciled, but if pertinacious he must be +relaxed[761]. This however applies to cases of absolute heretics, in +which the sacrilege was apt to be merely an aggravating incident, while +the great majority of cases consisted of more or less reckless +Catholics, whose punishment varied with the circumstances and was rarely +vindictive. In the Toledo tribunal, from 1575 to 1610, there were but +four cases, which illustrate the general principles of treatment and the +extreme susceptibility felt with regard to any irreverence towards +sacred objects. The first of these occurs in 1579, when Francisco del +Espinar, a boy of 13, was tried for pulling up a way-side cross, playing +with it until he broke it and cast the fragments into a vineyard, and +then alleging that it was no sin because the cross was not a blessed +one. He confessed freely and pleaded that it was not through +irreverence, because he was drunk, but he was punished with sixty lashes +and two years of exile. The second was in 1595, when Fernando Rodríguez +was accused by three witnesses of throwing a stick at a paper image of +the Virgin on an altar, tearing it and uttering a filthy jest, but he +proved an alibi and the case was suspended. The next was in 1600, when +Anton Ruiznieto was punished with abjuration de levi and three years' +exile, for maltreating a crucifix and using offensive words to it. The +fourth, in 1606, illustrates the circumspection requisite to avoid even +the appearance of irreverence, and the danger of denunciation which +constantly impended over every one. Isabel de Espinosa was denounced by +three witnesses because she had placed on a close-stool, which she kept +in her living-room, a painted board on which were representations of +Christ and some saints. A neighbor removed it and she replaced it, when +the neighbor spoke to her and she changed its place. She was brought +from Ocaña to Toledo and a house was assigned to her as a prison. In +defence she explained that her mother-in-law had left her some old +furniture, which her husband had just brought to the house; among it was +this board, black and indistinguishable with age and, without +examination, she had put it on the objectionable article, but when this +was pointed out to her she had removed it. As she was a simple woman and +there was no apparent malice, the case was suspended[762]. + +In contrast with the severity of the secular courts, as manifested by +the Madrid case of 1644 above referred to, and the French case of the +Chevalier de La Barre, the Inquisition was singularly merciful. In 1661, +Francisco de Abiles, chief auditor of the Priors of St. John, for +insults to an image of Christ, was only exiled for two years by the +Toledo tribunal, which likewise, in 1689 merely exiled for one year Juan +Martin Salvador for stabbing a cross[763]. Perhaps the instance of +greatest rigor that I have met was that visited, in 1720, by the Madrid +tribunal on a youth named Joseph de la Sarria. While confined in the +royal prison he became enraged in gambling and, in his wrath, he threw +in the dirt a picture of the Virgin and tore up another, for which he +was sentenced to two hundred lashes, five years in the galleys and eight +years of exile from Madrid and his native province of Galicia[764]. + +[Sidenote: _UNCANONIZED SAINTS_] + +During the active period of the Inquisition, cases of this offence are +singularly few. In all the sixty-four autos held in Spain, from 1721 to +1727, there is not a single specific instance serious enough to require +appearance in an auto, indicating how universal and deep-seated was the +popular reverence for sacred symbols. It is therefore significant of the +spiritual and intellectual unrest characterizing the close of the +century, that outrages on images became comparatively frequent. In the +decade, 1780-1789 inclusive, there were sixteen cases; in that of +1790-1799, thirty-three and, from 1800 to 1810, nineteen, some of them, +such as trampling on the cross, indicative of iconoclastic zeal. Under +the Restoration, there are but three cases on record.[765] + +During this period the spirit of revolt manifested itself in other +kindred ways. In 1797, 1798, 1799, 1800 and 1802 there were trials for +throwing down and trampling on consecrated wafers. In 1797, in Valencia, +Bernardo Amengayl, Ignacio Sánchez, Miguel Escribá and Valentin Duza +were prosecuted for exhibitions burlesquing the saints and sacred +objects. In 1799, at Seville, Manuel Mirasol was tried for a +sacrilegious assault on a priest carrying the sacrament to a sick man. +In 1807, Dr. Vicente Peña, priest of Cifuentes was prosecuted in Cuenca +for celebrating a burlesque mass and Don Eusebio de la Mota for +assisting him.[766] These were surface indications of the hidden +currents which were bearing Spain to new destinies, and it is worthy of +note that they almost ceased during the brief years of the Inquisition +under the Restoration. + + * * * * * + +Akin to the function of preserving images from insult, was the reverent +care with which the Inquisition sought to protect the cross from +accidental pollution. A carta acordada of September 20, 1629, instructs +the tribunals to suppress the custom of painting or placing crosses in +recesses of streets or where two walls form an angle, or other unclean +places, where they are exposed to filth, while all existing ones are to +be removed or erased under discretional penalties. Another carta of +April 19, 1689, recites that not only has this not been done, but that +the custom of placing crosses in these objectionable places is +extending, wherefore the previous orders are reissued, with notice that +six days after publication will be allowed, subsequently to which the +penalties will be enforced.[767] + + +UNCANONIZED SAINTS. + +In the exuberant cult offered to saints, there must be some central and +absolute authority to determine claims to sainthood and to preserve the +faithful from the superstition of wasting devotion on those who have no +power of suffrage. St. Ulric of Augsburg is said to be the first saint +whose sanctity was deliberately passed upon by Rome, in 993, and +Alexander III, in 1181 definitely forbade the adoration of those who had +not been canonized by the Holy See.[768] The assumption of such +authority was essential, for the cult of a local saint was profitable to +a shrine fortunate enough to possess his remains, and popular enthusiasm +was ready at any moment to ascribe sainthood to any devotee who had +earned the reputation of especial holiness. + +How difficult it was for even the Inquisition to crush this eagerness +for new intercessors between God and man, is seen in the disturbances +which troubled Valencia for seven years, between 1612 and 1619. After +the death of Mosen Francisco Simon, a priest of holy life, there +developed a fixed belief that he was a saint in heaven. Chapels and +altars were dedicated to him, books were printed filled with the +miracles wrought by his intercession, his images were adorned with the +nimbus of sanctity, processions and illuminations were organized in his +honor, and the question of his right to a place in the calendar became a +political as well as a religious one. It was in vain that the Holy See +asserted its unquestioned right of decision and ordered the Inquisition +to suppress the superstition. Popular excitement reached such height +that an attempt was made to murder in the pulpit a secretary of the +tribunal, when he endeavored to read the edict; a priest named Ozar was +slain for opposing the popular frenzy, and Archbishop Aliaga, for six +years after his election in 1612, was unable to perform the visitation +of his see, because he would everywhere have met with the unauthorized +cult which he could not sanction by partaking. The Suprema did its best +by continual consultas to Philip III, asking the aid of the secular arm +in suppressing this schismatic devotion, and enable it to publish its +condemnatory edicts. Its efforts were neutralized by the Council of +Aragon, backed by the all-powerful favorite Lerma, whose marquisate of +Denia led him to favor the Valencians. It was doubtless his disgrace, in +1618, which enabled the Suprema to attain its purpose, when an energetic +consulta of January 10, 1619, was returned with a decree in the royal +autograph to the effect that, if certain five points that had been +agreed upon were not executed within a month, the tribunal could be +ordered to publish the edicts without further delay.[769] + +[Sidenote: _UNCANONIZED SAINTS_] + +In this case the Inquisition acted under special papal commands, but the +growing abuse of the unauthorized cult of supposititious saints led +Urban VIII, in 1634, to issue a general decree empowering bishops and +inquisitors to repress, with penalties proportioned to the offence, all +worship of saints and martyrs not pronounced as such by the Holy See, or +relating their miracles in books, or representing them with the +nimbus.[770] Under this the Index of Sotomayor, in 1640, and the +subsequent ones, ordered the suppression of all images or portraits +adorned with the insignia of sanctity, unless the persons represented +had been duly beatified or canonized by Rome.[771] + +Yet they did not condemn a work issued, in 1636, by a pious priest of +Salamanca and Toledo, Francisco Miranda y Paz, urging the cult as a +saint of Adam, the father of the human race, and audaciously asking +whether this could not be done without the licence of the Roman +pontiff.[772] In fact, what the Inquisition did in discharge of this +duty is less significant than what it left undone. We have seen (Vol. I, +p. 134) that the assumed martyrdom of _El Santo Niño de la Guardia_ was +followed by a popular cult of the unknown victim. That cult proved +exceedingly lucrative to those who exploited it and has continued to the +present day, although Rome could never be induced to sanction it, yet +the Inquisition prudently forbore to interfere with it in any way.[773] +Similar abstention was observed in the celebrated case of the forgeries +known as the _Plomos del Sacromonte_--inscribed leaden plates, +accompanied by bones assumed to be those of the earliest Christian +martyrs, exhumed in 1595, on a mountain near Granada. The forgeries were +clumsy enough, but they favored the two points dearest to the Spanish +heart--the Immaculate Conception of the Virgin and the Spanish +apostolate of St. James. They were welcomed with the intensest fervor, a +house of secular canons was erected on the spot, which grew wealthy +through the offerings of pilgrims, and innumerable miracles attested the +sanctity of the relics. Rome refused to admit the authenticity of the +_plomos_ without examining them; after a long struggle they were sent +there in 1641, and after another protracted contest they were condemned +as fabrications, May 6, 1682, by Innocent XI in a special brief. The +bones of the so-called martyrs were not specifically condemned as +spurious, but they were not accepted as genuine, yet the Index of Vidal +Marin, while printing the condemnation of the plomos and of the books +written in their defence, was careful to assert that the prohibition did +not include the relics or the veneration paid to them; the Sacromonte is +still a place of pilgrimage and, in the Plaza del Triunfo of Granada, +there stands a pillar bearing the names and martyrdoms of the saints as +recorded in the plomos.[774] Yet, so long as the claims of the martyrs +were not allowed by Rome and the only evidence in their favor was +condemned as fabricated, this was superstition, and its suppression was +the duty of the Inquisition. + +While it was empowered to do this by the decree of Urban VIII, it is not +easy to see whence Inquisitor-general Arce y Reynoso obtained faculties +to authorize the cult of supposititious saints not accepted by the Holy +See. The success of the plomos led a learned Jesuit, Roman de la +Higuera, and his imitators, to fabricate chronicles of early Christian +times, principally designed to stimulate Mariolatry and belief in the +Christianization of Spain by St. James. They were long accepted as +genuine and, in 1650, Arce y Reynoso ordered the fictitious saints and +martyrs who figure in them to be included in litanies as objects of +veneration and worship.[775] + +Still, the Inquisition asserted to the last its authority under the +decree of Urban VIII. So recently as 1818, when Josef de Herrera, an +apothecary of Xeres de la Frontera, desired to establish the cult of an +engraving of the Trinity, copied from a picture venerated in the +cathedral of Mexico, the tribunal of Seville prohibited the +effort.[776] + +[Sidenote: _THE IMMACULATE CONCEPTION_] + + +THE IMMACULATE CONCEPTION. + +The dogma of the Immaculate Conception of the Virgin had a struggle for +recognition through six centuries, before it was defined as an article +of faith by Pius IX in 1854.[777] In Spain, where popular devotion to +the Virgin was especially ardent, it had, in the seventeenth century, +become almost universally accepted, except by the Dominicans, whose +reverence for their great doctor, St. Thomas Aquinas, bound them to +follow him in its denial. In this they had long been fighting a losing +battle with their great rivals, the Franciscans, and of late with their +still more bitter foes, the Jesuits. Successive popes--Sixtus IV, Paul +IV, Paul V and Gregory XV--in vain sought to suppress the disputatious +scandals by forbidding public discussion of the subject under severe +penalties, and the two latter extended these penalties to those who +should publicly assert the Virgin to have been conceived in original +sin--but still the Holy See cautiously abstained from declaring the +conception to have been immaculate. The enforcement of these penalties +was confided to all bishops and inquisitors. + +From 1617 to 1656, Philip III and Philip IV made the Immaculate +Conception a matter of state policy, by long and earnest efforts with +the papacy to decide it affirmatively, and negotiations for combined +action were carried on with France, but the Gallican court responded +only with pious phrases.[778] That in this the crown was but voicing the +wishes of the people was manifested when, in 1636, a man who ventured, +in Madrid, to assert that the Virgin was conceived in original sin, was +promptly cut down by some passing soldiers, was arrested by the +Inquisition, and as soon as his wounds were healed, was thrown into the +secret prison for due prosecution under the papal decrees.[779] + +The Dominicans and their followers found it hard to observe the discreet +silence prescribed by the popes and, in 1661, the Spanish bishops united +in earnest request to Alexander VII, representing that persons were +still found who publicly denied the Immaculate Conception. Philip IV +sent the Bishop of Plasencia to Rome, as a special envoy, to convey this +memorial, resulting in the brief _Sollicitudo_, of December 8, 1661, in +which Alexander expressly abstained from defining it as a dogma, but +forbade the teaching of the opposite, as well as stigmatizing the +opposite as heresy, thus continuing the non-committal policy of his +predecessors, to prevent discussions and quarrels without deciding the +question. To this end he empowered all prelates and inquisitors to +prosecute and punish transgressors severely, no matter what exemptions +they might claim, and including even Jesuits. He also placed on the +Index all books impugning the Immaculate Conception and likewise those +which should tax unbelievers with heresy.[780] + +This brief was received with great rejoicings by the upholders of the +doctrine, who regarded it as a triumph. In Valencia it was made the +occasion of a splendid festival, in which pasquinades on the opponents +were plentiful. One, which was greatly applauded, represented a +Dominican stretched on a sick-bed and watched by a Jesuit. A Franciscan +opening the door enquires "How is the good brother?" to which the Jesuit +replies "He is speechless, but he still lives." It was doubtless to the +temper thus evinced that we may attribute the suppression by the Suprema +of the city's official report of the celebration, the prohibition of one +paper and the correction of another.[781] + +[Sidenote: _UNNATURAL CRIME_] + +The brief was promptly transmitted to the tribunals by the Suprema, with +orders for its enforcement which show how delicately such explosive +material had to be handled. They were cautioned that, when they or their +commissioners were present at sermons preached by Dominicans, they must +be careful that any action taken was such as not to create scandal. They +were not trusted with prosecuting transgressors, but were ordered, +beforehand, to transmit to the Suprema the sumarias with the opinions of +the calificadores, and to await instructions. Apparently the customary +jealousy arose between the episcopal and inquisitorial jurisdictions, +for a carta acordada of 1667 calls for information as to whether the +Ordinaries concurred in hearing cases, or whether they were treated as +belonging exclusively to the Inquisition.[782] + +It was impossible to make the angry disputants keep the peace, and the +Suprema was busy in condemning and suppressing writings on both sides. +In 1663 we find it ordering the seizure at the ports of two books +printed in Italy. An edict of January 4, 1664, suppressed fifteen books +and tracts, issued in 1662 and 1663, as indecent and irreverent to the +Holy See, the Religion of St. Dominic and the Angelic Doctor Aquinas. +Another decree, of December 7, 1671, suppressed two books indecently +attacking the Dominicans and another of prayers and exercises for the +devotion of the Immaculate Conception by the Franciscan Provincial +Bonaqua. Books of devotion thus assumed a controversial character, and +we can safely assume this to be the cause of an order, in 1679, to seize +at Alicante and transmit to the Suprema a box of Dominican +breviaries.[783] + +I have chanced to meet with but few cases of prosecutions for impugning +the Immaculate Conception, but they occurred occasionally. Thus, in +1782, Don Antonio Fornes, a pilot's mate of a naval vessel, was tried in +Seville for obstinately denying it and, in 1785, Don Isidro Moreno, a +physician, and his son Joaquin, were brought before the Saragossa +tribunal for the same offence.[784] + + +UNNATURAL CRIME. + +Inherited from classical antiquity, unnatural crime was persistent +throughout the Middle Ages, in spite of the combined efforts of Church +and State. It is true that, with the leniency shown to clerical +offenders, the Council of Lateran, in 1179, prescribed for them only +degradation or penitential confinement in a monastery, which was carried +into the canon law, but secular legislation was more severe and the +usual penalty was burning alive.[785] In Spain, in the thirteenth +century, the punishment prescribed was castration and lapidation, but, +in 1497, Ferdinand and Isabella decreed burning alive and confiscation, +irrespective of the station of the culprit. The crime was _mixti +fori_--the law treated it as subject to the secular courts, but it was +also ecclesiastical and, in 1451, Nicholas V empowered the Inquisition +to deal with it.[786] When the institution was founded in Spain it seems +to have assumed cognizance, for we are told that, in 1506, the Seville +tribunal made it the subject of a special inquest; there were many +arrests and many fugitives, and twelve convicts were duly burnt.[787] +Possibly this may have called attention to the incongruity of diverting +the Inquisition from its legitimate duties with the New Christians, for +a decree of the Suprema, October 18, 1509, assumes that this had already +been recognized, and it informs the tribunals that they are not to deal +with the crime, as it was not within their jurisdiction.[788] This +apparently settled the matter as far as the Castilian kingdoms were +concerned. + +[Sidenote: _UNNATURAL CRIME_] + +In Aragon it does not appear that the early Inquisition took cognizance +of the matter, as is shown by the curious connection of the crime with +the rising of the Germanía. In 1519, the city of Valencia was suffering +from a pestilence which had driven away most of the nobles and higher +officials when, on St. Magdalen's day (June 14th), Fray Luis Castelloli +preached an eloquent sermon in which he attributed the pest to the wrath +of God excited by the prevalence of the offence. The populace were +excited and hunted up four culprits, who confessed and were duly burnt +by the justiciary, Hieronimo Farragud, on July 29th. There was a fifth, +a baker who wore the tonsure and was delivered to the episcopal court, +which sentenced him to vergüenza. This dissatisfied the people who tore +him from the spiritual authorities, garroted and burnt him. The governor +was summoned, and the leaders of the mob feared punishment. There had +been a scare concerning a rumored attack by the Moors, which had led +the trades to form military companies; these were further organized, +elected a chief and swore confraternity, when, recognizing their +strength, they utilized the opportunity of gratifying their hatred of +the nobles and the rebellion broke out.[789] + +In all this the Inquisition was evidently not thought of as having +jurisdiction, but possibly it may have drawn attention to the crime and +led to an application to Clement VII for a special brief placing it +under inquisitorial jurisdiction. Bleda, however, tells us that, when +the Duke of Sessa, ambassador at Rome, made request for such a brief, he +gave as a reason that it had been introduced into Spain by the +Moors.[790] Be this as it may, the brief of Clement, February 24, 1524, +recites that Sessa had represented the increasing prevalence of the +crime and had asked for an appropriate remedy, which the pope proceeded +to grant. The form in which it is drawn shows that the matter was +regarded as wholly foreign to the regular duties of the Holy Office, for +it is addressed, not to the inquisitor-general as usual, but to the +individual inquisitors of Aragon, Catalonia and Valencia, and it +authorizes them to sub-delegate their powers to whom they please. They +are empowered to proceed against all persons, lay or clerical, of +whatever rank, either by accusation, denunciation, inquisition, or of +their own motion, and to compel the testimony of unwilling witnesses. +That the offence was not ecclesiastical or heretical was admitted by the +limitation that the trial was to be conducted in accordance with local +municipal law, but yet, with singular inconsistency, the episcopal +Ordinary was to be called in when rendering sentence.[791] The Barcelona +tribunal seems to have questioned, in 1537, whether the brief continued +in force, for the Suprema wrote to it July 11th, that there had not been +time to decide this positively, but that it might continue to act.[792] +Whatever doubts existed were settled in favor of the Inquisition, and +the Aragonese tribunals enjoyed the jurisdiction to the end. The +Archbishop of Saragossa had complained of being thus deprived of +cognizance of these cases, and it was restored to him by a brief of +January 16, 1525, but, at the request of Charles V, Pope Clement, July +15, 1530, evoked all pending cases to himself and committed them to the +inquisitors, with full power to decide them, in conjunction with the +Ordinary.[793] + +Castile was never included within the special grant. In answer to some +inquiring tribunal, the Suprema replied, November 6, 1534, that the +matter did not pertain to the Inquisition, nor was it deemed advisable +to procure a brief conferring such power. This was adhered to. In 1575, +the Logroño tribunal was informed that it could not prosecute such cases +as it had no faculty and, about 1580, the tribunal of Peru was told not +to meddle with it in any way, except in cases of solicitation.[794] The +Consulta Magna of 1696 states that Philip II, towards the close of his +reign, applied to Clement VIII for a brief conferring the power on the +Castilian Inquisition, but the pope declined for the reason that the +whole attention of the inquisitors should be concentrated on matters of +faith.[795] + +Majorca, although belonging to the crown of Aragon, was not specifically +included in the brief of Clement VII, and never assumed the power. When, +in 1644, the commissioner in Iviza reported to Inquisitor Francisco +Gregorio about Jaime Gallestria, a cleric denounced for this offence, +Gregorio replied that he had no jurisdiction; still the tribunal was +accustomed to arrest offenders and hand them over for trial to the +secular judges, so he sent a warrant for the arrest of Gallestria, even +though he had taken asylum in a church.[796] It is symptomatic that +arrest by the Inquisition, for a crime over which it had no +jurisdiction, was considered a matter of course. + +[Sidenote: _UNNATURAL CRIME_] + +Sicily also belonged to Aragon, but was not included. In 1569 Philip II +ordered the death-penalty to be rigidly enforced, without exceptions, +and that the informer should receive twenty ounces from the estate of +the convict, but this was slackly obeyed by the secular courts and, in +the Concordia of 1597, he reserved the crime exclusively to the +Inquisition, with the understanding that a papal brief should be applied +for, relieving inquisitors from irregularity for relaxing culprits. +Application was accordingly made to Clement VIII, but, after Philip's +death, the Viceroy Duke of Maqueda and the ambassador, the Duke of +Sessa, at the instance of influential Sicilians, urged Clement to +refuse, which he not only did but forbade the Inquisition to take +cognizance of such cases. The tribunal complained that this deprived it +of its jurisdiction over its own officials, to which the reply was that +it was not the pope's intention to exonerate them from it. The tribunal +therefore continued to punish its own guilty ministers, and the number +of cases cited would seem to indicate that the crime was by no means +uncommon. The punishments inflicted were comparatively moderate--occasionally +imprisonment for life or banishment, perpetual or temporary, from the +place of offending, or deprivation of office with heavy fines.[797] + +Dr. Martin Real, who tells us this, writing in 1638, further informs us +that, throughout Italy, the crime was everywhere treated with a leniency +wholly inadequate to its atrocity. The Roman Inquisition, moreover, took +no cognizance of it. When, in 1644, some Conventual Franciscans rendered +themselves conspicuous by sounding the praises of the practice, the +Congregation contented itself with ordering their superiors to proceed +against them with severity.[798] + +In Portugal, João III had no sooner got his Inquisition into working +order than he was seized with the desire to obtain for it jurisdiction +over the _pecado maao_. This he pursued with characteristic obstinacy, +while the papacy manifested its customary repugnance. It was not until +after his death that Pius IV, in a brief of February 20, 1562, committed +the decision to the conscience of Cardinal Henrique, confirming in +advance what he might do--but trials were to be conducted according to +municipal law. Henrique had no scruples, but, in 1574, he applied to +Gregory XIII for confirmation and for using the process for heresy in +these cases, when again the pope committed to him the decision and +ratified it in advance.[799] In 1640, the Regulations prescribe that the +offence is to be tried like heresy, and the punishment is to be either +relaxation or scourging and the galleys. In a case occurring in the +Lisbon auto of 1723, the sentence was scourging and ten years of +galley-service.[800] + + * * * * * + +In their general hostility to the Inquisition, the Aragonese kingdoms +objected to this extension of its jurisdiction. There were complaints by +the Córtes and, in the various Concordias and settlements, there were +concessions secured which gave to the secular judges some participation +in the trials. Into the details of these more or less temporary +arrangements it is scarce worth while to enter, except to mention that, +in the struggle which resulted in the Concordia of 1646, Aragon gained +the point that the crime was recognized as _mixti fori_, to be tried by +either the secular court or the Inquisition, according to priority in +commencing action, and that familiars were included in this.[801] + +The current practice may be gathered from the answers of Valencia and +Saragossa, in response to inquiries by the Suprema, in 1573. In Valencia +arrest was accompanied by sequestration, but not in Aragon, where the +crime did not entail confiscation. In Aragon, when a new inquisitor was +inducted, the papal briefs were presented to him and he accepted them, +and all sentences commenced by qualifying the inquisitors as _juezes +comisarios apostolicos para conocer en el crimen de sodomia_, showing +that this was a special jurisdiction. The routine of procedure in the +two tribunals did not vary much; the process was somewhat simpler than +in heresy trials, the accused was allowed ample means of defence in +counsel, advocates and procurators, witnesses' names were not +suppressed, except in Valencia when the accused was of high rank, in +which case the Suprema was consulted. After the publication of evidence, +the procurator had the right to examine the witnesses. The Concordia of +1568 had provided that convicts should not appear in autos, but in +Aragon this was left to the discretion of the tribunal, which generally +exhibited them there.[802] + +[Sidenote: _UNNATURAL CRIME_] + +These reports make no allusion to the concurrence of secular judges, but +the practice may be gathered from a letter of Philip II, March 17, 1575, +to the Captain-general of Catalonia, where it appears that, when a +convict was relaxed, the royal court demanded to see the papers of the +case before pronouncing sentence. This the king pronounced to be wholly +wrong and ordered the custom of Valencia and Aragon to be +followed--that, when a case was ready for decision, the inquisitors +notified the captain-general, who delegated judges to take part in the +consulta, after which the sentence was to be executed without further +examination.[803] + +Torture was freely employed, even on the testimony of a single +accomplice. This raised a question in Aragon, where the use of torture +was forbidden, as the trials were to be conducted in accordance with +municipal law, but the Inquisition replied that the brief of Clement VII +had been applied for at the request of the secular judges, who had found +themselves unable to convict for lack of torture, and desired, for that +reason, the Inquisition to have jurisdiction--the truth of which +assertion may well be doubted. In 1636 there was raised a question as to +torturing witnesses who revoked, but it was decided in the +negative.[804] + +Punishment varied with time and place. In Aragon, spontaneous confession +was encouraged by simply reprimanding the culprit, warning him and +ordering him to confess sacramentally, and this was confirmed by the +Suprema, in a decree of August 6, 1600. In Valencia, however, +self-denunciation was visited with scourging and galleys and, if +testimony of accomplices supervened, with relaxation.[805] For those +accused and regularly convicted, the statutory and ordinary punishment +was burning. When, in 1577, the Captain-general of Valencia had some +hesitation as to his duty, in the case of two culprits relaxed to him by +the Inquisition, Philip II ordered him to execute them promptly and, as +late as 1647, in an auto at Barcelona, one was garroted and burnt.[806] +Yet, on the whole, there seems to have been a disinclination to relax +these offenders, who could not escape, as heretics could, by confession +and conversion. In 1616 we find the Suprema asking the Valencia tribunal +why it had not confiscated the estate of Dr. Pérez, convicted of this +crime and, in 1634, it enquires whether there is any fuero prohibiting +the _pena ordinaria_, when guilt has been fully proved and the offender +is of full age.[807] About 1640, an experienced inquisitor informs us +that, in Saragossa, the penalty for those over 25 was relaxation; for +minors, scourging and the galleys, but he adds that this is not +observed; he had seen many thus convicted and condemned to relaxation, +but the Suprema always commuted the penalty.[808] + +Ecclesiastics seem to have been regarded as entitled to especial +leniency. In 1684, the Suprema called to account the Valencia tribunal +for its benignity, in a case of this kind, when it replied in much +detail. Two decrees of Pius V in 1568, it said, had prescribed +relaxation, with preliminary degradation, in the case of priests and, in +1574, the tribunal had so treated the case of a subdeacon. Many +authorities, however, held that clerics were not to be subjected to the +rigor of the law for this offence, and it was the common opinion that +incorrigibility was required to justify the ordinary penalty. This had +been the practice in Valencia, especially since 1615, when a priest was +convicted of a single act and, by order of the Suprema, was sentenced to +an extraordinary penalty. This had since been followed in various cases, +so that clerics were not relaxed unless incorrigible, and this was +defined to be when repeated punishment showed that the Church could not +reform them. This argument, moreover, precluded the use of torture +which, as the tribunal pointed out, could be used only when the penalty +was worse than torture.[809] + +[Sidenote: _UNNATURAL CRIME_] + +The case which called forth this explanation affords a very instructive +example of the advantage to justice of an open trial, with opportunity +of cross-examination. The accused was Fray Manuel Sánchez del Castellar +y Arbustan, a distinguished member of the Order of La Merced. The trial +had lasted for nearly three years, when the papers were submitted to the +Suprema, in August, 1684. There were two accomplice witnesses to +consummated acts, others to solicitation, others to lascivious and +filthy actions, and others to general foul reputation. Under the +ordinary inquisitorial process, condemnation would have been inevitable, +but repeated examinations and cross-examinations revealed discrepancies +and contradictions and variations, and a knowledge of the witnesses +enabled the accused to present evidence of enmities. The conclusion +reached by the tribunal was that nearly the whole mass of evidence was +the result of a conspiracy, embracing a number of frailes of the +convent, incited by jealousy of the honors and position obtained by +Sánchez. Still, there was some testimony as to indiscretions, which was +not rebutted and, as there had been a great scandal requiring a victim, +with customary inquisitorial logic, he was sentenced to four years' +exile from Valencia, Orihuela and Madrid, for the first two of which he +was deprived of active and passive voice, of confessing and preaching +and of all honors in his Order. In this, consideration was given to +three years spent in prison, so that, if innocent, he had suffered +severely and was sent forth branded with an ineffaceable stigma while, +if guilty, he had a penalty far less than his deserts. When the Suprema +asked why the two witnesses to complicity were not prosecuted, the +tribunal replied that they were regarded as spontaneously confessing, +and it was not customary to prosecute in such cases; besides, although +their enmity and contradictions invalidated their testimony, these were +insufficient to justify prosecution for false-witness.[810] Altogether +it was an unpleasant business, which the tribunal evidently desired to +despatch with as little damage as possible to the Church. + +The tendency towards leniency increased with time, and was shown to +laymen as well as to ecclesiastics. In 1717, the Barcelona tribunal +sentenced Guillaume Amiel, a Frenchman, to four years of presidio and +perpetual banishment from Spain. The Suprema commuted the presidio to a +hundred lashes but, when the sentence was read, Amiel protested that his +father was a gentleman and that he held a patent as "teniente del Rey +Christianisimo," thus claiming exemption from degrading corporal +punishment. The proceedings were suspended, and the Suprema was +consulted, which omitted the lashes and, on the same account, the boy +Ramon Gils, who was the accomplice, was spared the vergüenza to which he +had been condemned.[811] + +[Sidenote: _USURY_] + +The most conspicuous case of this nature in the annals of the +Inquisition was that of Don Pedro Luis Galceran de Borja, Grand-master +of the Order of Montesa. He was not only a grandee of Spain, but was +allied to the royal house, he was half-brother to Francisco de Borja, +Duke of Grandía and subsequently General of the Jesuits, and was of kin +to nearly all the noblest lineages of the land. For his arrest, in 1571, +the assent of Philip II was necessary; he was not confined in the secret +prison, but had commodious apartments from which, during his trial, he +conducted the affairs of the Order. He claimed exemption on the ground +of the privileges of the Order, and more than two years were spent in +debating the question, though it was pointed out that, while the +Trinitarians had even greater privileges, two members professed of that +Order had recently been relaxed for the same crime, and Borja was not +even a cleric, but a married man with children. The claim was finally +disallowed and the trial went slowly on. The evidence reduced itself to +two "singular" witnesses, who testified to solicitation and attempt, and +to one, Martin de Castro, who testified to consummation and then +revoked. Powerful influence from all quarters was brought to bear to +save the accused, and in the final consulta de fe there was discordia. +Two inquisitors and the Ordinary voted for acquittal. The other +inquisitor, who was Juan de Rojas, in a written opinion, called for four +years of exile and a heavy fine. The Suprema, after prolonged +correspondence with the tribunal, accepted this, but changed the exile +to six years of reclusion in his convent of Montesa. Llorente intimates +that the inquisitors expected to gain bishoprics, or at least places in +the Suprema, and that a bargain was made through which, on Borja's +death, the Order of Montesa was incorporated with the crown, as the +military Orders of Castile had been under Ferdinand; to this latter some +color was lent by Philip's appointment of Borja's natural son to the +grand commandership of the Order, from which he rose to the cardinalate. +There is an evident allusion to this case in the remark of an Italian +traveller in 1593, who, when speaking of the severity of the +Inquisition in these matters, illustrates it by the story of a grandee +who, for merely throwing his arm around the neck of a page, spent ten +years in prison and fifty thousand ducats.[812] + +Cases were sufficiently frequent to give the Aragonese tribunals +considerable occupation, especially after it was included in the Edict +of Faith in 1574, as a crime to be denounced.[813] I have but a few +scattering data, but they are suggestive. Thus, in Saragossa, at the +auto of June 6, 1585, there were four culprits relaxed.[814] In +Catalonia, in 1597, the report, by Inquisitor Heredia, of a visitation +through the see of Tarragona and parts of those of Barcelona, Vich and +Urgel, contains sixty-eight cases of all kinds and of these fifteen were +for this class of offences, though most of them were subsequently +suspended.[815] In Valencia, there appeared in the autos from January +1598 to December 1602, twenty-seven of these culprits, of whom seven +were frailes.[816] As it was customary to read the sentences _con +meritos_, the populace had an edifying education. From 1780 to 1820, the +total number of cases coming before the three tribunals was exactly one +hundred.[817] + + +USURY. + +The ecclesiastical definition of usury is not, as we understand the +term, an exorbitant charge for the use of money, beyond the legal rate, +but any interest or other advantage, however small or indirect, derived +from a loan of money or other article. Forbidden by the Old Law, between +the Chosen People, and extended under the New to the brotherhood of man, +it has been the subject of denunciation continuously from the primitive +Church to the most recent times. Ingenuity has been exhausted in +devising methods of repression and punishment, only to show how +impossible has been the task of warring against human nature and human +necessities. + +From an early period, usury was regarded as an ecclesiastical sin and +crime, subject to spiritual jurisdiction in both the _forum internum_ +and _forum externum_. In 1258 Alexander IV rendered it justiciable by +the Inquisition and, at the Council of Vienne, in 1312, the assertion +that the taking of interest is not a sin was defined to be a heresy, +which the Inquisition was in duty required to prosecute.[818] During the +later Middle Ages, when the greater heresies had been largely +suppressed, the prosecution of usurers formed a considerable, and the +most profitable, portion of inquisitorial activity. It is true that the +heresy consisted in denying that usury is a sin, but, as the Repertorium +of 1494 explains, the usurer or simonist, who does not affirm or deny +but is silent and tacitly believes it not to be a sin to commit usury or +simony, is a pertinacious heretic mentally.[819] + +[Sidenote: _USURY_] + +In Spain, the usurious practices of Jews and Conversos were the +principal source of popular hostility, but Jews were not subject to the +Inquisition and, in its earlier years, it appears not to have recognized +its jurisdiction in this matter over the Conversos, for I have met with +no trace, at this period, of action by it against usury, whether in +Castile or in Aragon. As regards the latter, indeed, it was impeded by a +fuero of the Córtes of Calatayud, in 1461, prohibiting the prosecution +of usurers, by both the secular and spiritual courts, and the procuring +of faculties for the purpose by the Inquisition. To ensure the +observance of this, Juan II was required to swear that he would not +obtain any papal rescript or commission authorizing inquisition into +usury and that, if such rescript were had, it should not be used but be +delivered within a month to the Diputados.[820] It may be assumed that +the Inquisition sought relief from this restriction, for Julius II +issued a _motu proprio_, January 14, 1504, reciting the fuero of +Calatayud and stating that the _usuraria pravitas_ had so increased that +a measure of wheat would be multiplied to twenty-five within three +years, chiefly because the Inquisition, in consequence of this fuero, +was precluded from the exercise of its lawful jurisdiction. He therefore +ordered Inquisitor-general Deza to prosecute all Christian usurers and +compel them to desist, by inflicting the penalties prescribed by the +general council, while Ferdinand was summoned to aid the inquisitors, +and he and his successors were released from any oaths to observe the +fuero.[821] + +As all commercial and financial transactions at the time were based on +interest payment and, as the agriculturist habitually borrowed seed-corn +before sowing, to be repaid with increase after harvest, the Inquisition +thus had an ample field opened for its operations. That it did not +neglect the opportunity is fairly inferable from the opposition excited. +It was the subject of one of the most energetic remonstrances of the +Córtes of Monzon in 1510, and the Concordia of 1512 bore an article in +which Ferdinand promised to obtain from the pope the revocation of the +faculties granted to the inquisitors; that he would allow no other grant +to be obtained, and that meanwhile he would arrange that no prosecutions +should be brought except for open assertion that usury was no sin. For +this, as for the other articles, he swore to procure the papal +confirmation. Inquisitors were likewise sworn to obey the Concordia and, +when Ferdinand was released from his oath by Leo X, in the brief of +April 30, 1513, a _motu proprio_ followed, September 2d, to the effect +that, as heresy and usury are the most heinous of crimes, to be +prosecuted with the sharpest rigor, the inquisitors were released from +their oaths and directed to employ the faculties granted by Julius II +for the suppression of usury.[822] This serves to explain why, in the +compromise embodied in Inquisitor-general Mercader's Instructions of +1514, there is no allusion to usury--the inquisitors were not to be +disturbed in the exercise of their functions in this respect.[823] When, +however, Leo, in 1516, confirmed the Concordia of 1512, he removed +usury from inquisitorial jurisdiction and prohibited its prosecution +unless the culprit should hold it not to be a sin.[824] + +It has already been seen how completely the Inquisition ignored all +these agreements, in spite of royal and papal confirmations. So, when +Charles V was obliged, in 1518, at the Córtes of Saragossa, to take the +specific and elaborate oath imposed on Juan II, it proved equally +futile.[825] Inquisitors continued to exercise jurisdiction, but, in +Aragon proper, they were impeded for a time by a brief of Clement VII, +January 16, 1525, ordering them to confine themselves in future to +heresy--a brief procured by Juan of Austria, Archbishop of Saragossa, +who claimed jurisdiction over usury for his own court.[826] This +afforded slender relief, for he employed the inquisitorial process and +the Córtes of Saragossa, in 1528, adopted a fuero, confirmed by Charles +V, reciting that the laws provide for the punishment of usurers by the +secular courts, but that the ecclesiastical judges were prosecuting +them, wherefore, at the desire of the four brazos, his majesty ordered +the ancient laws of the kingdom to be enforced without exception.[827] + +So long as the Inquisition was not involved, Charles was indifferent as +to how usurers were treated, but, when the Catalans, at the Córtes of +Monzon, in the same year, complained of the prosecution of usury by +inquisitors and petitioned that it be prevented, he drily answered that +the laws should be observed and justice should be done.[828] No greater +satisfaction than this could be had when, a few years later, the Córtes +of the three kingdoms reiterated the complaint of the prosecutions for +usury by the Inquisition, inflicting an ineffaceable stain upon parties +and their descendants, even though they were discharged without penance. +The reply of the inquisitor-general to this was a simple denial, coupled +with the demand that the names of injured parties should be +produced.[829] + +[Sidenote: _MORALS_] + +In the absence of documents, it is not easy to understand why the +Inquisition suddenly abandoned a jurisdiction for which it had contended +so strenuously, but so it was. In 1552, Simancas asserts that +inquisitors have no cognizance of questions arising from usury, but must +leave them to the Ordinaries, for usurers are not moved by erroneous +belief, but by the desire for sordid gains.[830] In this Simancas +evidently spoke by authority, for the Suprema, in a carta acordada of +March 17, 1554, forbade the tribunals to take cognizance of usury, and +the subject disappears from inquisitorial records.[831] The secular and +spiritual courts were left to fight the losing battle with industrial +and commercial progress, which eventually compelled the recognition of +the fact that payment for the usance of money is customarily profitable +to both parties. + + +MORALS + +The object of the Inquisition was the preservation of the purity of +faith and not the improvement of morals. The view taken of its duties as +to the latter is set forth in the comments of the Suprema on the report +by de Soto Salazar of his visitation, in 1566, of the Barcelona +tribunal. Clement, Abbot of Ripoll, was prosecuted for saying that so +great was the mercy of God that he would pardon a sinner who confessed, +even though he had not a firm intention to abstain in future, and also +for keeping a nun as a mistress. He was fined in four hundred ducats, +and was ordered to break off relations with the nun under pain of a +thousand ducats. The Suprema sharply reprimanded Inquisitor Padilla for +inflicting so heavy a penalty and for exceeding his jurisdiction in +prohibiting the unlawful connection. So, when the inquisitors fined +Jaime Bocca, an unmarried familiar, in twelve ducats for keeping a +married woman as mistress, the Suprema told them that it was none of +their business. It is true that in two other cases of familiars, fined +in twenty ducats each for keeping mistresses, the comment is simply that +the rigor was excessive.[832] + +The same principle, as we have seen, was observed in the treatment of +solicitation. The question of morals was studiously excluded, as a +matter entirely beyond the purview of the Inquisition, and the only +point considered was the technical one whether cases came within papal +definitions drawn up to safeguard the sacrament of penitence. The same +remark applies to the vigorous prosecution of those who held simple +fornication to be no sin. There was no attempt to repress the sin +itself, for this was beyond the faculties conferred on the Inquisition, +but merely to ascertain and punish the mental attitude of the accused. + +As time passed on, however, and as the heretics who were the legitimate +objects of the Holy Office grew scarce, there arose a tendency to +enlarge its sphere of action and to assume the position of acustos +morum. This has been seen in the censorship, which, during the later +period, came to be applied not only to obscene books but to all manner +of works of art that did not accord with the censor's standard of +decency. + +From this it was an easy step to intervene in the private lives of +individuals, in matters wholly apart from its legitimate jurisdiction, +of which we find occasional examples in the later period of decadence. +Thus, in 1784, Josef Mas was prosecuted in Valencia for singing an +improper song at a dance, and in 1791, there is a prosecution of Manuel +de Pino for "indecent and irreligious acts." In 1792 the Barcelona +tribunal takes the testimony of Ramon Seroles of Lloc, with respect to +the scandalous life of the parish priest of that place and his abuse of +the holy oils. In 1810 the Valencia tribunal is investigating Rosa +Avinent, keeper of a tobacco-shop, for suspicion of maltreating some +children in her house. In 1816 the Santiago tribunal sentences Don +Miguel Quereyzaeta, a post-office official, to leave the city where he +has led a disorderly and scandalous life, and charges him to reconcile +himself to his wife and to live with her. In 1819, Don Antonio Clemente +de Polar is prosecuted by the Madrid tribunal for propositions and for +dressing in such wise as to satisfy the passions and for other +excesses.[833] + +[Sidenote: _THE SEAL OF CONFESSION_] + +In these and similar cases, it may be assumed that the parties +inculpated richly deserved correction, but this sporadic defence of +virtue and punishment of vice was much more likely to encourage the +gratification of malice than to elevate the standard of public morals, +and the employment of the tremendous machinery of the Inquisition in +such matters marks the depth of its fall from its former height. Had its +object from the beginning been the purification of morals as well as of +religion, possibly the awe which it inspired in all classes might have +resulted in some ethical improvement but, during the time of its power, +the impression that it produced was that morals were of slender account +in comparison with faith and, in the day of its decline, these +occasional attempts to extend its jurisdiction could only produce +exasperation without amendment. + + +THE SEAL OF CONFESSION. + +When, in 1216, the fourth Council of Lateran rendered auricular +confession imperative, it was essential that the father confessor should +be bound to preserve absolute silence as to the sins revealed to him. +For a time there were some exceptions admitted, as heresy for instance, +but eventually the obligation became universal and the schoolmen +exhausted their ingenuity in devising the most extreme cases by which to +illustrate the inviolability of what has become known as the seal of +confession. Human nature being what it is, and priestly nature being +subject to human infirmities, the violation of the seal has, at all +times, been a source of anxiety and the object of rigorous punishment, +administered to the secular clergy by the spiritual courts, and to the +regulars by their superiors. The Roman Inquisition, in the first +half-century of its existence, assumed exclusive cognizance of the +offence, and demanded that all offenders, whether secular or regular, +should be tried by its tribunals, but, in 1609, it abandoned its +jurisdiction and left them to their bishops and prelates.[834] + +As the heresy involved in betraying the confidence of the penitent was +only an inferential error as to the sacrament--an artificial pretext +like that devised with regard to solicitation--the Spanish Inquisition +did not hold it to be comprised in the general delegation of faculties, +but that a special papal commission was requisite. No attempt seems to +have been made to obtain this until 1639, when, on October 11th, the +Suprema addressed Philip IV a consulta setting forth that numerous +denunciations were received by the tribunals against confessors who +revealed confessions, and that inquisitors were asking urgently for +permission to prosecute such cases as violations of divine, natural and +political law, rendering culprits suspect in the faith, this being even +more derisory of the sacrament than solicitation. It was notorious that +the Ordinaries did not check it among the secular clergy, nor their +prelates among the regulars, nor could, in such hands, any remedy be +efficacious, because in public trials the witnesses would be bought off +or frightened off, and there were no secret prisons to assure the +necessary segregation of the accused. The king was therefore asked to +procure from the pope, for the Inquisition, exclusive jurisdiction over +the offence.[835] The Suprema probably did not exaggerate as to the +denunciations received by the tribunals, for, in the minor one of the +Canaries, we find it, in 1637, receiving testimony against Diego +Artiaga, priest of Hierro, for this offence, in 1643, against Diego +Salgado, priest of la Palma and, in 1644 against Fray Matías Pinto of +Teneriffe.[836] + +There can be no doubt that Philip, as usual, acceded to the request of +the Suprema, but Urban VIII seems not to have been responsive. He had a +plausible reason for declining, in the fact that the Roman Inquisition +had abandoned its jurisdiction over the matter and, at the moment, he +was at odds with the Spanish over the question of censorship and of the +Plomos del Sacromonte. The offence was never included in the Edict of +Faith, but occasionally it is enumerated among the charges against +confessors on trial for solicitation, as in the cases of the Franciscan +Fray Juan Pachon de Salas, in Mexico in 1712, of the Carmelite Ventura +de San Joaquin in 1794, and of Fray Antonio Ortuño in 1807.[837] It was +difficult to eradicate belief in the competence of the Inquisition and, +as lately as 1808, José Antonio Alvárez, priest of Horcajo de los +Montes, was denounced for this offence to the Toledo tribunal, but the +trial was suspended, probably through doubt as to jurisdiction.[838] +When the question was brought up squarely, in the case of Doctor Don +Francisco Torneo, before the Valencia tribunal, after due discussion it +decided, March 28, 1816, that it had no jurisdiction, and the case was +accordingly dismissed.[839] + + +GENERAL UTILITY. + +[Sidenote: _GENERAL UTILITY_] + +The efficient organization of the Inquisition and the dread which it +inspired caused it to be invoked in numberless contingencies, most +diverse in character and wholly foreign to the objects of its +institution. A brief enumeration of a few of these will serve to +complete our survey of its activity and, trivial as they may seem, to +illustrate how powerful was the influence which it exercised over the +social life of Spain. + +The value of its services, arising from the indefinite extent of its +powers, was recognized early. In 1499, a Benedictine monastery +complained to Ferdinand that it had pledged a cross to a certain Pedro +de Santa Cruz and could not recover it, as he had placed himself under +protection of Dominicans, who claimed exemption from legal processes. +Ferdinand thereupon ordered the inquisitors of the city to settle the +matter; they neglected it and he wrote again peremptorily, instructing +them to seize the cross and do justice between the parties. In April, +1500, the king instructs the Valencia tribunal to recover for Don Ramon +López, of the royal guard, two runaway slaves and some plate which they +had stolen.[840] Evidently there was no little variety of duties +expected of the Holy Office. + +In 1518 a nunnery of Clares, in Calatayud, complained that, within ten +paces of their house, there had been built a Mercenarian convent of +which the inmates were disorderly; the nuns could not walk in their +garden without being seen and great scandals were apprehended. Charles V +applied to Leo X to have the Mercenarians replaced by Benedictines or +Gerónimites and the Inquisition was invoked to assist.[841] Parties +sometimes obtained papal briefs to have their suits transferred to the +tribunals. In 1548 Doña Aldonza Cerdan did this in a litigation with Don +Hernando de la Caballería and, in 1561, Doña Isabel de Francia in a suit +with Don Juan de Heredia. In both cases the inquisitors of Saragossa +refused to act until Inquisitor-general Valdés ordered them to do +so.[842] All inquisitors were not thus self-restrained, for when, about +this time, a general command was issued forbidding them to prosecute for +perjury committed in other courts, it shows that they had been asked to +do so and that some of them, at least, were ready to undertake such +business.[843] In 1647, when the prevalence of duelling called for some +effective means of repression, among the remedies proposed was that +sending a challenge should be made a matter for the Inquisition, on the +ground that the infamy accruing to the offender and his descendants +would be the most effective discouragement to punctilious +gentlemen.[844] The suggestion apparently was not adopted, but it +illustrates the readiness to have recourse to the elastic jurisdiction +of the Holy Office. + +The Jesuits found the Inquisition of much service when, through the +favor of Olivares, they were enabled to invoke its intervention in one +of their quarrels with the Dominicans. In 1634, Fray Francisco Roales +issued a pamphlet against the Society and Dr. Espino, an ex-Carmelite, +published two others. They were answered by Padre Salazar and there the +matter might have ended, but the Jesuits appealed to Philip IV and to +Olivares, who promised satisfaction and ordered the Inquisitor-general +Sotomayor (himself a Dominican) to take action, with the significant +hint that he would be watched. A royal decree of January 29, 1635, +rebuked the Suprema for lack of zeal, and ordered it to act with all +diligence and to inflict severe punishment. It responded promptly on +February 1st with an edict suppressing the pamphlet of Roales under +heavy penalties, but this did not suffice and, on June 30th, it +prohibited every one, layman or ecclesiastic, from saying anything in +private or in public, derogatory to any religious Order or the members +thereof, under exemplary penalties, to be rigorously executed--a decree +which had to be repeated in 1643. + +On June 27, 1635 the three obnoxious pamphlets were burned with +unprecedented ceremony. There was a solemn procession of the officials +and familiars, with the standards of the Inquisition, while a mule with +carmine velvet trappings bore a chest painted with flames in which were +the condemned writings. It traversed the principal streets to the plaza, +where a fire was lighted; a herald, with sound of trumpet, proclaimed +that the Company of Jesus was relieved of all that had been said against +it and that these papers were false, calumnious, impious and scandalous; +they were cast by the executioner into the flames and then the box and +the procession wended their way solemnly back to the Dominican College +of San Tomas. The effect of the demonstration, however, was somewhat +marred by the populace believing that the box contained the bones of a +misbelieving Jew, and accompanying the procession with shouts of "Death +to the dogs!" and other pious ejaculations. + +[Sidenote: _General Utility_] + +Espino was arrested and incarcerated--not for the last time for, in +1643, he boasted that he had been imprisoned fifteen times for his +attacks on the Jesuits. Roales was more fortunate; he was a chaplain of +Philibert of Savoy; his pamphlet had been printed in Milan and he was +safe in Rome, but a printer who had issued an edition in Saragossa was +arrested and presumably sent to the galleys, and a Dominican Fray +Cañamero, who had circulated the three pamphlets, was ordered to be +arrested but seems to have saved himself by flight. Still the +irrepressible conflict continued and the Inquisition was kept busy in +prosecuting offenders and suppressing obnoxious utterances. It even +construed its duty so rigidly that it condemned a memorial of the +unfortunate creditors who suffered by the bankruptcy, in 1645, of the +Jesuit College of San Hermengildo in Seville, when some three hundred +depositors lost four hundred and fifty thousand ducats, and were +struggling to rescue the remaining assets from the hands of the +Jesuits.[845] + +The Granada tribunal did not pause to enquire as to its jurisdiction +when, in May 1646, owing to the scarcity of wheat, there were +bread-riots and the mob had control of the city. It summoned all the +grain-measurers and porters, under pain of excommunication, to appear +before it on a matter of importance. By examining them, considerable +stores of hidden corn were revealed; the corregidores registered it and +the price was fixed at forty-two reales.[846] This was volunteer action +but, in 1648, when a pestilence was raging in Valencia, the tribunal was +called upon to maintain the quarantine at one of the city gates. The +king, on February 1, 1649, notified the Suprema that the pest had ceased +in Valencia, but that it was violent at Cádiz, San Lucar and other +places, and urged continued vigilance, to which the Suprema replied that +it had, since April, done its full duty, but that the municipal +officials were very negligent, and it asked him to order them to do +their share.[847] Apparently the Inquisition was relied upon for +quarantine work. As lately as July 2, 1818, the Suprema wrote to all the +tribunals that the plague had appeared at Tangier and threatened Spain +with the most terrible of calamities. The king had ordered energetic +precautions, in which all branches of the Government must coöperate, +and it was no time for hesitation or scruples. The tribunals were +therefore instructed to keep watch on the officials of all departments +and see that they did their duty and, if they could devise more +effective measures, they were invited to make suggestions.[848] + +The unlimited interference of the Inquisition with matters pertaining to +episcopal supervision is seen in two or three cases tried by the Madrid +tribunal. May 5, 1656, it sentenced the priest, Francisco Pérez Lozano, +to exile for a year from various places for his share in founding a +confraternity with what were called "statutos execrables." February 6, +1688, Juan Moreno de Piedrola, a priest of the Congregation of San +Salvador, who proposed to establish a congregation, in the rules of +which the tribunal discovered censurable propositions, was ordered to +surrender all the papers and not to discuss it in word or writing and +was exiled until he should have permission to return, with warning that +otherwise he would be prosecuted with the full rigor of the law. As he +was not required to abjure even _de levi_, it shows that there was no +suspicion of heresy involved. Then, in 1697, Fray Juan Maldonado, of the +Order of San Juan de Dios, had three years of exile for preaching, in +the church of his convent at Ciudad Real, a sermon characterized as +burlesque and scandalous, though there is no hint of its being in any +way heretical.[849] + +[Sidenote: _General Utility_] + +This perpetual intrusion into all manner of affairs, irrespective of +heresy rather increased towards the last. In 1788, Antonio López was +prosecuted in Valencia for selling rosaries with bones made of clay as +relics. In 1789, Andrés Joáñez, a coachman, for a conversation on a +superstitious subject. In 1791, the Carmelite Fray Bonifacio de San +Pablo, for attempting to print a satirical paper; Josef de la Rosa, in +Cordova, for carrying a consecrated wafer in a relic-bag; Vicente +Felerit, in Valencia, for a "vain observance." In 1795, Don Miguel +Catalá, fiscal in Buñol and Josef Sánchez Masquifa, a scrivener, were +prosecuted for using, in drafting testaments, the words "diversos +atributos," when alluding to the Trinity. In 1799, Juan Rodríguez, a +priest in Santiago, for assisting and performing ceremonies in a +mock-marriage. In 1808, Josef Várquez de la Torre, a scrivener of +Valencia, for drawing a deed of separation between spouses. In 1818, in +Valencia, Vicente Maicas, priest of Cedrillos, for not wanting his +parishioners to die in the Franciscan habit.[850] As all these cases +presuppose denunciation, they illustrate the popular estimate of the +all-embracing powers of the Inquisition and the espionage under which +every Spaniard lived. + +In fact, there was scarce anything in which the Inquisition did not feel +itself authorized to intervene. The latitude with which inquisitors +construed their own powers is manifest in their assuming to issue +licences to hunt in prohibited places, sometimes for their own benefit +and sometimes for that of others. This was an abuse which the Suprema +strove to correct by forbidding it in 1527, but it was so persistent +that the prohibition had to be repeated in 1530 and again in 1566.[851] + +As the Inquisition was supreme within its jurisdiction and claimed the +right to define the extent of its powers, there was no one to call it to +account for their arbitrary exercise. If any other body in the State +felt that its rights were invaded, the only recourse was to the +sovereign and we have seen how, under the Hapsburgs, the crown, with +scarce an exception, decided in its favor. + + + + +BOOK IX. + +CONCLUSION. + + + + +CHAPTER I. + +DECADENCE AND EXTINCTION. + + +The Inquisition may be said to have reached its apogee under Philip IV. +We have had ample opportunity to see how that pious monarch yielded to +its aggressiveness, until it became a virtually independent organization +within the State, obeying the royal mandates or not, as best suited its +convenience, and engaged in almost perpetual controversies with the +other branches of the government, while the king, with rare exceptions, +submitted to its exigencies. It is true that, in his financial distress, +he compelled the restitution of a small part of the confiscations and +that he asserted the royal prerogative of making and unmaking +inquisitors-general and of appointing members of the Suprema but, when +once he had exercised the power, his appointees acted in independence. +It would not be easy to imagine a more complete assertion of +irresponsible authority than the sudden arrest of Villanueva--of a +leading minister in the absence of the sovereign, at a time of the +utmost confusion, when nothing would have been risked by delay, save +perhaps that the sovereign might have refused assent. Yet not only did +Philip condone this but he threw himself into the persecution of his +favorite with such ardor that he could scarce restrain himself from +risking a rupture with the Holy See in defence of the Holy Office. Under +the disastrous regency of Maria Ana of Austria and the reign of Carlos +II, the royal authority almost disappeared and, although this gave such +men as Nithard and Valladares opportunity to assert still further the +independence of the Inquisition, it also enabled Don John of Austria to +banish Nithard and the other governmental departments to emulate its +disregard of the royal authority. There was an omen of the future when +they united, in 1696, in the Junta Magna, to protest against the +encroachments of the Inquisition and to demand its withdrawal into its +proper limits, although by dextrous management the attempt was baffled. + + +THE BOURBONS. + +With the advent of the Bourbon dynasty a new element entered into the +political organization of Spain. The absolutism of Louis XIV had +embraced the Church as well as the State, and the Gallican theories as +to the power of the Holy See were encouraged in order to assure the +headship of the crown. It was inevitable that Philip V and his French +advisers should entertain very different views as to the relations +between the king and the Inquisition from those which had been current +for a century. Even at the height of the War of Succession, we have seen +how Philip, in the affair of Froilan Díaz, intervened as master and +regulated the relations between the inquisitor-general and the Suprema, +how he undertook to reform the Inquisition and how, in many ways he +curbed its audacity. But for a court intrigue, working through Philip's +uxoriousness, Macanaz might have succeeded in his project of rendering +the Inquisition wholly subordinate to the crown, and though the +vindictiveness of the Holy Office inflicted on him life-long punishment +for the attempt, this did not prevent the continued assertion of the +royal supremacy, as we have had occasion to see in repeated instances +and in many different directions. + +[Sidenote: _PHILIP V_] + +Philip's assertion of the royal prerogative, however, by no means +implied any lack of zeal for the faith and, as long as the Inquisition +confined itself to its duties of exterminating heresy, it had his +cordial support. Frequent allusions have been made above to its renewed +activity during the period following the close of the War of Succession. +Full statistics are lacking, but in sixty-four autos, between 1721 and +1728, there appeared nine hundred and sixty-two culprits and effigies, +of whom one hundred and fifty-one were relaxed.[852] That this met his +hearty approbation is manifested by the letter which he addressed, +January 14, 1724, to his son Luis, when abdicating in his favor. In this +the exhortations breathing a lofty morality are accompanied with earnest +injunctions to maintain and protect the Inquisition, as the bulwark of +the faith, for to it is attributable the preservation of religion in all +its purity in the states of Spain, so that the heresies which have +afflicted the other lands of Christendom, causing in them ravages so +deplorable and horrible, have never gained a foothold there.[853] +Small-pox cut short the reign of Luis to seven months, after which +Philip was obliged to resume the weary burden, till death released him, +July 9, 1746, and if, during this later portion of his government, the +Inquisition was less busy, this may safely be attributed to flagging +energies and lack of material and not to any restraint on the part of +the sovereign. The punishment which he allowed it to inflict on Belando, +for the history of his reign of which he and his queen, after careful +scrutiny, had accepted the dedication, shows how untrammelled was its +exercise of its recognized functions. + +Yet Philip unwittingly started the movement that was ultimately to +undermine the foundations on which the Inquisition rested. He brought +with him from France the conviction that the king should be the patron +of letters and learning, and he had the ambition to rule over a people +of culture. He aroused the slumbering intellect of Spain by founding the +Academies of Language and of History and of Medicine, the Seminary of +the Nobles, and the National Library, and he replaced for Catalonia the +University of Lérida by that of Cervera. Notwithstanding the vigilance +of the censorship, it was impossible that the awakening intelligence of +the nation, thus stimulated, should not eagerly grasp at the forbidden +fruit of modern philosophism, all the more attractive in that it had to +be enjoyed in secret. Fernando VI, from 1746 to 1759, followed his +father's example, in encouraging the spread of culture. Carlos III was +even more energetic in urging the enlightenment of his subjects, and +thus there was gradually formed a public, few in numbers, it is true, +but including the statesmen in power, which had lost the old Spanish +conception that purity of faith was the first essential, and regarded +the Inquisition as an incumbrance, save in so far as it might be used +for political ends. The Inquisition still inspired fear, and the case of +Olavide shows that these opinions had to be cherished in secret, but +the number who entertained them was indicated when the bonds of society +were loosened and the national institutions crumbled in the earthquake +of the Napoleonic invasion. + +Possibly the diffusion of this modern rationalistic spirit, insensibly +affecting even those opposed to it, may partly explain the rapidly +diminishing activity of the Inquisition. The great tribunal of Toledo, +in the fifty-five years, from 1740 to 1794 inclusive, despatched but +fifty-seven cases, or an average of but one a year.[854] This cannot be +attributed to a lack of culprits, for bigamy, blasphemy, solicitation, +sorcery and similar offences, which furnished so large a portion of the +penitents of old, were as rife as ever. The fact is, that the officials +were becoming indifferent and careless, except in the matter of drawing +their salaries. When, on May 22, 1753, the priest Miguel de Alonso +García was to be sentenced in the audience-chamber with closed doors and +in the presence of the officials, it happened that there were no +witnesses of the solemnity because none of the officials were to be +found in the secreto.[855] + +[Sidenote: _CARLOS III_] + +The _personnel_ of the Inquisition was visibly deteriorating and +consequently forfeiting the respect of the community. There had long +been complaint of the insufficiency of the salaries, which had remained +stationary while the purchasing power of money had greatly diminished, +and there had been no reduction in the official staffs to correspond +with the dwindling business. Thus, in spite of the _empleomanía_ +characteristic of the nation, and of the privileges and exemptions +attached to official position, it became increasingly difficult to fill +the offices properly. As early as 1719, the inquisitors of Barcelona +complained to the Suprema of the trouble they experienced getting people +to serve, on account of lack of desire for the offices and the absence +of advantage accruing from them.[856] In 1737 we find that the Toledo +tribunal had neither a commissioner nor a notary in Guadalajara, the +capital of a province which, in 1787, numbered 112,750 souls.[857] In +1750, a writer deplores that the stipend of eight hundred ducats is +insufficient to support the dignity of an inquisitor, so that the +inquisitor-general is not always able to make fitting nominations. This +necessitates the appointment of calificadores to examine the doctrines +brought under review, resulting in the indefinite prolongation of cases, +and also in lack of vigilance to suppress the errors perpetually +propagated in books; when the calificadores are not paid, they are slow +in their work and, to escape paying them, many things which ought to be +referred to them are passed over.[858] That the respect felt for the +Inquisition should diminish under these circumstances was inevitable and +altogether, at this period, it presents the aspect of an institution +which had survived the causes of its creation and was hastening to its +end. Yet it had exercised too powerful an influence in moulding the +Spanish character for it to disappear when its mission was accomplished, +and we shall see how violent were the struggles attendant upon its +dissolution. + +Meanwhile it dragged on its existence under constantly increasing +limitations. Fernando VI, it is true, gave it obstinate support in its +quarrel with Benedict XIV over the works of Cardinal Noris, but he dealt +a severe blow when, in 1751, he deprived of the _fuero_ the officials of +the tribunal of Lima. Carlos III, who succeeded in 1759, came from +Naples with the highest ideals of royal supremacy, coupled with less +respect for ecclesiastical claims than was current in Spain; he +surrounded himself with advisers such as Roda, Campomanes, Aranda and +Floridablanca, who were more than suspected of leanings to modern +philosophism, and his reign of benevolent despotism was marked with a +series of measures designed to diminish or abolish the privileges of +inquisitorial officials, to repress abuses and to tame arrogance. The +complete control which he assumed over its functions is exhibited in the +rules imposed, in 1768, on its censorship and, in 1770 and 1777, on its +jurisdiction over bigamy, when he ordered it in future to limit its +operations to the suppression of heresy and not to embarrass the royal +courts. The theory thus developed of the relations between the crown and +the Holy Office is formulated in a consulta of the Council of Castile, +November 30, 1768: "The king as patron, founder and endower of the +Inquisition, possesses over it the rights inherent in all royal +patronage.... As father and protector of his vassals, he can and ought +to prevent the commission of violence and extortion on their persons, +property and reputation, indicating to ecclesiastical judges, even in +their exercise of spiritual jurisdiction, the path pointed out by the +canons, so that these may be observed. The regalías of protection and of +this indubitable patronage have established solidly the authority of the +prince, in issuing the instructions which he has deigned to give to the +Holy Office acting as an ecclesiastical tribunal."[859] Under such +conditions, he was quite content with its existence and, when Roda +suggested its suppression and presented various documents to show that +this had been discussed under Charles V, Philip II and Philip V, he +merely replied "The Spaniards want it and it gives me no trouble."[860] +In fact, the time had not arrived for such drastic measures. The Abbé +Clément reports a conversation with Aranda, October 29, 1768, in which +the count warned him that it was necessary to speak of the Inquisition +with great reserve, for people imagined that all religion depended on +it; it was, in truth, an obstacle to all improvement, but time would be +required to deal with it, and he advised Clément to allude to it only to +Roda and Campomanes.[861] + + * * * * * + +With the accession, in 1788, of Carlos IV, there opened for Spain a new +and disastrous epoch. Timid, irresolute, indolent, he had fallen +completely under the influence of his wife María Luisa, an energetic and +self-willed woman. Until 1792 he kept in office Floridablanca, who was +succeeded for a short time by Aranda, and then power was grasped by +Manuel Godoy, subsequently known as Prince of Peace. Cadet of an obscure +family of Badajoz, he had entered the royal body-guard, where he +attracted the attention of the queen, whose favored lover he was +universally believed to be, as well as the favorite of her husband. He +speedily rose to the highest dignities and became omnipotent; although a +court intrigue occasioned his dismissal in 1798, he was restored in +1800, remaining arbiter of the destinies of Spain, until the "Tumult of +Lackeys," at Aranjuez, in 1808, directed against him, caused the +abdication of Carlos in favor of his son Fernando VII. Light-headed, +selfish, vain and unscrupulous, he was mainly responsible for the +misfortunes which overwhelmed his country and from which it may be said +not to have as yet recovered. + +[Sidenote: _ALTERED FUNCTIONS_] + +The outbreak of the French Revolution gave a new importance to the +Inquisition. When the seductive theories of the French philosophers +were preached as the foundation of practical politics, overturning +thrones and threatening monarchical institutions with the doctrines of +the social compact, the sovereignty of the people and the universal +brotherhood of man, the Holy Office might claim that, as the foundations +of social order were based on religion, its labors were essential for +the safety of the State, while the State recognized that it was the most +available instrumentality for the suppression and exclusion of the +heresies of liberty and equality. + +In this tumultuous breaking down of the standards of thought and belief, +in this emergence of a new order on the ruins of the old, the functions +of the Inquisition adapted themselves to the exigencies of the times, in +other ways besides the increased sharpness and vigilance of its +censorship. I have frequently had occasion above to refer to an +alphabetical list of all the persons denounced to the various tribunals, +from 1780 to 1820, some five thousand in all, and this, taken as a +whole, affords us an insight into the change in the objects of +inquisitorial activity. Judaism and Islam and Protestantism no more +claim its attention. The Church is no longer threatened by enemies from +without; what it has to dread is revolt among its own children. +Three-fifths of the denunciations are for "propositions," largely among +the cultured classes, including a fair proportion of ecclesiastics. +Their precise errors are not stated, but doubtless many were Jansenistic +and more were hostile to the claims of the Church Militant and to the +absolutism of the monarchy. There is also a large class of cases, +virtually unknown a century earlier, significant of a vital change in +the intellectual tendencies of the nation, calling for the special +vigilance of the Inquisition. Popular indifferentism is revealed in the +numerous prosecutions for inobservance or contempt of church +observances. Even more noteworthy are those for outrages on images of +Christ, the Virgin and the saints, and even for sacrilegious treatment +of the Venerable Sacrament. In many other ways was manifested the +weakening of the profound and unquestioning veneration which, for three +centuries, had been the peculiar boast of the Spanish race. On the other +hand it is not a little remarkable that there are very few cases of +offences against the Inquisition, for, in all these forty years, there +are but nine that can in any way be included in this class.[862] + +At the same time, when we recall the old-time punctilious enforcement of +profound respect, it argues no little decline in popular awe when, in +1791, a simple parish priest, Dr. Joseph Gines of Polop (Alicante) dared +to address the Valencia tribunal in terms of violent indignation at the +conduct of its secretary, Dr. Pasqual Pérez, when on a mission to +collect testimony. He tells the tribunal that, if it does not dismiss +Pérez it will sink greatly in his estimation, and his whole epistle +breathes a spirit of independence and equality wholly impossible at an +earlier time.[863] It was not without reason that, in 1793, the +tribunal, in appealing for increase of salaries, complained of the +decline in popular respect for its officials, which it attributed to +their meagre pay and the curtailment of their privileges.[864] How +completely the tribunals had lost their former energy is indicated by +the abandonment, about this time, as we have seen (Vol. II, p. 98) of +the publication of the Edict of Faith, which of old had been so +impressively solemnized and had proved at once so fruitful a source of +denunciations and so powerful a means of maintaining popular awe. + +[Sidenote: _POLITICAL FUNCTIONS_] + +Coincident with this, and as though the Inquisition felt that it was on +trial before the people, there was a marked tendency towards +amelioration of procedure, coupled with benignity in treatment of +culprits. Allusion has been made above to the introduction of the +_audiencia de cargos_, through which the accused was afforded an +opportunity of knowing what was alleged against him, and frequently of +clearing himself without the disgrace of arrest and trial. There is a +very suggestive instance of merciful consideration, in 1791, in the case +of Josef Casals, a weaver, charged before the Barcelona tribunal with +the utterance of shocking blasphemies in the church of Santa Catalina. A +century earlier he would have been arrested and, on proof of the +offence, he would have been sentenced to scourging or the galleys. In +place of this Padre Miguel Alberch was instructed to report secretly as +to the character of the accused, which he did to the effect that Casals +had regular certificates of confession, but was of quick temper and +occasionally broke out in curses. Then a commission was issued to +Alberch to summon Casals and to represent to him the gravity of his +offence and of the punishment incurred, and the mercy shown by the +tribunal, which would keep a watch on him. + +In pursuance of this the good priest reported that Casals was deeply +repentant and desired to be heard in confession, which he had +permitted.[865] The case is trivial, but of such was the bulk of +inquisitorial business, and the temper in which it was conducted was of +no little import to the people at large. + +Partly this may be attributable to the modern softening of manners, +partly to a growing sense of insecurity, and partly to the inertia which +led the officials to shun all avoidable labor. It was becoming more and +more a political machine and neglectful of the objects of its creation. +During the inquisitor-generalship of Manuel Abad y la Sierra, from 1792 +to 1794, we are told that, in all Spain, there were but sixteen +condemnations to public penance. Abad was an enlightened man; he thought +of assimilating the inquisitorial procedure to that of other courts of +justice, and consulted with Llorente as to the formula for such a +reform, but conservatism, however relaxed in practice, was not ready for +total abandonment of the old methods. His design became known: he was +forced to resign and was relegated to the Benedictine monastery of +Sopetran, under a charge, as we have seen of Jansenism.[866] + +In fact, an absolute renunciation of the old procedure would have +largely deprived the Inquisition of its usefulness in its new political +functions, to which its established methods were peculiarly adapted. +When, in 1796, a powerful intrigue was formed for the overthrow of +Godoy, the Inquisition was naturally selected as the only weapon with +which to strike at the favorite. Three friars were found to denounce +him, because for eight years he had avoided confession and communion, +and because of his scandalous relations with women. Had +Inquisitor-general Lorenzana been resolute, Godoy's fate might have been +that of Olavide, but he was timid. Archbishop Despuig of Seville and +Bishop Muzquiz, then of Avila, who were the leaders of the plot, vainly +assured him that Godoy's arrest would insure success; he refused to act +except under orders from Pius VI. Despuig then prevailed upon his +friend Cardinal Vincenti to induce the pope to write to Lorenzana +reproaching him with his indifference to a scandal so hurtful to +religion. It chanced that Vincenti's letter, inclosing that of Pius, was +intercepted at Genoa by Napoleon who, to ingratiate himself with Godoy, +forwarded to him the correspondence. Godoy assured his position and took +a mild revenge, which does credit to his sense of humor, by sending +Lorenzana, Despuig and Muzquiz into honorable exile as special envoys to +condole with the pope on the occupation of his territories by the +French.[867] In fact, Capmany describes the Inquisition of the period as +devoted to the unholy work of an Inquisition of State, in order to +preserve its imperilled existence, and its ministers as trembling at the +sight of the infamous favorite, when they had the honor of joining the +crowd of his flatterers.[868] + +Inquisitors might reasonably feel anxious as to their position, for +projects of reform were in the air. Gaspar Melchor de Jovellanos, the +most conspicuous Spaniard of his time for intellectual ability and +rectitude, had been exiled from the court, in 1790, and had betaken +himself to his native Gijon, where for years he labored in founding the +Instituto Asturiense. Desiring to endow it with a library of scientific +works, he applied, in 1795, to Lorenzana for licence to import them, but +Lorenzana refused on the ground that there were good Spanish writers, +rendering recourse to foreigners unnecessary, especially as foreign +books had corrupted the professors and students in various +universities--a process of reasoning applied to works on physics and +mineralogy, which Jovellanos characterized as a _monumento de barbarie_. +The attention thus drawn to his library aroused the suspicions of the +commissioner of the Inquisition, Francisco López Gil, priest of Somió, +who secretly entered it one day while the owner was taking his siesta. +Word was brought to him and he hastened thither, finding Gil examining a +volume of Locke. Jovellanos turned him out, telling him that his office +rendered him an object of suspicion and forbidding him to enter the +building without permission. Gil became a spy and was probably the +author of a denunciation which cost Jovellanos years of captivity.[869] + +[Sidenote: _JOVELLANOS_] + +He was suddenly recalled from his exile, November 23, 1797, to assume +the position of minister of Gracia y Justicia, where he speedily gave +the Inquisition abundant cause to dread him. A competencia had arisen +between the Seville tribunal and the episcopal authorities over a +confessional which it had ordered to be closed. The matter came before +Carlos, who instructed Jovellanos to obtain the opinion of Tavira, +Bishop of Osma, which he duly transmitted to the king, February 15, +1798, with a Representation arguing that the time had come to restore to +the bishops their old jurisdiction in matters of faith; the object for +which the Inquisition was established had been attained; its processes +were cumbrous and inefficient, and its members were ignorant. The +jurisdiction of the bishops could alone furnish an effective remedy for +existing evils--a jurisdiction more natural, more authoritative, more +grateful to the people, and fuller of humanity and gentleness, as +emanating from the power granted to them by the Holy Ghost, wherefore +the authority that had been usurped from them should be restored. +Moreover he took into consideration the condition of the Holy See, +deprived of its temporalities by the French Republic. Everything, he +said, pointed to a fearful schism at the death of Pius VI, in which case +each nation must gather itself under its own pastors. The papacy would +endeavor to retain the cumbrous and costly organization of the curia, by +increasing its exactions, and it would have to be reduced to the +functions exercised during the first eight centuries.[870] + +Jovellanos was a sincere Catholic, but after utterances so hardy it was +not difficult for his enemies to convince the king that he was inclined +to heresy and atheism. Godoy had grown alarmed at the ascendancy which +he was acquiring over Carlos; his fellow-minister Caballero conspired +with the Inquisition, and on August 15th the king signed the dismissal +of his minister, whose official life had endured but eight months. A +fortnight later a royal _carta orden_ declared it to be his unalterable +will that the Holy Office should permanently enjoy its jurisdiction and +prerogatives without modification.[871] Jovellanos returned to Gijon +where he lived in dignified retirement for two years and a half. His +offence however had been too great for pardon and his influence was +still dreaded. An anonymous denunciation of the flimsiest character was +laid before Carlos, describing him as having abandoned all religion and +as being at the head of a highly dangerous party, engaged in schemes for +the overthrow of Catholicism and the monarchy. The pusillanimous king +adopted the course suggested to him by the secret accuser. Before +day-break of March 13, 1801, the house of Jovellanos was surrounded by a +troop of horse; he was aroused from sleep, his papers were seized and +transmitted to the ministry of State; he was kept in his house +_incomunicado_ for twenty-four hours, then thrust into a coach and +carried, still incomunicado, across Spain to Barcelona and thence to +Majorca, where he lay in prison until the abdication of Carlos, in 1808, +and the consequent troubles effected his release.[872] + +[Sidenote: _ATTEMPTED SUPPRESSION_] + +A case nearly parallel was that of Mariano Luis de Urquijo, who followed +Jovellanos in the ministry of Gracia y Justicia. He had no cause to love +the Inquisition. Among his youthful indiscretions was a translation of +Voltaire's _Mort de César_, which led the Inquisition to make secret +investigations, resulting in the conviction that he was dangerously +infected with philosophism. He was about to be arrested when Aranda, who +recognized his merit, recommended him to the king and, in 1792, he was +appointed to a position in Aranda's office. The Inquisition had learned +respect for royal officials and substituted for a decree of arrest a +summons to an _audiencia de cargos_, ending in a sentence of light +suspicion of sharing philosophic errors, absolution _ad cautelam_, some +secret penances and the suppression of his book, though his name was +considerately omitted in the edict of prohibition. His official +promotion was rapid and, at the age of thirty, he found himself a +minister, employing his power, possibly with more zeal than discretion, +in encouraging enlightenment and all humanizing influences. On the death +of Pius VI he incurred Ultramontane hostility by inducing the king to +sign the decree of September 5, 1799, restoring to the bishops the right +of issuing dispensations--a measure which provoked long and bitter +discussion. This was followed, as we have seen above (Vol. III, p. 504) +October 11th by a sharp rebuke to the Inquisition, ordering it to +confine itself to its proper duties and, soon afterwards, he presented +to Carlos for signature, a decree suppressing the institution and +applying its property to purposes of charity and public utility. This +was too bold a measure; the king shrank from the responsibility and +Urquijo only succeeded in concentrating upon himself clerical hostility, +which was reinforced by the enmity of First Consul Bonaparte, whose +policy he had opposed. Godoy, who commenced to fear him as a rival, and +who was irritated by some imprudent jests, withdrew his support. A +triple prosecution was commenced against him by three inquisitors and he +fell in December, 1801. He was sent to Pampeluna, to the cell which had +been occupied by Floridablanca, and there he lay for a year or two, +deprived of fire, lights, books and writing materials. He was liberated +under surveillance; in 1808 he refused to accompany Carlos and Fernando +to Bayonne, but he attended the so-called Junta of Notables there, +accepted the French domination, served as secretary of State and, with +the other _Afrancesados_, sought refuge in France in 1813, dying in +Paris in 1817.[873] + +It is evident from all this that the opposition to the Inquisition was +gathering strength and boldness, but that its foundations were too deep +and solid to be overthrown without an upheaval that should shatter the +social fabric. A well-intentioned, but somewhat absurd, attempt was made +by Grégoire, Constitutional Bishop of Blois, whose fervent Catholicism, +combined with equally fervent liberalism, was of service so essential in +piloting the Church of France through the storms of the Revolution. In +1798, he addressed a letter to the Spanish inquisitor-general, urging +the suppression of the Inquisition and universal toleration, as a +preliminary to the redemption of Spain from despotism, and to enabling +it to take its place among the nations which had recovered their rights. +This was translated into Spanish and some thousands of copies were +circulated; it may have made some secret converts but the only visible +result was to elicit several replies. One of these, by Pedro Luis +Blanco, told Grégoire, with more or less courtesy, to mind his own +business; assured him that, if the Inquisition was suppressed, Spain +would remain as intolerant as ever, and asserted that no Spaniard had +ever imagined that coercion could be employed to obtain conversion. It +was probably this, mingled with some skilful adulation of the king and +his ministers, that procured for the author, in 1800, the episcopate of +Leon.[874] There was also an anonymous "_Discurso historico-legal_," +evidently by a well-informed inquisitor, probably Riesco of Llerena. It +was the most rational history of the Inquisition that had as yet +appeared, although it assures us that experience showed that penitents +were most grateful for the benevolence shown to them, and that it was a +tribunal full of gentleness, the centre of benignity, compassion and +mercy, but also of justice.[875] + +A third was by Lorenzo Villanueva, a calificador of the Valencia +tribunal, whose defence of the reading of Scripture has been alluded to +above. It was published under the transparent pseudonym of Lorenzo +Astengo, his maternal name. In view of his subsequent career it is not +without interest to see his indignation at the advocacy of toleration +and his dithyrambic denunciation of the horrors to which philosophism +has led in the assertion of human liberty. The first portion of his work +is an impassioned and rhetorical defence of persecution, supported by +ample learning. Vigorous is his denunciation of the modern theories of +philosophism and the rights of man--since original sin, he asks, what +rights has man save to slavery, to punishment, to ruin? So he combats at +length the doctrine of the sovereignty of the people, which he +stigmatizes as a delirium, a dream and a deception. Yet he admits that +the Inquisition is not perfect--that it has committed errors through +imprudence, through ignorance, through excessive zeal, and through human +frailty, and that it has prevented the development of some things which +would aid the prosperity of the nation.[876] If, as has been asserted, +he expected a bishopric in reward for this, he was disappointed. + +[Sidenote: _POLITICAL UPHEAVAL_] + +Thus, at this period the Inquisition was inert and its very existence +seemed to be threatened, but its potentiality of evil was undiminished. +It was still an object of terror to all inclined to liberal opinions, +and it was regarded by the Conservatives as the bulwark protecting the +land from the deluge of modern thought. + +Feeble though it might be in appearance we shall see how prolonged and +stubborn was the contest required for its final suppression. + + +THE CORTES. + +The treaty of Fontainebleau, October 27, 1807, dismembered Portugal, of +which Godoy was to have the southern portion, as an independent kingdom, +and the King of Etruria (Ferdinand of Parma) the northern portion. +Napoleon sent Junot with an army which, accompanied by Spanish troops, +speedily overran the land, when Junot issued a decree declaring Portugal +annexed to the empire. Simultaneously French armies, under Dupont and +Moncey, entered Spain and occupied the strongholds of Pampeluna, +Barcelona, Figueras and other places. Murat was sent as commander in +chief and took possession of Madrid. The Tumult of Aranjuez drove Godoy +from power and, on March 19, 1808, Carlos abdicated in favor of his son, +Fernando VII, whose accession was received with enthusiasm by the +nation. Beauharnais, the French ambassador at Madrid, and Murat, +however, refused to recognize him; Carlos protested to Napoleon that his +abdication had been coerced; by various devices, Carlos and his queen, +Fernando and his younger brother Don Carlos, were induced to go to +Bayonne to lay their respective pretensions before the emperor. There, +on May 5, Fernando was obliged to renounce the crown to his father and +the latter to transfer it to Napoleon. Carlos and María Luisa were sent +to Compiègne and Fernando to Valençay, where he remained until 1814. +Meanwhile in Madrid, Murat, under instructions, ordered the Infantes +Antonio and Francisco, the remaining members of the royal family, to +depart for Bayonne on May 2d. The indignant populace rose, with the aid +of a few officers and soldiers and, after a gallant struggle against the +veterans of Napoleon, the insurrection was repressed with heavy +slaughter, followed by numerous executions. The heroic "Dos de Mayo" was +the signal of resistance to the invader and, in a few weeks, Spain was +aflame; the desperate six years' War of Liberation was commenced, and +the nation showed what a people could do when abandoned by its incapable +and cowardly rulers. With a soldier's contempt for an unorganized +militia, Napoleon pursued his plans. Joseph was called from Naples to +occupy the vacant throne and was acknowledged as king by an Assembly of +Notables, convoked at Bayonne in June, which transformed itself into +Córtes and adopted a Constitution. + +This summary of the situation is necessary to an understanding of the +position of the Inquisition. Whatever may have been the views of some of +the local tribunals, the central body accepted the intrusive domination +and was _afrancesado_--a term which, to the patriots, became one of the +bitterest contempt. The Constitution of Bayonne provided that, in +Spanish territories, no religion save Roman Catholicism should be +tolerated. Raimundo Ethenard, Dean of the Suprema, was a member of the +Córtes and, when he took the oath of allegiance to Joseph, the latter +assured him that Spain was fortunate in that the true faith alone was +there honored. When the Constitution was under consideration, two +members, Pablo Arribas and José Gómez Hermosilla, advocated the +suppression of the Inquisition, but Ethenard and his colleagues of the +Inquisition, Galarza, Hevia Noriega and Amarillas, successfully opposed +it, although they admitted that, in conformity with public opinion, its +procedure should be made to conform to that of the spiritual courts in +criminal cases.[877] + +[Sidenote: _SUPPRESSION BY NAPOLEON_] + +The Inquisition thus deemed itself safe and earnestly supported the +Napoleonic government. After the sanguinary suppression of the Madrid +rising on May 2d, it made haste to counteract the impression produced +and, on the 6th, the Suprema addressed a circular letter to the +tribunals, describing the affair as a scandalous attack by the lowest +mob on the troops of a friendly nation, who had given no offence and had +observed the strictest order and discipline. Such demonstrations, it +said, could only result in turbulence and in destroying the confidence +due to the government, which was the only one that could advantageously +direct patriotic energies. The tribunals were therefore instructed to +impress on their subordinates, and the commissioners and familiars in +their districts, the urgent necessity of unanimously contributing to the +preservation of public tranquillity. This communication was received by +the Valencia tribunal on May 9th and, on the 11th, it was read to the +assembled officials, calificadores, notaries and familiars of the city, +with exhortations to comply strictly with its commands--action which +was doubtless taken by the other tribunals.[878] + +The Inquisition thus remained in Madrid under the protection of the +French arms, but its freedom of action was curtailed. The Abate +Marchena, a fine classical scholar, but revolutionary and tinctured with +atheism, had abandoned Spain early in the French Revolution and had +barely escaped the guillotine during the Terror. He returned, in 1808, +as Murat's secretary, when the Inquisition thought fit to arrest him, +but Murat sent a file of grenadiers and forcibly released him.[879] When +Napoleon reached Madrid, December 4, 1808, the capitulation granted to +the city provided that no religion but Catholicism should be tolerated +but, on the same day, he issued a decree which suppressed the +Inquisition, as contrary to sovereignty and to civil authority, and +confiscated its property to the crown.[880] The Inquisitor Francisco +Riesco stated, during the debate in the Córtes of Cádiz, that this +sudden decree was motived by the refusal of the members of the Suprema +to take the oath of allegiance to the new dynasty, but this is evidently +incorrect, as most of them had already done so at Bayonne, and Arce y +Reynoso, who resigned his inquisitor-generalship, adhered to the French +and accompanied them on the final evacuation. Riesco further asserts +that Napoleon ordered them to be imprisoned, but they escaped and +scattered to places of safety.[881] The Inquisition was thus left in an +anomalous position and without a head, for correspondence with Pius VII +was cut off, and neither his acceptance of Arce's resignation nor his +delegation of powers to a successor could be had. The Junta Central, +which was striving to govern the country, attempted to fill the vacancy +with Pedro de Quevedo y Quintano, Bishop of Orense, but he could obtain +no papal authorization and made no attempt to act. It was argued that +during a vacancy the jurisdiction continued with the Suprema, but this +was denied and it remained an open question.[882] + +During the period which followed, the tribunals maintained their +organization and exercised their functions after a fashion, when not +prevented by the French occupation. Thus when the invaders reached +Seville, February 1, 1810, the Inquisition was suppressed, but its +members took refuge in Ceuta. Valencia remained in operation until the +city was captured by Suchet, in 1811, while Barcelona at one time +transferred itself to Tarragona. Activity was intermittent and, in the +excitement of that stirring time, there was little energy for the +prosecution of heresy while, even when the enemy had withdrawn, in many +cases the buildings had been ruined. The Valencia record shows that the +total number of cases brought before all the tribunals in 1808 was 67; +in 1809, 22; in 1810, 17; in 1811, 25; in 1812, 1; in 1813, 6. Probably +few of these cases were regularly heard, if we may judge from that of +Don Vicente Valdés, captain of volunteers who, in 1810, was denounced to +the Valencia tribunal for blasphemous propositions. October 27th it was +ordered that, in view of the circumstances, a fitting occasion should be +awaited for the _audiencia de cargos_ demanded by the fiscal--a +postponement which proved to be protracted for it was not until 1816 +that he was tried.[883] Still, where the Inquisition itself was +concerned it could act swiftly and effectively. In 1809 the French took +possession of Santiago. Felipe Sobrino Taboada, professor of civil law +in the university, was acting as police-magistrate and, by order of the +director-general of police, he issued a proclamation exhorting the +people to lay down their arms and praising the suppression of the +Inquisition. When the French retired, the university refused to readmit +him to his chair. He obtained a decision of the tribunal of Public +Safety of Coruña re-establishing him and then the Inquisition arrested +him, without the prescribed preliminary formalities, and kept him for +five months in the secret prison. Afterwards he was allowed to keep his +house as a prison and, when finally the bounds were enlarged to the +province of Galicia, it was with the condition that he would accept no +public office.[884] + + * * * * * + +[Sidenote: _ASSEMBLING OF THE CORTES_] + +The Junta Central, which had endeavored to govern, amid much opposition +from the particularist tendencies of the provincial juntas, retired to +Cádiz when the French occupied Andalusia. + +On January 1, 1810, it issued a convocation for the assembling of +Córtes, and on the 31st it dissolved, after appointing a Regency and +imposing on it the duty of convoking the Córtes by March 1st. The +Regency delayed until, forced by the pressure of public opinion, on June +18th it published a decree ordering elections where they had not been +held, and summoning the deputies to meet in August in Isla de Leon, now +San Fernando, near Cádiz. Suffrage was virtually universal and, in the +letters of convocation, the nation was called upon to assemble in +general Córtes "to establish and improve the fundamental constitution of +the monarchy," while the commissions of the delegates empowered them to +decide all points contained in the letters and all others, without +exception or limitation.[885] The Córtes accordingly assumed the title +of Majesty, as embodying the will of the people and occupying the throne +of the absent sovereign. When they were opened, September 24th, about a +hundred deputies were present, two-thirds of whom were elected by the +provinces not occupied by the French armies, and the rest selected in +Cádiz from among natives of the unrepresented districts, including the +colonies, then more or less in open revolt, while, as the vicissitudes +of the war permitted, deputies came straggling in from districts +unrepresented at first. As a whole, the body fairly reflected existing +public opinion. The Liberals numbered forty-five, and the majority +consisted of ecclesiastics, men of the privileged classes and government +employees.[886] It was an unavoidably hazardous experiment, this sudden +wrenching of Spain from the old moorings and launching it on the +tempestuous waters of modern ideas, under the conduct of men without +training or experience in self-government. Grave mistakes were +inevitable and their constructive work was idealistic and doomed to +failure--a failure bound to result in blood and misery. At the moment, +however, there were no misgivings and the Córtes were regarded as the +salvation of the nation.[887] + +The oath administered to the members bound them to maintain Catholicism +as the exclusive religion of Spain and to preserve for their beloved +monarch Fernando VII all his dominions. Their first act was to adopt a +series of five resolutions, offered by an ecclesiastic, Diego Muñoz +Torrero, rector of the University of Salamanca, of which one provided +that the Regency should be continued as the executive power, on taking +an oath recognizing the sovereignty of the nation as embodied in the +Córtes and promising obedience to their enactments. Rather than do this, +the Regency proposed to break up the Córtes, but the threatening aspect +of the people and the army caused a change of heart, and that same night +they took the oath, except the implacable conservative Quevedo Bishop of +Orense, who resigned both from the Regency and the Córtes. His +resignations were accepted but he was forced to take the oath required +of all prelates and officials before he was allowed to retire to his +diocese. It was evident that the Córtes and the Regency could not pull +together; on October 28th, the latter was dismissed, its membership was +reduced from five to three and a new Regency was installed with which +the Córtes could work in harmony.[888] + +[Sidenote: _THE INQUISITION ASSAILED_] + +After settling relations with the other departments of the State, the +first attention of the Córtes was given to the freedom of the press. Two +days after the opening session the subject was introduced and referred +to a committee; no time was lost, a decree was reported October 8th, and +on the 18th, in spite of the reclamations of the opposition, it was +passed by a vote of 68 to 32. This was regarded as a preliminary attack +on the Inquisition, which was thus deprived by implication of the +function of censorship. Some members desired this to be explicitly +stated, giving rise to a hot debate in which Inquisitor Riesco, a member +of the Córtes, pleaded in vain for some honorable mention of the Holy +Office. There was also indignation excited by the provision subjecting +prohibition by the bishops to revision by the secular power, which was +subversive of the imprescriptible rights of the Church, whose judgements +are final.[889] If this was really the first move in a campaign against +the Inquisition, it was not unskilful, for it set at liberty the pens +which had hitherto been restrained. At once there arose a crowd of +pamphleteers and journalists, not only in Cádiz but throughout Spain, +who attacked the institution unsparingly, raising a clamor which showed +how severe had been the repression. Sturdy defenders were not lacking +and the wordy war was vigorously waged. The two most prominent champions +on either side were Antonio Puigblanch, who, under the pseudonym of +Natanael Jomtob, issued a series of pamphlets, collected under the title +of "La Inquisicion sin Máscara" or "The Inquisition unmasked," and Padre +Maestro Fray Francisco Alvarado, a Dominican of high repute for learning +and eloquence, whose letters under the name of _El Filósofo Rancio_ or +Antiquated Philosopher, continued for two years to keep up the struggle +against all the innovations of the Liberals.[890] + +Puigblanch was no exception to the general rule that those who attacked +the Inquisition were careful to profess the highest veneration for the +faith and in no way to advocate toleration. His work commences with an +eloquent description of religion as the foundation of all civil +constitutions and Catholicism as the noblest adornment of enlightenment +and liberty, the only question being whether the Inquisition is the +fitting institution for its protection. He is careful to maintain to the +last his abhorrence of heresy and his desire for its suppression, which +he proposes to effect by reviving episcopal jurisdiction under certain +limitations.[891] With all this his denunciation of the Inquisition was +unsparing, and he had ample store of atrocities with which to justify +his attacks, although there was unfairness in attributing to it, in the +nineteenth century, the cruelties which had stained its previous career. + +Alvarado was a man of extensive learning, but of little claim to the +title of philosopher, whether antiquated or modern. Though his methods +were not such as to make converts, they were well adapted to stimulate +those of his own side, for he was an effective partizan writer, fluent, +sarcastic, often coarse, vulgar and vituperative, using assertion for +argument and indifferent as to truth. The chief value of his letters is +the flood of light which they shed on the conservative attitude of the +time, which explains much in the subsequent vicissitudes of Spain. +Philosophers, he says, are wolves, robbers and devils, monsters who +cannot be regarded without horror, enlighteners who are nothing but +ignoramuses and cheats and emissaries sent by hell. To seek to undermine +popular confidence in the priesthood he holds to be a crime greater than +the crucifixion of Christ. The ferocity of his intolerance shows how +little Spanish churchmen had changed since the days of Torquemada. As to +the relations of religion and the State, he assumes that the only +function of the civil power is to punish him who offends the faith; the +Catholic religion is as intolerant as light is of darkness, or as truth +is of falsehood, and this intolerance distinguishes it from all +religions invented by man. Repeatedly and savagely he proclaims that +burning is the proper remedy for unbelief, and he tells his adversaries +that, if they wish free thought, they may go to England or to the United +States, but in Spain what they had to expect was the _quemadero_.[892] +Such advocacy could only render the Liberals more eager to accomplish +their work. + + * * * * * + +[Sidenote: _THE CONSTITUTION OF 1812_] + +While this controversy was contributing to the greater enlightenment or +obscuration of public opinion, the Córtes were engaged in framing a +Constitution. The committee entrusted with this task had a majority of +conservatives, including several ecclesiastics, but these were quite +willing to circumscribe the royal power, while seeking to extend the +privileges of the Church, and all the members signed the project as +presented.[893] It commenced by asserting the sovereignty of the nation, +which had the exclusive right to establish its fundamental laws, and +could never be the patrimony of any person or family, and it affirmed +that the religion of the nation was, and always forever would be the +Catholic, Apostolic, Roman, the only true one, which the nation protects +by wise and just laws, and prohibits the exercise of any other.[894] +This apparent concession to intolerance was denounced, when too late, as +a trap, for it placed in the hands of the representatives of the nation +the power of deciding what the wise and just laws should be for the +protection of religion. Be this as it may, the Córtes were resolved that +there should be no refusal to accept the new framework of government. +In secret session of March 16, 1812, it was decreed that whosoever +should refuse to swear to it should be declared an unworthy Spaniard and +be driven from Spain, and measures were taken to have it read in every +parish church, where the assembled people should swear to obey it and to +be faithful to the king. As the French armies were driven back, the +Spanish commanders made it their first duty to see this ceremony +performed, and where there was opposition, chiefly arising from the +priests, force was employed. A priest of the Cádiz cathedral who alluded +to it slightingly as a _libelo_, or little book, was prosecuted, and the +irreconcileable Bishop of Orense, who refused to take the oath, was +exiled and declared to be an unworthy Spaniard. As a whole, however, it +was enthusiastically accepted as the dawn of a new era, though we may +well question how many of those who took the oath comprehended the +purport of its three hundred and eighty-four articles, covering all the +complicated minutiæ of institutions based on an entirely new conception +of the relations between the Government and the governed.[895] + +It was inevitable that, in the effort to create a new Spain, the fate of +the Inquisition should be involved, especially as its disabled condition +invited attack. That a struggle was impending had long been evident to +all parties, and that this was felt to be decisive as to the character +of the future institutions of Spain is seen in the tenacity with which +it was fought. The Inquisition was the conservative stronghold, to be +defended to the last, after all the outer defences had been abandoned, +and the deep roots which it had established are manifested by the +tactics required for its overthrow, and by the fact that the contest was +the bitterest and the most prolonged in the career of the Córtes, which +had so unceremoniously converted Spain from absolutism to liberal +constitutionalism. + +Some preparation had been made for the struggle by the conservatives. +The first Regency had endeavored to reconstitute all the old Councils of +the monarchy and, on June 10, 1810, Ethenard, the Dean of the Suprema, +addressed to it a memorial requesting it to order the reassembling of +the Suprema, to which it responded, August 1st, by issuing such an +order. The scattering of the members precluded this, but, when the early +acts of the Córtes foreshadowed what was to come, on December 18th, +Ethenard and Amarillas asked the new Regency to appoint as a member the +fiscal Ibar Navarro and as fiscal the Madrid inquisitor, Galarza, thus +enabling the body to resume its functions. As no attention was paid to +this, an old member, Alejo Jimenez de Castro, who had been exiled to +Murcia by Godoy, was brought from his retreat to Cádiz, so as to have +material for a quorum present. The occasion to utilize this offered +itself in January, 1811. The freedom of the press enabled Don Manuel +Alzaibar to start "La Triple Alianza," a frankly irreligious journal, in +the second number of which there appeared an article ridiculing the +immortality of the soul and suffrages for the dead. On January 28th +advantage was taken of this to ask the Córtes to refer it to the +Inquisition for censure, which was carried in spite of opposition. The +next day the editors asked that the action be rescinded, leading to a +three days' debate in which the Inquisition was denounced as a +mysterious, cruel and antichristian tribunal and, for the first time, +its suppression was openly advocated. President Dou ruled that the +inculpated journal must be passed to the Junta de Censura, for he +understood that the Inquisition was not organized, when he was told that +there were three members of the Suprema in Cádiz, and that the Seville +tribunal was in Ceuta. This raised larger questions and the whole matter +was referred to a committee so composed that it was expected to report +against re-establishment, but it withheld its report for a long time and +meanwhile there were other moves in the game.[896] + +[Sidenote: SKIRMISHING FOR POSITION] + +On May 16th, the members of the Suprema notified the Regency that they +were prepared to act, in response to which the minister of Gracia y +Justicia expressed his surprise that they should meet as a tribunal, +without awaiting the decision of the questions submitted to the Córtes, +and forbade them from forming a Council until they should have express +authorization.[897] The matter was brought before the Córtes and +Inquisitor Riesco vainly argued in favor of the Inquisition; his motion +was referred to the committee, where it lay buried in spite of repeated +calls for a report. The Liberals insisted that a National Council would +be a more suitable body for the mature consideration of such questions; +their object was solely to gain time, which was fighting on their side, +but the idea was seriously entertained, even by the clericals. The +committee on the external discipline of the clergy reported, August 22d, +in favor of the project, with a list of matters to be submitted to the +Council; on August 28th the Córtes ordered it to be convoked, but +postponed consideration of the details. Other matters supervened and no +further action was taken, which Archbishop Vélez assures us saved Spain +from a schism, or at least from a scandal for, under the proposed +program, it would have proved a second Synod of Pistoja. In fact, the +journals naturally took a lively interest in the matter; thousands of +pamphlets, we are told, appeared everywhere, pointing out the abuses and +relaxed morals of the clergy and demanding a reform that was assumed to +be necessary. It is easy to imagine that the ecclesiastical authorities +were willing to let the project drop.[898] + +The position of the Liberals was greatly strengthened by the adoption of +the Constitution, in March 1812, as was abundantly shown in the next +debate on the Inquisition. This was provoked by the publication, in +April 1812, of the "Diccionario crítico-burlesco" of Gallardo, librarian +of the Córtes, in which all that the mass of the population held sacred +was treated with ridicule, neither refined nor witty. It created an +immense sensation and was brought before the Córtes, which enabled +Riesco, on April 22d, to call for the immediate presentation of the +report of the committee on the Inquisition, for which the Córtes had +been waiting for more than a year. The committee, in fact, had reached a +decision, in July 1811, in favor of the Inquisition, and we are not told +why it had been held back, for four members had concurred in it and only +Muñoz Torrero had dissented. The report was accordingly presented, +re-establishing the Suprema in its functions, with certain limitations +as to political action; the debate was hot, but the Liberals had taken +precautions to avoid a direct vote on the question. In a decree of March +25th, creating a supreme court of justice, they had introduced an +article suppressing the tribunals known by the name of councils, and +they pointed out that this embraced the Suprema, which gave abundant +opportunity for discussion. Even more important was a decision of the +Córtes, adroitly planned for this especial purpose, December 13, 1811, +during the discussion on the Constitution, that no propositions bearing +on the fundamental law should be admitted to debate without previous +examination by the committee on the Constitution, to see that it was not +in opposition to the articles thereof. It was notorious that +inquisitorial procedure was in direct contravention of the +constitutional provisions to secure justice in criminal prosecutions +and, after an exciting struggle and a postponement, the report was +referred to the committee on the Constitution. The Conservatives were so +exasperated that they proposed to dissolve the Córtes, and have a new +election under the Constitution, to which the Liberals agreed, except +that the new body should meet October 1, 1813, and the existing one +should remain in session until then. Archbishop Vélez tells us that the +policy of the Liberals was to gain time, for their personal safety was +at stake if the Inquisition was re-established, nor does he recognize +how monstrous was the admission involved in this, for an institution +that could prosecute and punish legislators for their official acts was +virtually the despot of the land. Doubtless the deputies felt this, and +that the struggle was one for life or death.[899] + +The flank of the enemy was thus skilfully turned. The committee on the +Constitution was in no haste to report and occupied itself with +collecting documentary material from the archives wherever accessible. +Its conclusion was that the Inquisition was incompatible with the +fundamental law and, on November 13th, it voted on a project for +establishing "Tribunales protectores de la fe" in compliance with the +constitutional requirements. Finally, on December 8th two reports were +presented. That of the minority by Antonio Joaquin Pérez, who had been +an inquisitor in Mexico, argued that the abuses of the Inquisition were +not inherent; that its procedure conflicted with the Constitution and +should therefore be modified accordingly.[900] + +[Sidenote: _DEBATE ON SUPPRESSION_] + +The majority report was a very elaborate document, tracing the treatment +of heresy from the earliest times, and pointing out the irreconcileable +incompatibility of the Inquisition with the constitutional provisions +securing to the citizen the right of open trial and opportunities for +defence. It concluded with the draft of a decree "Sobre Tribunales +protectores de la fe," in which such caution was deemed necessary that +the Inquisition was nowhere mentioned. It appealed to the national +pride, by simply reviving a law of the Partidas concerning the +prosecution of heretics by bishops, it prescribed the form and procedure +of the episcopal tribunals, the punishment by lay judges of those +pronounced guilty, and it provided for appeals as well as for the +suppression of writings contrary to religion. The reports were duly +received and January 4, 1813, was appointed for the opening of +debate.[901] + +Probably no measure before the Córtes provoked so bitter and prolonged a +debate. The Liberals had secured the advantage of position, and the +Conservatives felt that the issue involved the whole future relations of +Church and State. There was a preliminary skirmish on December 29th, +when Sánchez de Ocaña asked for a postponement until the bishops and +chapters could be consulted, on the ground that the Church was an +independent body.[902] This was voted down and the debate was opened on +the designated day, January 4, 1813. The friends of the Inquisition had +not been idle; the Church organization was in good working order, and +the Córtes were bombarded with memorials from bishops, chapters, +ayuntamientos, military officers, towns and provinces, showing how +active the canvass had been during the two years in which the subject +had been mooted. Yet the Conservatives could only procure, out of the +fifty-nine sees existing in Spain, protests from two archbishops and +twenty-four bishops, the authorities of three vacant sees, and four +chapters of those occupied by the French; while the number from officers +of the army was not large, those from towns were but a small fraction of +the municipalities, and only two provinces--Alava and Galicia--spoke +through their authorities. Muñoz Torrero declared, January 10th, that +every mail brought him mountains of letters in favor of the Inquisition +and Toreno spoke of the reclamations that came in, showing how the +signers of protests had been coerced.[903] + +The debate was vigorous and eloquent on both sides but, while it took +the widest range, embracing the history of the Church from apostolic +times and the career of the Inquisition from the thirteenth century, the +parliamentary question in reality turned upon the power of the Córtes to +intrude in the sphere of ecclesiastical jurisdiction. After discussion +lasting until January 22d on the preliminary propositions, the decree +itself was taken up, article by article and strenuously fought over; +amendments were presented and accepted or rejected, as they strengthened +or weakened the measure, and hot resistance was offered to the clauses +allowing appeals from the judgements of the bishops, which the Liberals +supported on the ground that all the members who opposed the Inquisition +had been denounced throughout Spain as heretics, and the safety of the +citizen demanded that episcopal definition of heresy should not be +final. The debate was prolonged until February 5th, when the last +article was agreed to, and the decree in its final shape did not differ +essentially from that proposed by the Committee. There was no formal +suppression of the Inquisition; it was simply declared to be +incompatible with the Constitution and the law of the Partidas was +revived. This latter had been agreed to on January 26th by a vote of 92 +to 30, and that date was assumed as determining the extinction of the +Inquisition, regulating the disposition of its property. It is not worth +while to recapitulate the details of the episcopal tribunals and the +provisions for censorship, as the bishops took little interest in the +exercise of their restored jurisdiction, though there are traces of +their action in one or two cases--that of Joaquin Ramírez, priest of +Moscardon and of Doña Antonia de la Torre of Seville.[904] During the +seventeen months that elapsed until the re-establishment of the +Inquisition, we are told that, although the land was full of Freemasons +and other anticatholics, the bishops had no occasion to arrest any one, +for no informers or accusers came forward--doubtless because they +realized that their names would be known.[905] + +[Sidenote: _THE INQUISITION SUPPRESSED_] + +In the debate several ecclesiastics distinguished themselves by their +able advocacy of the measure, among whom were pre-eminent Muñoz Torrero, +who had borne a leading part in drafting the decree; Lorenzo Villanueva, +who had defended the Inquisition against Bishop Grégoire, and Ruyz +Padron, parish priest of Valdeorras in Galicia and formerly of the +Canaries. How they fared in consequence we shall see hereafter. On the +other side one of the most vehement was Pedro Inguanzo, who was rewarded +with the see of Zamora, and ultimately with the archbishopric of Toledo. + +The Liberals had won their victory by unexpectedly large majorities, +indicating how great had been the advance in public opinion. No measure +had created such intensity of feeling on either side; the rejoicing of +the Liberals was extravagant, and the anger of the clerical party may be +gauged by the declamation of Archbishop Vélez, who is as vehement as +though the whole fate of Christianity was at stake--the abomination of +desolation, he declares, seemed to have established its throne in the +very house of God.[906] The clergy had already been alienated by various +measures adverse to their interests--the appropriation of a portion of +the tithes to the support of the armies, the escheating of the property +of convents destroyed by the invaders, or having less than twelve +inmates, and the abrogation of the Voto de Santiago, a tax on the +agriculturists of some provinces based on a fraudulent tradition of a +vow made by Ramiro I, when, by the aid of St. James, he won the +suppositious victory of Clavijo.[907] The debate on the Inquisition had +heightened the reputation of the Córtes as an irreligious body, and it +was not wise to inflame still further the hostility of a class wielding +such preponderating influence, but the Liberals, intoxicated by their +victory, proceeded to render the measure as offensive as possible to the +defeated clericals. + +On February 5th, after the final vote, the committee on the Constitution +was instructed to prepare a manifesto setting forth the reasons for the +suppression of the Inquisition which, together with the decree, should +be read in all parish churches for three consecutive Sundays, before the +offertory of the mass; that in all churches the insignia of those +condemned and penanced should be removed, and that a report should be +made as to the disposition of the archives of the tribunals. The +preparation of the manifesto delayed the publication of the decree until +February 22d, for it was a long and wordy document, in which the +decadence of Spain was attributed to the abuses of the Inquisition; the +ancient laws had therefore been revived, restoring their jurisdiction to +the bishops, in whose hands the Catholic faith and its sublime morals +would be secure; Religion would flourish, prosperity would return, and +perchance this change might some day lead to the religious brotherhood +of all the nations.[908] + +It was not long before the imprudence of this step manifested itself, +for it gave the Church a battle-ground on which to contest, not only the +reading of the manifesto but the execution of the decree itself and, if +defeated, of occupying the advantageous position of martyrdom. +Opposition had for some time been in preparation. As early as December +12, 1812, the six bishops of Lérida, Tortosa, Barcelona, Urgel, Teruel +and Pampeluna, in the safe refuge of Majorca, had prepared a manifesto +widely circulated in private, representing the Church as outraged in its +ministers, oppressed in its immunities, and combated in its doctrines, +while the Jansenist members of the Córtes were described as adherents of +the Council of Pistoja.[909] No sooner was the decisive vote of February +5th taken than the chapter of the vacant see of Cádiz prepared for a +contest over the reading of the decree and manifesto. It had already +appointed a committee of three with full powers, and it now instructed +the committee to communicate secretly with refugee bishops in Cádiz, and +with chapters elsewhere, with a view to common action. Letters were sent +to the chapters of Seville, Málaga, Jaen and Córdova, representing that +the Cádiz chapter was ready to be the victim, but would be strengthened +by the union of others. Seville replied with promises to do the same; +the rest more cautiously, for they felt that they were treading on +dangerous ground. + +[Sidenote: _RESISTANCE OF THE CLERGY_] + +This dampened somewhat the ardor of the fiery Cádiz chapter and it +sought for other support. On February 23d the parish priests and army +chaplains of Cádiz were assembled and addressed the chapter at great +length. To read the decree and manifesto would be a profanation and a +degrading servility. The papal constitutions creating the Inquisition +were binding on the consciences of the faithful, until revoked by the +same authority, and from this obligation the secular power could not +relieve them. To obey would be to incur the risk of a dreadful +sacrilege, and the penalties for impeding the Inquisition imposed by +Julius III and Sixtus V; it was better to fall into the hands of man +than into those of God, and they were ready to endure whatever fate +might befall them. This was rank rebellion, slightly moderated by the +expression of a desire to learn the opinions of the holy prelates who +were in Cádiz. The chapter duly transmitted this address to the +prelates--the Bishops of Calahorra, Plasencia, San Marcos de Leon, +Sigüenza and Albarracin (Calahorra and San Marcos were deputies in the +Córtes and had signed the Constitution)--stating that it entertained the +same sentiments and repeated the request for their opinion. The bishops +replied cautiously, and in substance advised that representations be +made to the Government, which might be induced to modify its +decrees.[910] + +Time was growing short, for March 7th had been designated as the first +Sunday for reading the decree and manifesto. On March 3d a capitular +meeting was assembled, in which it was unanimously resolved to obey, but +to make use of the provisions which authorize citizens to obey without +executing and to represent reverentially the reasons for suspending +action until further determination.[911] This was the first step in the +development of a somewhat formidable plot which was organizing. On March +5th the papal nuncio, Pedro Gravina, Archbishop of Nicæa, addressed to +the Regency a very significant protest against the decree itself. The +abolition of the Inquisition, he said, was contrary to the primacy of +the Holy See; he protested against this and he asked the Regency to +induce the Córtes to suspend its publication and execution until happier +times might secure the consent of the pope or of the National Council. +On the same day he was guilty of the indiscretion of writing to the +Bishop of Jaen and to the chapters of Málaga and Granada, under strict +injunctions of secrecy, advising them of the proposed resistance of the +Cádiz chapter and inviting their coöperation.[912] The next day, March +6th, the chapter sent to the Regency the address of the priests and +chaplains of Cádiz, with a communication setting forth the reasons which +not only prevented the execution of the mandate of the Córtes, but +imperiously required the secular power to protect the Church and relieve +it from an act in contravention of its honor and sanctity. The Chapter, +it argued, could not be accused of disobedience for insisting on the +spiritual law which was more binding than the temporal.[913] + +The Regency evidently was participating in the plot to overthrow the +Córtes for the purpose of saving the Inquisition. The legislative and +executive branches of the Government had become estranged. There had +been dissension in the matter of the suppression of the convents, and an +investigation made by the Córtes into the affairs of the Regency had led +to a damaging report on February 7th. The Liberals were convinced that +it was planning a _coup d'état_ when, on the night of Saturday, March +6th the rumor spread that it had dismissed the Governor of Cádiz, D. +Cayetano Valdés, and had replaced him with D. José María Alós. Sunday +passed without the reading of the decree and manifesto in the churches +and, on Monday, the minister of Gracia y Justicia sent to the Córtes the +communications of the chapter to the Regency. A permanent session was at +once declared; the Córtes dismissed the regents and replaced them with +the three senior members of the Council of State, Cardinal Luis de +Bourbon, Archbishop of Toledo, D. Pedro Agar and D. Gabriel Ciscar, who +forthwith took the oaths and at 9 P.M. assumed possession of their +office, the dismissed regents offering no resistance.[914] + +[Sidenote: _RESISTANCE OF THE CLERGY_] + +Harmony between the legislature and the executive being thus restored, +on March 9th the Córtes ordered the Regency to compel obedience. Under +threats of measures to be taken, the chapter yielded at 10 P.M. and +promised that the next morning, and on the two following Sundays, the +decree and manifesto should be duly read. It was obliged to furnish +authentic copies of all papers and correspondence, on the basis of which +a sharp reprimand was addressed to the Seville chapter and, on April +24th, prosecution was commenced against the Cádiz capitular vicar and +the three members of the committee, for treasonable conspiracy. Their +temporalities were seized and for six weeks they were imprisoned, +incomunicado. The trial dragged on until the restoration of Fernando VII +rendered acquittal a matter of course and enabled them, in their +defence, to declare that to destroy the Inquisition or to impede its +action in matters of faith was the same as prohibiting the jurisdiction +of the Roman Pontiff, thus trampling under foot a dogma established by +Jesus Christ.[915] + +The documents thus obtained showed that Nuncio Gravina had been active +in furthering the plot of resistance. Now that it had been crushed, +policy would have dictated dropping the matter but, on April 22d, the +minister of Gracia y Justicia addressed him a sharp letter, expressing +the confidence of the Regency that he would in future observe the limits +of his office, as otherwise it would be obliged to exercise all its +authority. To this he of course replied defiantly; whenever +ecclesiastical matters were concerned he might find himself obliged to +follow the same course, and the Regency could do as it pleased. Some +further correspondence followed in the same vein and then, after an +interval, his passports were sent to him, his temporalities were seized, +and he was informed that the frigate Sabina was at his disposal to +transport him whither he desired.[916] He declined the proffered frigate +and established himself in Portugal, near the border, whence he +continued busily to stir up disaffection, assuming that he still +retained his functions as nuncio. On July 24th he addressed a protest to +the Government and sent a circular to the bishops inviting them to apply +to him in cases requiring his aid. This led to a lively controversy, in +which the Government charged him with deceit and he retorted by accusing +it of falsehood and challenging it to publish the documents.[917] + +This was by no means the only trouble excited by the enforced reading of +the decree and manifesto. Recalcitrant priests were found in many +places, whose cases caused infinite annoyance and bad blood and the +Bishop of Oviedo was recluded in a convent for refusing obedience.[918] +The Government triumphed, but it was a Pyrrhic victory, multiplying its +enemies, heightening its reputation for irreligion, and weakening its +influence.[919] + +The result was seen in the elections for the new _Córtes ordinarias_, +when the deputies returned were largely reactionary, owing to clerical +influence. There were many vacancies, however, which were filled by the +old members for the corresponding places, and thus the parties were +evenly balanced. The new Córtes met, September 26th and, on November +29th adjourned to meet in Madrid, January 15, 1814; the Regency +transferred itself to Madrid, January 5th.[920] By that time the French +were virtually expelled from Spain; Wellington was following Soult into +France, and Suchet was barely holding his own against Copons in +Catalonia. + +The return of Fernando el Deseado was evidently at hand and was eagerly +expected. The reaction following the prolonged excitement of the war was +beginning to be felt. There was widespread misery in the devastated +provinces, the relief of which was slow and difficult and was aggravated +by a decree of the Córtes requiring those which had been subjugated to +pay the arrears of the war contributions. Dissatisfaction with the +Córtes was aroused by what were regarded as their sins both of +commission and omission--the lowering of the value of French money +caused great suffering and trouble; all who had served under the intruso +were ejected from office; the parish priests were reinstated in their +old cures, which turned into the streets the new incumbents; people +began to grumble at the preponderance of the Liberals in the Córtes--in +short, there was no lack of subjects of complaint.[921] Exhaustion and +poverty, the inevitable consequences of so prolonged and desperate a +struggle, produced discontent, and it was natural that those who had +guided the nation through its tribulations should be held responsible, +while their services should be forgotten. The military also were +dissatisfied at finding that, at the close of a successful war, they had +not the importance that they considered to be their due, while the +clergy were outspoken in opposition and, through two widely circulated +journals, "El Procurador de la Nacion y del Rey" and " La Atalaya de la +Mancha," attacked the Government furiously.[922] + +[Sidenote: _FERNANDO'S RETURN_] + +During all this period, Fernando's existence at Valençay had been as +agreeable as was consistent with his safe-keeping. The only restriction +on his movements was a prohibition to ride on horseback; Napoleon is +said to have kept him supplied with women to satisfy his strongly +developed sensuality, and he manifested his characteristic baseness in +letters to his captor congratulating him on his victories and soliciting +the honor of a matrimonial alliance with his family. After the battle of +Leipzig, Napoleon, striving to save what he could from the wreck, +represented to Fernando that the English were seeking to convert Spain +into a Jacobin republic; Fernando was ready to agree to any terms and, +on December 11, 1813, there was signed what was known as the Treaty of +Valençay, under which peace was declared between France and Spain, the +English and French troops were to be withdrawn, the Afrancesados, who +had taken refuge in France, were to be restored to their property and +functions, and Fernando was to make a yearly allowance of 30,000,000 +reales to his father and mother.[923] + +Fernando sent the Duke of San Carlos with the treaty to Madrid for +ratification, instructing him that, if he found the Córtes and Regency +infected with Jacobinism, he was to insist on ratification pure and +simple; if he found them loyal, he was to say that the king desired +ratification, with the understanding that he would subsequently declare +it invalid. The treaty excited general indignation. As early as January +1, 1811, the Córtes had decreed that they would recognize no treaty made +by the king in captivity, and that he should not be considered free +until he was surrounded by his faithful subjects in Córtes. Now the +Córtes responded to Fernando's message with a decree of February 2, +1814, reissuing the former one and adding that obedience should not be +rendered to him until he should, in the Córtes, take an oath to the +Constitution; on his arrival at the frontier this decree was to be +handed to him, with a copy of the Constitution that he might read and +understand it; he was to follow a route prescribed by the Regency and, +on reaching the capital, he was to come directly to the Córtes, take the +oath, and the government would then be solemnly made over to him. All +this was agreed to with virtual unanimity; it was signed by all the +deputies and was published with a manifesto denouncing the treaty and +expressing the warmest devotion to the king. The publication aroused +general indignation at the treaty and the manifesto elicited universal +applause.[924] + +To Fernando, trained in the traditions of absolutism, the Treaty of +Valençay was vastly preferable to the reception prepared for him, but he +uttered no word of dissent when, after Napoleon had liberated him +without conditions on March 7th, he was transferred by Suchet, on the +banks of the Fluviá, March 24th, to Copons, the Captain-general of +Catalonia. He exercised volition however in deviating from the route +laid down by the Regency, and made a detour to Saragossa on the road to +Valencia, but he preserved absolute silence as to his intentions. +Everywhere he was received with delirious enthusiasm; the people +idealized him as the symbol of the nationality for which they had +struggled through five years of pitiless war, and there were no bounds +to their exuberance of loyalty. + + +THE RESTORATION. + +To few men has it been given, as to Fernando, to exercise so profound +and so lasting an influence on the destinies of a nation. His ancestor, +Henry IV, had a harder task when he undertook to impose harmony on +compatriots who, for a generation had been savagely cutting each others' +throats. Fernando came to a nation which had been unitedly waging war +against a foreign enemy. Differences of opinion had grown up, as to the +reception or rejection of modern ideas, and parties had been formed +representing the principles of conservatism and innovation; mistakes had +been made on both sides and bitterness of temper was rising, but a wise +and prudent ruler, coming uncommitted to either side and +enthusiastically greeted by both, could have exorcised the demon of +faction, could have brought about compromise and conciliation, and could +have gradually so trained the nation that it could have traversed in +peace the inevitable revolution awaiting it. This was not to be. +Unfortunately Fernando was one of the basest and most despicable beings +that ever disgraced a throne. Cowardly, treacherous, deceitful, selfish, +abandoned to low debauchery, controlled by a camarilla of foul and +immoral favorites, his sole object was to secure for himself the +untrammelled exercise of arbitrary power and to abuse it for sensual +gratification. Cruel he was not, in the sense of wanton shedding of +blood, but he was callously indifferent to human suffering, and he +earned the name of Tigrekan, by which the Liberals came to designate +him.[925] + +[Sidenote: _REACTION_] + +When Fernando entered Spain he was naturally undecided as to the +immediate attitude to be assumed towards the changes made during his +absence, but the enthusiasm of his reception and the influence of the +reactionaries who surrounded him emboldened him in the determination to +assert his autocracy. Several secret conferences were held during the +journey to decide whether he should swear to the Constitution, and the +negative opinion prevailed. In fact, to a man of Fernando's character, +voluntary obedience to the Constitution was an impossibility. Not only +did it declare that sovereignty resided in the nation, with the +corresponding right to determine its fundamental laws, but the powers of +the crown were limited in many ways; the Córtes reserved the right to +exclude unworthy aspirants to the succession, and to set aside the +incumbent for any cause rendering him incapable--clauses susceptible of +most dangerous interpretation. At this very time, indeed, the Córtes +were deliberating on the appropriation to be made to the king for the +maintenance of his court, which implied the right to subject him to the +most galling conditions.[926] + +If anything was needed to induce him to assert the full powers enjoyed +by his predecessors it was afforded by a manifesto known as the +Representation of the Persians, from an absurd allusion to the ancient +Persians in the opening sentence. This was signed by sixty-nine deputies +to the Córtes; at much length and with turgid rhetoric it set forth the +sufferings inflicted on Spain by the Liberals; it argued that all the +acts of the Córtes of Cádiz were null and invalid; it pointed out the +limitations on the royal power prescribed by the Constitution, and it +asserted that absolute monarchy was recognized as the perfection of +government. It did not omit to declare that the Inquisition was +indispensable to the maintenance of religion, without which no +government could exist; it dwelt on the disorders consequent upon its +suppression and it reminded Fernando that, from the time of the Gothic +kingdom, intolerance of heresy was the permanent law of the nation. Even +if the king should think best to swear to the Constitution, the +manifesto protested that it was invalid and that its destructive +principles must be submitted to the action of Córtes assembled according +to the ancient fashion. This paper, dated April 12th, was drawn up and +secretly circulated by Bernardo Moza Reales, who carried it to Valencia +and presented it to Fernando, receiving as reward the title of Marquis +of Mataflorida.[927] + +Fernando reached Valencia April 16th and paused there until May 4th, +while secret preparations were made to overthrow the government. The +Córtes, unaware of the contemplated treachery, were amusing themselves +in arranging the hall for the solemnity of the king's oath and his +acknowledgement as sovereign, and took no measures for self-protection. +Troops were secretly collected in the vicinity of Madrid, under General +Eguia, a violent reactionary, who was made Captain-general of New +Castile. On the night of May 10th, when Fernando was nearing the +capital, Eguia notified Joaquin Pérez, President of the Córtes, that +they were closed; troops took possession of the hall and the archives +were sealed, while police-agents were busy making arrests from a list of +thirty-eight marked for proscription, including two of the regents, two +ministers and all the more prominent liberal deputies.[928] No +resistance was encountered and the precedent was established which has +proved so disastrous to Spain. + +[Sidenote: _DESPOTISM RE-ESTABLISHED_] + +In the early dawn of the 11th, there was found posted everywhere a royal +manifesto dated at Valencia on the 4th. In this, after a rambling +summary of antecedent events, Fernando promised to assemble as soon as +possible Córtes of the old fashion and, in conjunction with them, to +establish solidly whatever was necessary for the good of the kingdom. He +hated despotism; the enlightenment and culture of Europe would never +permit it, and his predecessors had never been despots. But the Córtes +of Cádiz and the existing body were illegal and all their acts were +invalid; he did not intend to swear to the Constitution or to the +decrees of the Córtes, but he pronounced them all void and of no effect, +and any one supporting them in any manner or endeavoring to impede the +execution of this manifesto was declared to be guilty of high treason +and subject to the death-penalty.[929] It is perhaps needless to say +that the promised convocation of Córtes and the salutary legislation +never took place. All the modernized institutions framed since 1810 were +swept away at a word, the old organization of Government was restored, +and Fernando was an absolute despot, disposing at his pleasure of the +lives and property of his subjects who had fought so desperately for his +restoration. + +How he used this power was manifested in the case of the fifty-two +prisoners who were arrested at the time of the coup d'état. Nineteen +months were spent in endeavoring to have them condemned by tribunals and +commissions formed for the purpose, but no crime could be proved that +would not equally affect all who had voted with them, many of whom stood +in high favor at court. The last tribunal convened for their trial +advised Fernando to sentence them in the exercise of his royal +omnipotence, and he did so, December 17, 1815, sending them to distant +fortresses, African presidios and convents, with strict orders to allow +them to see no one and to send or receive no letters.[930] As regards +the three specially obnoxious clerical deputies, Villanueva was recluded +for six years in the convent of la Salceda, from which we shall see him +emerge and again play a brief part on the political stage. Muñoz Torrero +was sent to the convent of Erbon, in Galicia. He finally fell into the +savage hands of Dom Miguel of Portugal and perished, after severe +torture, in 1829.[931] Ruiz de Padron was not on the list of the +proscribed; he had not been elected to the new Córtes but was detained +by sickness in Cádiz. On his return in May to his parish of Valdeorras, +his bishop, Manuel Vicente of Astorga, made a crime of his absence from +his cure without episcopal licence and prosecuted him for this and for +sustaining in the Córtes projects adverse to religion and the throne. On +November 2, 1815, he was sentenced to perpetual reclusion in the desert +convent of Cabeza de Alba and, to prevent appeal, the bishop sent the +process to the Inquisition of Valladolid. Ruiz appealed to the +metropolitan, but the bishop refused to allow the appeal. Then a +_recurso de fuerza_ to the Chancellery of Valladolid was tried, which +thrice demanded the process before the bishop, to escape exposure in a +secular court, allowed the appeal. Finally the metropolitan annulled the +proceedings and Ruiz was set at liberty, after four years' imprisonment, +broken in health and ruined in fortune. This action probably superseded +a prosecution against him for printing his speech in the Córtes against +the Inquisition, a prosecution commenced by the Madrid tribunal and +transferred to Valladolid.[932] + + * * * * * + +[Sidenote: _REORGANIZATION_] + +It was at first thought that the manifesto of May 4th, by invalidating +all the acts of the Córtes, in itself re-established the Inquisition. In +fact, Seville, its birth-place, had not waited for this and, on May 6th, +a popular tumult restored it. The next day its banner, piously preserved +by Don Juan García de Negra, a familiar, was solemnly conducted to the +castle of Triana by a procession, at the head of which marched Juan +Acisla de Vera, coadministrator of the diocese; the Te Deum was sung in +the cathedral, the houses were illuminated and splendidly adorned with +tapestries.[933] All this was premature, as likewise were the attempts +made by some tribunals to reorganize, for the absence of an +inquisitor-general and Suprema rendered irregular the transaction of +business. Representations were made to the king by Seville and other +towns, by the chapter of Valencia, and by bishops, praying him to take +action, and the scruples as to the intervention of the civil power in +spiritual affairs vanished.[934] Fernando accordingly, by decree of July +21, 1814, recited the appeals made to him and announced that he deemed +it fitting that the Holy Office should resume the exercise of its +powers, both the ecclesiastical granted by the popes and the royal, +bestowed by his predecessors. In both of these the rules in force in +1808 were to be followed, together with the laws issued at sundry times +to restrain abuses and curtail privileges. + +But, as other reforms might be necessary, he ordered that, as soon as +the Suprema should assemble, two of its members, selected by him, and +two of the Royal Council should form a junta to investigate the +procedure and the methods of censorship and, if they should find +anything requiring reform, they should report to him that he might do +what was requisite.[935] Even the Córtes could not assert more +authoritative domination. + +The inquisitor-generalship was filled by the appointment of Francisco +Xavier de Mier y Campillo, Bishop of Almería, and the vacancies in the +Suprema were supplied. The junta of reform was organized and met and +consulted. In 1816 we hear of their being still in session, but we are +told that they found nothing requiring amendment.[936] + +The Suprema lost no time in getting to work. A circular of August 8th, +to the tribunals, enclosed the royal decree and announced that, in +virtue of it, the council was that day restored to its authority and +functions, which had been interrupted only by the invasion and the +so-called Córtes. The tribunals were ordered to proceed, as in former +times, with all business that might offer, and the officials were to +discharge their accustomed duties, until the Bishop of Almería should +receive his bulls. Lists of all officials were to be sent, with +statements of their dates of service, and of popular report as to their +conduct during the troubles, and whether they had publicly attacked the +rights of the sovereign and of the Holy Office. A process of +"purification" ensued, investigating the records of all officials, many +of whom had bowed to the tempest during the short-lived triumph of +Liberalism. April 7, 1815, a circular letter directed that any one who +had petitioned the Córtes for the abolition of the Inquisition, or had +congratulated them on their action, was no longer to be regarded as in +office or entitled to wear the insignia, but considerable tenderness was +shown to the erring. Thus Don Manuel Palomino y Lozano, supernumerary +secretary of the Madrid tribunal, had signed an address of +congratulation to the Córtes, but on his pleading coercion and fear he +was allowed to retain office.[937] + +Allusion has already been made (Vol. II, p. 445) to the difficulties +experienced in re-constituting an institution which, during five years +of war, had been exposed to spoliation and destruction, resulting, in +some places, in the wrecking of its buildings, the purloining of its +movables and the scattering of its papers. Thus, for instance, in +September and October 1815, the Logroño tribunal, which had lost its +habitation, was negotiating with the Marquis of Monasterio for his +house, which he offered rent-free, if it would keep the premises in +repair and make the necessary alterations; the Suprema instructed it to +secure better terms if it could, and to be very economical with the +alterations.[938] As late as 1817 we chance to learn that Santiago and +Valladolid had no prisons and, in 1819, that Llerena was in the same +plight.[939] + +The financial question was even more serious. We have seen how, under +Godoy, the tribunals had been obliged to convert all their available +securities into Government funds, which of course had become worthless, +and how the Córtes, by decree of December 1, 1810, had applied the +suppressed prebends to the conduct of the war. It must therefore have +been well-nigh starved when suppressed by the Córtes, but there was no +disposition to expose individuals to suffering and, when its property +was declared to belong to the nation, elaborate provision was made for +the payment of salaries and the customary gratifications, though we may +safely assume that in the majority of cases, these kindly intentions +failed of effect.[940] + +[Sidenote: _FINANCIAL TROUBLES_] + +When re-establishment came the task of gathering the salvage from the +wreck of the past six years was most disheartening. The royal decree +simply called on the Inquisition to resume its functions and said +nothing about its property, the restoration of which was evidently taken +for granted, under the manifesto invalidating the acts of the Córtes. +There was no disposition, however, on the part of the treasury officials +to do this and, in response to a consulta of August 11th, the king, on +the 18th, issued an order on them to make over to the tribunals all real +estate of every kind that had been absorbed by the treasury, the account +of rents to be made up to July 21st and apportioned on that basis. This +left personal property out of consideration and a further decree was +procured, September 3d, ordering the restoration of everything that had +passed into the Caja de Consolidacion, as well as the fruits of the +suppressed prebends, balancing the accounts up to July 21st.[941] This +was slackly obeyed; the necessities of the tribunals were pressing, and +the Suprema presented consultas of October 1st and 23d asking that they +should be allowed to collect the revenues, and that restitution should +be made of all past collections or, in default of this, that a monthly +allowance of eighty thousand reales be made to the Inquisition. To this +Fernando replied that the needs of the royal treasury did not permit the +repayment of back collections, nor could it meet the proposed monthly +allowance, but it was his will that such payments as the General +Treasury and the Junta del Crédito Público could spare should be made as +a payment on account for the most necessary expenses of the Inquisition. +This last was doubtless an empty promise; the royal financiers were +determined not to go back of July 21st, and it appears, by a letter of +December 16th, that the royal officials were still making collections. +The most that the Suprema could accomplish was to procure from the Junta +del Crédito Público an order of January 9, 1815, and from the chief of +the Treasury one of January 30th, to their subordinates to cease +collecting from the property of the Inquisition, under the rigid +condition that an account should be kept by the tribunals of their +collections, so that whatever they might obtain of arrears due prior to +July 21st should enure to the benefit of the Government.[942] In this, +however, there was recognized the justice of a claim for the unpaid back +salaries of the officials, and elaborate arrangements were made to +ascertain and put these in shape, but it was labor lost. The treasury +was at too low an ebb, and the claimants for services rendered during +the troubled years of war and revolution were too numerous, for the +Inquisition to obtain what it demanded. + +The Suprema was also diligent in seeking to recover the amounts which +the tribunals had been obliged to invest in Government securities, but +this was as fruitless as other attempts to save fragments of the wreck. +The last we hear of it is in 1819, when the Suprema was still +endeavoring to meet the exigencies of the Treasury in framing lists of +the dates and numbers of the bonds.[943] + +It was difficult to evolve order out of the chaos of destruction, +especially where the papers had been scattered, so that evidences of +indebtedness and accounts were lost, interfering greatly with efforts to +reclaim property. In November, 1814, we find the Valencia tribunal +issuing an edict requiring the return of all books and papers and +records within fifteen days, under pain of excommunication and two +hundred ducats; as to the furniture and other effects, they were to be +restored under threat of legal proceedings. Although Valencia had been +for two years under French occupation, it seems to have been more prompt +than some others in getting its finances into intelligible condition. In +November the Suprema calls upon it for a detailed schedule of resources +and expenses and, in the latter it is not to omit the contribution +required by the Suprema, amounting to 130,896 reales, and meanwhile it +is not to pay out anything for salaries or other purposes without +awaiting permission. Under this it was allowed, January 21, 1815, to pay +salaries up to the end of 1814, and in May to make further payments. Yet +in 1816 we find it reduced to seeking a loan wherewith to meet the +salaries and a sum of thirteen thousand reales demanded by the +Suprema.[944] + +The Suprema itself, despite the contributions which it sought to levy +from the tribunals, was in a condition of penury so absolute that, on +July 3, 1815, it announced that it had no funds wherewith to pay the +salaries of its officials or the postage on the official communications +from the tribunals, which must therefore in future arrange with the +Post-Office to prepay the postage and settle monthly or quarterly. This, +however, as it explained August 19th, applied only to what was addressed +to it as, under a decree of May 19, 1799, letters to the +inquisitor-general and other heads of councils were carried free.[945] + +[Sidenote: _RESUMPTION OF FUNCTIONS_] + +There was gradual improvement, but it was slow. A carta acordada of +September 3, 1818, says that the Suprema cannot view with indifference +the deplorable financial condition of nearly all the tribunals, whose +diminished revenues force them to allow the meagre salaries of their +officials to fall into arrears, nor can it close its ears to the clamors +of these unfortunates, reduced as they are to the deepest indigence. +Seeking for partial remedies, it must insist on the avoidance of all +expenses not absolutely indispensable, and the suppression of all +superfluous offices. One of these is the notariate of the court of +confiscations; when it falls vacant it is not to be filled, and its +duties are to be performed by the secretary of sequestrations, whose +salary will consequently be raised by fifty ducats. This was a somewhat +exiguous conclusion of so solemn an exordium, seeing that the actual +work of the tribunals could readily have been performed by less than +half the officials who swelled their pay-rolls, but it is not without +interest as showing how persistently the old inflated organization was +maintained, and was struggling to support itself on the remnants of its +once prosperous fortunes. Under such a system, poverty naturally +continued to the last. When the Revolution of 1820 broke out, and the +Seville tribunal contributed six thousand reales to the committee +organized to resist the rising, it had no funds and was obliged to +borrow the money on interest. As almost the first act of the successful +revolutionists was to suppress the Inquisition, the lenders in this case +doubtless found themselves to be involuntary contributors.[946] At this +time the Seville tribunal had a force of twenty-eight officials, with a +pay-roll of 92,300 reales, while the amount of its work may be gathered +from the fact that the revolutionists found only three prisoners to +release.[947] + + * * * * * + +Thus amid difficulties and tribulations the tribunals one by one resumed +their functions. In October, 1814, Seville was prosecuting Lt. Colonel +Lorenzo del Castillo for propositions; Saragossa was receiving the +self-denunciation of Mathias Pintado, priest of Bujanuelo, for heregia +mista, and Valencia was suspending the sumaria of the Capuchin Fray +Pablo de Altea for _mala doctrina_, while in December Murcia was +prosecuting Don Josef de Zayas, a prominent lieutenant-general of the +royal army, for Free-Masonry.[948] Business, however, at the first was +scanty. In the book of secret votes of the Suprema, there is an interval +from December 22, 1814, until February 16, 1815. As the months of 1815 +passed on, the breaks grow shorter and, by the summer of 1815, the +decrees follow each other closely. Valladolid seems to have been +dilatory in getting to work for, although it had three inquisitors +drawing salary, no case came up from it until January, 1817, and, from +this one it would seem that it had not been in operation until October, +1816.[949] + +The prosecution of such a man as Zayas shows that the reorganized +Inquisition did not hesitate to grapple with those in high place, and +another early case illustrates this still more forcibly. During the +French occupation the Duke and Duchess of Sotomayor and the Countess of +Mora had obtained possession of the books and indecent pictures +accumulated in the Madrid tribunal. Apparently they refused to surrender +them; the tribunal prosecuted them and rendered a sentence, subject to +the royal permission, that these objects should be seized, but in such a +manner as not to attract attention or to provoke resentment. The Suprema +confirmed the sentence, ordering its execution by a single inquisitor, +accompanied by a secretary, so as to reconcile the respect due to the +parties with the secrecy that was essential.[950] + +A politic act was the issue of a general pardon for all that had +"impiously and scandalously" been uttered and done against the +Inquisition under the fatal circumstances of the recent troubles.[951] +It could afford to assume this attitude of magnanimity, seeing that the +Government was pitilessly avenging it on its most prominent adversaries. +When the Government failed in this duty, the Inquisition had no +hesitation in nullifying its edict of pardon. We have seen its +prosecution of Ruiz de Padron, until it found that the Bishop of Astorga +was rendering this superfluous, nor was this by any means an isolated +case. In August, 1815, we find the Suprema acting on sumarias from +Canaries, in the cases of Mariano Romero, a priest, for a sonnet against +the Inquisition, and of Francisco Guerra for a sonnet and an epitaph of +the same character. So, in November, 1815, there is a prosecution of the +Duke of Parque Castrillo for congratulating the Córtes on the abolition +of the Inquisition and for a general order to the troops, December 2, +1812. His case dragged on until June 10, 1817, when its suspension was +ordered.[952] + +[Sidenote: _FERNANDO'S FAVOR_] + +Yet it was not easy to revive the old-time veneration for an institution +that had been so buffeted and roughly handled by the press and the +Córtes. A couple of cases in Madrid, in 1814, of women in whose shops +scandalous pictures and objects were exhibited, would seem to indicate +that its commands were not obeyed with alacrity.[953] It was doubtless +with a view of overcoming this indifference that Fernando himself +assumed the office of an inquisitor, February 3, 1815, when he visited +the Suprema, presided over its deliberations and participated in its +decisions, examined all the offices and expressed his royal satisfaction +with the methods of procedure. By royal permission the Suprema sent its +president and three members to return the visit and express its +gratitude for a mark of royal favor such as Ferdinand the Catholic nor +any of his successors had ever made. A full report was printed in the +Gaceta of February 16th, copies of which the Suprema sent to the +tribunals with orders to read it to the officials and place it in the +archives.[954] With the same purpose, he erected, as we have seen, the +Congregation of San Pedro Martir to a knightly Order, with a habit and +badge and, on April 6th, the feast of St. Peter Martyr, he presided over +the Congregation, with his brothers Carlos and Antonio, wearing the +insignia. In communicating this to the tribunals, the Suprema rendered +it especially impressive by ordering them to commence the payment of +salaries earned since July 21st and to continue it monthly.[955] Noble +courtiers doubtless found that assuming office in the Inquisition was an +avenue to royal favor, and we speedily see many of them submitting their +genealogies for this purpose. The great Duke of Berwick and Alva, +Fitzjames Stuart Silva Stolberg y Palafox, thus seeks the office of +alguazil mayor of the tribunal of Córdova; the Marquis of Altamira does +the same for the position of honorary secretary in that of Madrid, and +we happen to hear of the Count of Mazeda, a grandee of the first class, +serving as alguazil mayor of the tribunal of Santiago, and the Marquis +of Iscar as honorary secretary to the Suprema.[956] + +In spite of all this, the Inquisition could not regain its former +position. Not only was it not respected but it dared not to enforce +respect. Two Edicts of Grace for Free-Masons were issued, January 2d and +February 12, 1815, when the Valladolid tribunal sent those for Medina +del Campo and its district to its commissioner Victor González to be +posted. The vicar-general and Ordinary, Doctor Josef Suárez Talavera, as +ecclesiastical judge, demanded that they should pass through his hands, +and when they were posted they bore the MS. subscription "Fixese, Doctor +Suárez," thus assuming that it was by his permission, and arrogating to +himself a jurisdiction superior to that of the Inquisition. When this +was reported to the tribunal it ordered González to take them down and +replace them with unsullied ones, which he did. Thereupon Suárez sent +him word that, but for starting on a journey, he would make him repent +and that, had he known of his being in Medina he would have cast him in +prison and seen who could get him out. The tribunal meekly swallowed +this flagrant insult; it was under instructions to perform no act +indicating jurisdiction superior to that of the Ordinaries, so it +quietly gathered evidence verifying the facts and sent the papers, +September 15th, to the Suprema.[957] + +The Inquisition recognized and felt acutely its altered position. In a +report to the king on the subject of _visitos de navios_, made by the +Suprema, in 1819, there are repeated confessions of powerlessness; the +times are so unfortunate that its regulations fail to effect their +object.[958] The same consciousness of weakness is manifest in the +conduct of the occasional competencias which still occurred. In such of +these as I have had an opportunity of examining there are a studied +courtesy and evident desire to avoid giving offence, without wholly +abandoning the claims of the Holy Office. + +[Sidenote: _MISGOVERNMENT_] + +To the same cause we may, at least partially, ascribe the marked +tendency to mitigation of punishment--except in the case of political +offenders--and to avoid all unnecessary hardship and humiliation of +culprits. When, in March, 1819, the Madrid tribunal pronounced a severe +sentence on Teodoro Bachiller, for propositions, the Suprema moderated +it greatly in every way, in order, it said, to make him understand its +benignity in taking care of his honor and of the comfort of his family. +In January, 1817, Lorenzo Ayllon was tried in Seville for abusing a +priest while celebrating mass and endeavoring to snatch away the +host--offences for which, of old, he could scarce have escaped the +stake, but now he had only absolution _ad cautelam_, a reprimand, two +years of presidio followed by six years of exile, and the Suprema +relieved him of the vergüenza which had been included. Even more marked +was the case of Diego Blásquez, postmaster of Villanueba de la Serena, +who with some others committed the sacrilege of burying a dog with +funeral rites. The Llerena tribunal commenced a prosecution and sent the +sumaria to the Suprema, which contented itself with ordering a +courteous note to be addressed to the secular and ecclesiastical judges, +expressing a hope that they would not permit a repetition of such +scandals.[959] It would be easy to multiply similar instances, but these +will suffice to show how completely, in dealing with offences against +the faith, the spirit of the Inquisition had been tamed, and how +factitious was the claim that its existence was essential for the +preservation of religion, when there were over half a hundred episcopal +tribunals perfectly competent to try such offences and perfectly ready +to treat them with greater severity. + + * * * * * + +Meanwhile Fernando's reign had continued as it commenced. Under the +influence of a camarilla of low-caste and ignoble favorites, who +pandered to his vices and enriched themselves by trafficking in offices +and in contracts and in justice, his government was a compound of +brutality and imbecility, and the affairs of the nation fell into +complete disorder. All the abuses that had flourished under Godoy were +intensified and coupled with persistent cruel persecution of those +designated as Liberals, who filled the gaols through constantly +recurring lists of proscriptions. De Martignac, who, as royal +commissioner, accompanied the Duke of Angoulême in the invasion of 1823, +was a thoroughly well-informed and unprejudiced observer, who after a +vigorous description of the misgovernment of Fernando sums up by saying +"We can conceive the influence of such a régime on the prosperity of the +land, and yet it is difficult to realize the extent of disorder, +wretchedness and weakness to which it fell. It was necessary to resort +to arbitrary taxes, to exorbitant duties which destroyed commerce, to +loans raised without credit. It was impossible to provide for the most +pressing necessities of the State; everything was neglected or +abandoned; the army was unpaid; the navy, destroyed at Trafalgar, +remained in ruins; the administration, destitute of all means of action, +did nothing and could do nothing to improve conditions, or even to +preserve what there was. From this arose the discontent of the +people."[960] It can scarce excite surprise that the crazy enthusiasm of +Fernando's welcome in 1814 had evaporated. + + +THE REVOLUTION OF 1820. + +During this disastrous period, every year saw an attempt at revolution. +In 1814 it was tried at Pampeluna by General Mina, who escaped; in 1815 +in Galicia by Porlier, who was executed; in 1816 in Madrid by Richard, +who shared the same fate; in 1817 in Catalonia by Lacy, who was shot; in +1818 in Valencia by Vidal, who was put to death. Again in Valencia a +plot was formed to break out January 1, 1819, but it was betrayed and +thirteen of the conspirators were hanged. O'Donnell, Count of la Bisbal, +an able soldier and unscrupulous intriguer, was privy to this, but +averted suspicion and was appointed to command an expeditionary force +collecting at Cádiz for Buenos Ayres, against the revolted colony. With +customary negligence, transports were not provided; the troops lay idle +for months, discontent spread and a formidable conspiracy was organized, +which counted on la Bisbal's support; he concluded that loyalty was +safest and seized the leading plotters, for which he was rewarded with +the grand cross of Carlos III., but suspicion arose; he was removed and +replaced by the incapable Count of Calderon. + +The situation, however, was growing impossible, and revolution was in +the air. A portion of the troops were cantoned at las Cabezas de San +Juan, a town not far from Cádiz. There, on January 1, 1820, Rafael de +Riego, commander of the battalion of Asturias, assembled his men, made +an inflammatory harangue, and they all declared for the Constitution. He +made a dash for Arcos, where he captured Calderon and three of his +generals, effected a junction with the battalions España and Corona, +under Colonel Antonio Quiroga, and failed in an attack on Cádiz. Delay +and irresolution followed, until January 27th, when Riego, at the head +of fifteen hundred men, marched to Algeciras, where he remained until +February 7th. Defeated in an attempt on Málaga, he reached Córdova on +March 7th, with some five hundred despairing followers. No effort was +made to capture them; the garrison and citizens looked on placidly, +while Riego refreshed his men and headed for the Sierra Morena; they +dropped off during the march and he was left with fifty followers; so +far as he was concerned, the movement was a failure. + +[Sidenote: _REVOLUTION ACCOMPLISHED_] + +Still, its preliminary success had aroused the slumbering elements of +discontent. On February 21st revolution broke out at Coruña and spread +to Ferrol and Vigo, when the Count of San Roman abandoned Galicia +without a struggle. Saragossa followed on March 2d, the captain-general +and garrison joining the magistrates and people. When the news reached +Barcelona, on March 10th the people rose and sacked the Inquisition, but +did no injury to the officials.[961] Within a few days Tarragona, Gerona +and Mataró followed the example, the garrisons participating in the +movement. In Navarre, Mina's account of the rising shows that there was +prearrangement, and that the municipal authorities and military +officials were fully in accord. When he reached Pampeluna with a large +force, gathered on his way from the border, he found that the revolution +had already been peacefully accomplished on March 11th. Meanwhile la +Bisbal, seeing that the movement promised success, spared no promises to +obtain command of the forces concentrating in la Mancha to put down +Riego's rising. He received the appointment and, on reaching Ocaña, he +induced the regiment Alejandro to cry "Viva la Constitucion." The +revolution was accomplished and was bloodless, save a hideous massacre +at Cádiz of the unarmed multitude, perpetrated in cold blood by Don +Manuel Freyre.[962] + +During the two months of this desultory movement, which prompt action +could so readily have suppressed, the court was nerveless and incapable. +When the news came of the rising in Galicia, Fernando issued, February +28th, a plaintive appeal, promising amendment. His terror increased as +evil tidings came pouring in, and on March 3d he published a decree +bewailing the state of the kingdom, and announcing that he had ordered +the Council of State to prepare a comprehensive scheme of reform. This +was followed, March 6th, by another calling an immediate convocation of +Córtes. It was too late; he found himself abandoned by all, even by his +Royal Guard, which General Ballesteros reported was planning to retire +to Buen Retiro and send a deputation asking him to swear to the +Constitution. This was decisive and, on the night of the 7th, he issued +another decree announcing his intention to do so. This was received, on +the 8th, with popular rejoicings, but, as no further action was taken, +an impatient mob, on the 9th, surrounded the palace with seditious cries +and threats. The guard was impassive; Fernando was deserted and was +absolutely alone when the crowd began to mount the stairs to demand that +he should swear to the Constitution, but they were restrained on +learning that he had ordered the reassembling of the Ayuntamiento of +Madrid as it had existed under the Constitution. Its members were got +together and proceeded immediately to the palace, where Fernando +received them with warm expressions of affection; he took the required +oath of his own free will, and ordered Ballesteros to make the army do +the same. A general illumination and bell-ringing for three nights were +ordered, and the people dispersed, not, however, without first visiting +the Inquisition, releasing the prisoners and scattering the archives. +Only two or three prisoners were found and these were political. Rodrigo +tells us that the mob wanted them to pose as victims of persecution, but +they prudently refused, and a neighboring cobbler was persuaded to +exhibit himself as the presiding figure of the celebration.[963] + +[Sidenote: _INQUISITION SUPPRESSED_] + +On the same day, March 9th, Fernando issued a decree abolishing the +Inquisition. This bore that, as its existence was incompatible with the +Constitution of 1812, for which reason it had, after mature +deliberation, been suppressed by the Córtes, and in conformity with the +opinion of the Junta this day established, he ordered that, from this +day, the Suprema and the Inquisition be suppressed throughout the +monarchy, setting at liberty all prisoners confined for political or +religious opinions, and transferring, to the bishops in their respective +dioceses, their cases to be determined in accordance with the decree of +the Córtes.[964] This was followed, March 20th, by a royal order +providing for inventories of all property pertaining to the Inquisition, +and reviving the decree of February 22, 1813; the Bureau of Public +Credit was to take possession of and administer the property, until its +destination should be determined by the Córtes shortly to be assembled, +while the salaries of officials were to be continued. When the Córtes +met, a decree of August 9th included this with other escheated property, +to be sold at auction by the Junta nacional de Crédito.[965] + +During the slow progress of the Revolution, the Inquisition seems to +have been watching events with full consciousness of the fate in store +for it if the movement should prove successful. A letter of January +19th, from the Seville tribunal to the Suprema, states that it had +delayed the arrests of the Trinitarian, Fray Juan Montes, and of Don +Tomás Díaz in consequence, at first of the epidemic, and then of the +insurrection, to which the Suprema replied, January 24th, that it left +future action to the prudence of the tribunal.[966] Considering how +feeble at the time was the demonstration of Riego, this shows that its +ultimate consequences were fully apprehended. Still the Inquisition +continued at work, but the last case acted upon by the Suprema was its +confirmation, February 10th, of a sentence rendered January 28th, by the +Toledo tribunal, on Manuel de la Peña Palacios, priest of Ontoba. As the +last act of the dreaded Holy Office, after a career of three centuries +and a half, it has an interest beyond its inherent trivial character, +and it will be found in the Appendix. + +At least one liberated prisoner gave expression to his delight at his +release. Don Antonio Bernabeu, a priest, had been a member of the Córtes +of Cádiz and had been arrested with the others in May, 1814, but seems +to have been released in about six months. He was a Jansenist of an +extreme type and, in 1813, had printed a pamphlet to prove that the +State could seize all ecclesiastical property and reduce the overgrown +numbers of the clergy, putting those who were left on moderate salaries. +The tract was a terrible indictment of the Church for its greed of +accumulation, its neglect of duty and its departure from the old +standards in concentrating all power in the pope, which he attributed to +the Isidorian Decretals. On his release from prison, December 14, 1814, +he hastened to denounce himself for this to the Inquisition and was +placed in reclusion. In 1816 he denounced himself a second time for +matters at first omitted. The fiscal presented the accusation, April 20, +1817, rather cleverly drawn, for it demanded precise definition of his +opinions on the wide range of subjects, in which he charged the Church +with deviation from primitive times, and specific proofs of his somewhat +vague declamation as to abuses. To satisfy this would require the +resources of a large library and years of research, while Bernabeu was +confined in a convent and was denied even a copy of his offending +pamphlet, besides being exposed to all manner of persecutions by his +fellow inmates. His trial was still pending when the decree of March 9th +liberated him; he was promptly returned as a deputy to the Córtes of +1820, and he celebrated his release by reprinting his pamphlet, with an +account of his sufferings and his answers to the charges of the +fiscal.[967] + + * * * * * + +[Sidenote: _SUICIDE OF LIBERALISM_] + +It would carry us too far from our subject to recount in detail the +extravagancies and follies with which the triumphant Liberals invited +the cruel reaction that awaited them. Moderation, perhaps, was scarce to +be expected of men, smarting under the persecution of the last six +years, and suddenly brought from fortresses and presidios, or from +exile, to take charge of the Government, and to frame laws for the +nation. That they should in turn persecute their persecutors was natural +but impolitic; mutual hatreds were inflamed, and the land was divided +into factions between which harmony and forbearance became impossible. +The long centuries of despotism and the repression of independent +thought and action had rendered the people incapable of the large +measure of self-government provided by the Constitution. So-called +patriotic societies were rapidly formed--de Lorencini, de San Fernando, +la Fontana de Oro, la Cruz de Malta, la Landaburana and others--which in +reality were Jacobinical clubs, where the most radical measures were +advocated, and the most violent means of effecting them were urged. An +unbridled press was busy in adding fuel to the flames and in stimulating +the ardor which sought to realize anarchical dreams. Masonry had been +busy in preparing the revolution, and with its success Masonry became +the avenue to power and place; its lodges multiplied and were rapidly +filled. Then, with the progress of advanced ideas, Masonry became too +conservative for the _exaltados_, who left it and established the +Comuneros, whose statutes formed a state of revolutionary character +within the State. They rivalled the Masons in numbers and influence, and +the virulent struggle for supremacy between the two bodies at times +paralyzed the Government and neutralized the forces of order. The +disorderly element existing in all communities was utilized whenever +there was an object to be gained, and mob rule became of frequent +occurrence, not only in Madrid but in nearly all the cities. The orders +of the Government were obeyed or disregarded as suited the temper of the +populace or of its instigators. Officials commissioned as +captains-general or governors or magistrates were admitted or rejected; +orderly administration was becoming impossible, and everywhere +turbulence reigned supreme. Liberalism was committing suicide. + +Yet Liberalism had need of its undivided strength to maintain itself +against the opposing forces. Fernando, while playing the part of a +constitutional king, was constantly plotting to throw off the yoke, and +was entertaining secret relations with those who were striving to +overthrow the Government. Successive Córtes seemed to take pleasure in +exacerbating the hostility of the clergy, whose influence over the mass +of the people was unbounded. Much of this legislation was no doubt +salutary in itself but, at the moment, it was dangerous, and the blows +succeeded each other so rapidly that the sufferers might well regard it +as systematic persecution. August 31, 1820, a law organizing the +national army exempted from service only such clerics as were actually +in holy Orders. One of September 26th subjected all clerics, secular and +regular, to secular jurisdiction for offences incurring corporal +punishment. Within a week, another decree suppressed a large portion of +the monastic Orders, and the Mendicants who were left were subjected to +the bishops and consolidated into houses of not less than twelve +inmates, and this was followed by other special decrees of suppression. +The property of the suppressed houses was applied to the _Crédito +público_ and, when Fernando refused his signature, a popular tumult was +organized which frightened him into acquiescence. October 26th it was +ordered that dispensations for marriage within prohibited degrees should +be issued without charge to those applying _in forma pauperis_, thus +cutting off a large source of income. When bands of insurgent royalists +began to make their appearance, and were joined or led by priests, the +bishops were ordered, April 20, 1821, to report what steps they had +taken to punish them and, within eight days, to issue edicts requiring +their flocks to obey the law. Then, on June 29th, without papal +authority, a contribution of thirty million reales was levied on the +clergy and, on the same day, the tithes were reduced one-half, while +allowing some compensation in the removal of certain imposts. The +clergy, not unnaturally, promoted disaffection, and to check this, +decrees of November 1, 1822, authorized the Government, at discretion, +to transfer from one place to another all parish priests and +ecclesiastics, the cost of maintenance of those thus deported being +thrown upon the bishops.[968] + +[Sidenote: _QUARREL WITH THE CHURCH_] + +In fact, the irreconcileable claims of State and Church rendered +hostility inevitable. It was impossible for the latter to understand +that, when it entered politics and became a political factor, it had to +be treated like other political bodies. The theocracy of the middle ages +had so long enjoyed power without responsibility that its immunity +became part of Latin doctrine. Elsewhere the impracticability of this +had been demonstrated, but in Spain the Church has never ceased to +struggle for the maintenance of medievalism, or has understood that +sedition in the pulpit should not be treated differently from sedition +in the tribune. It refused to recognize that self-preservation is the +first law of governments as of individuals, and that they cannot allow +artificial privileges to work their destruction. The theory of the +Liberals was that external ecclesiastical discipline was subject to the +civil authority, while internal discipline was reserved to the Church. +The Church asserted that in all things it ruled itself, and that any +secular interference was a laying of profane hands on the Ark. The gage +of battle was virtually thrown by Veremundo Arías, Archbishop of +Valencia, who, on October 20, 1820, addressed to the Córtes a long +manifesto, upholding all the extreme claims of the Church, and denying +the distinction between external and internal discipline. On November +10th he was arrested and, on the 24th, was put on board ship and sent to +France. This was the commencement of a persecution in which many bishops +suffered. Alvárez de Palma of Granada was set aside and replaced by the +liberal Archpriest Vinegas. Uriz y Lafaga of Pampeluna was summoned to +Madrid but, on the road, was rescued by royalists and conveyed to +France. Blas Beltran of Coria was banished. The Bishop-elect of Santa +Marta (Colombia) received his sentence of exile on his death-bed in +Plasencia. Cienfuegos of Cádiz had to fly to save his life. Pablo de +Sichar of Barcelona fled and remained absent until 1823. Rentería y +Reyes of Lérida was carried under guard to Barcelona, narrowly escaped +execution, and was detained in Málaga until 1823. Ramon Strauch y Vidal +of Vich was imprisoned in Barcelona, then sent to Tarragona and on the +road, under a pretext, was made to descend and was shot with his +attendant. Others who were exiled were Jaime Creus of Tarragona, Ceruelo +de la Fuente of Oviedo, Rafael de Velez of Ceuta and Castillon y Salas +of Tarazona.[969] It is true that the worst of these acts were committed +by mobs or irresponsible parties in the growing disorders of the times, +but they remained unrebuked and unpunished. + +A government which thus treated its clergy was not likely to maintain +friendly relations with the Holy See. One of the earliest measures of +the new government was an act of August 17, 1820, suppressing the +Jesuits.[970] Pius VII met this with a letter of September 16th to +Fernando, deploring the perils that threatened religion and the Church +and reciting the obnoxious measures taken, for which he had ordered his +nuncio to make reclamation, but without effect.[971] Relations were not +improved when, April 21, 1821, a decree suppressed all payments, whether +in money or other equivalent, for papal bulls for archbishops, bishops, +matrimonial dispensations and other rescripts, in lieu of which the +paltry annual sum of 9000 silver dollars was offered.[972] This was +unwise but still more so was the sending to Rome as ambassador of +Joaquin Lorenzo Villanueva, towards the close of 1822, when the +intervention of the Holy Alliance was impending. At Turin he was met by +a papal order forbidding him to come further and asking the ministry to +appoint some one else. Evaristo San Miguel, the Secretary of State, +insisted; the papal foreign secretary replied that the opinions +expressed by Villanueva in the "Cartas de Don Roque Leal" and in the +Córtes were such that the Holy See could never receive him. To this the +answer was to send to the nuncio his passports with orders to leave +Spain. The rupture with Rome was complete and, in the eyes of pious +Spaniards, the government had justified the clerical definition of the +Constitution as heresy.[973] + +The clerical temper thus stimulated is fairly exhibited in a little +pamphlet by Padre Miguel Canto, parish priest of Callosa de Segura, +celebrating the downfall of Constitutionalism. He is fairly drunk with +joy and consigns the Liberals to the bottomless pit for eternity with +vigorous delight. That the civil power should dare to assume any control +over the externals of the Church fills him with astonishment and rage, +all the greater in view of the suffering which it inflicted, especially +on the regulars. Canto tells us that the fabric of his church had +enjoyed a revenue of four thousand pesos, and that it was reduced to +such poverty that he had not wherewith to provide wafers and wine for +the sacrament, or oil for the lamps.[974] Yet the resources of the +Spanish Church were such that it still had ample funds for political +uses. When, in October, 1823, after his release by the French, Fernando +travelled from Cádiz to Madrid, he received in voluntary offerings from +the chapters of Toledo, Seville, Granada, Jaen and Cuenca, 11,970,000 +reales in silver, although the land was in a condition of complete +exhaustion.[975] + +[Sidenote: _DEVELOPMENT OF REVOLT_] + +It is not difficult to believe that the pulpit and the confessional were +energetically used to inflame and organize the disaffection that rapidly +succeeded to the enthusiasm for the Constitution. The new administration +was no more efficient than the old. Ministries, hampered with the +underhand intrigues of the king, perpetually guarding against eager +rivals, and speedily engrossed with suppressing the armed resistance +springing up on every hand, had little opportunity of rectifying the +abuses which had made Fernando unpopular. To the people at large the +only visible result of the revolution was that the Liberals in turn +were persecuting the Serviles. The nobles, moreover were alienated by +the suppression of _Mayorazgos_ and _Vinculaciones_, or entails and +perpetual charges on lands, a reform which had long been urged by +statesmen such as Jovellanos.[976] Willing and receptive listeners to +clerical invective were abundant, and movements to overthrow the +Government speedily began taking shape. Before the year 1820 was out, in +Galicia there was organized a Junta Apostólica and in Burgos there was a +crazy conspiracy of some frailes and a general.[977] Soon wandering +bands of insurgents sprang up, among whom members of the clergy were +conspicuous, as though it was a holy war. Suppressed in one place, they +appeared in another, waging a guerrilla warfare like that against +Napoleon. The land was torn with faction, and Liberals and Royalists +seemed to emulate each other in contributing to its ruin. Early in July, +1822, the royal guards, with the secret connivance of the king, +endeavored to gain possession of Madrid; after a sanguinary conflict in +the streets they were defeated, when Fernando, from a balcony of his +palace, stimulated the nationals in pursuit of the flying wretches. +Civil broils are apt to be pitiless, but in Spain they assumed a +ferocity not often witnessed elsewhere. If the Royalists in Catalonia +massacred in cold blood the garrison of the Seo de Urgel, a Liberal +noyade in Coruña despatched fifty-one political prisoners, many of them +ecclesiastics and persons of distinction.[978] + +The revolt was constantly assuming proportions more alarming, especially +in Catalonia, where it had the almost unanimous support of the +peasantry. The insurrectionary bands coalesced into a force of five +thousand men styling itself the Army of the Faith which, on June 21, +1822, captured the Seo de Urgel and made it their stronghold. There, on +August 15th, was organized a royalist Regency, composed of Creus, the +exiled Archbishop of Tarragona, the Baron of Eroles, a soldier of some +reputation, and the Marquis of Mataflorida. The Counter-revolution thus +adopted a public and official character; the Regency assumed to speak +for the king, held in durance by the Jacobins--in fact, as early as June +1st he had authorized Mataflorida to organize it, and was in constant +communication with it, through one of the officials of the court. It +obtained quasi-recognition abroad; it negotiated a loan of 8,000,000 +with the Parisian capitalist Ouvrard and, with the support of Pius VII, +it opened negotiations with Austria and Russia, offering surrenders of +territory in exchange for aid.[979] + +Spain was rapidly drifting into anarchy. The Government was too weak to +suppress disorder, whether committed by friends or foes. Compromise +between the factions was not to be hoped for, and even patriots could +see that the only path to order lay through intervention from abroad. +That this was impending became more and more evident. The example of +Spain had been followed by Naples and Portugal, and then by Piedmont, in +forcing on their sovereigns constitutions like that of 1812; the Holy +Alliance took the alarm; the Congresses of Troppau in 1820 and of +Laybach in 1821 ordered armed intervention, and the new institutions of +Naples and Piedmont were readily overthrown. In May, 1821, +communications from Russia to Spain, and a Russian circular to the +courts of Europe, openly expressed dissatisfaction at the success of +armed rebellion, with scarcely veiled threats of action in case the +Córtes should prove disobedient to the monarch; and the conflict with +the royal guard, in July 1822, gave the foreign ministers in Madrid a +pretext for warnings which were diplomatically veiled threats of +intervention.[980] Preparations for it were already on foot in France. +An epidemic of yellow fever in Barcelona served as an excuse for +establishing a _cordon sanitaire_ on the border, gradually strengthened +until it became an army of observation and in reality a support for the +Catalan insurgents, as Mina found when he conducted a successful +campaign which in the beginning of 1823 forced the Regency to take +refuge in France.[981] + +[Sidenote: _INTERVENTION OF THE HOLY ALLIANCE_] + +The Congress of Verona met in the autumn of 1822. The Urgel Regency sent +there the Count de España as its representative to urge that Spain +should be restored to the condition prior to March 9, 1820; the +Government sent no envoy, relying on the friendly aid of England, +represented by the Duke of Wellington. Without his knowledge the Allied +Powers signed, on November 22d, a secret treaty, in which they declared +against the sovereignty of the people, representative government and the +freedom of the press, and in favor of the clergy as an instrument for +enforcing the passive obedience of the subject; and each signatory +pledged itself to a subsidy of twenty millions of francs annually to +France, to which was assigned the duty of suppressing these destructive +principles in Spain and Portugal, and of restoring the Peninsula to the +conditions prior to 1820.[982] Even yet intervention was not certain, +for France was not eager for the task, and there were some negotiations +looking to modifications of the Constitution, but the Liberals would not +listen to such suggestions. Châteaubriand, however, that curious +compound of idealism, bombast and vanity, who, as French foreign +minister and representative at Verona, takes to himself all the credit +for the enterprise, is especially careful to point out that its real +object was the restoration of France to the hegemony of the Continent, +after the abasement of the Restoration by foreign bayonets--an object +which he assumes was fully accomplished.[983] + +Early in January, 1823, four notes from the Allies were presented +collectively, offering, in more or less offensive fashion, the +alternative of a return to absolutism or invasion.[984] These portentous +communications were received with the utmost nonchalance. On the night +of their reception, Secretary of State San Miguel carried them to the +Grand Orient and drew up his replies, in which Fernando is said to have +cunningly stimulated defiance to banded Europe. Whatever might be the +decision of France, San Miguel said, Spain would tranquilly follow the +path of duty and justice; its rule of conduct would be firm adhesion to +the Constitution of 1812 and refusal to recognize the right of +intervention on any side.[985] + +These would be dignified and resolute words in a united nation facing a +coalition but, under the circumstances, they were mere idle vaporing. +The Government, in fact, was barely able to make head against the +insurrection, save in Catalonia. Navarre, Biscay and Aragon were in open +civil war, with forces equally balanced. In Murcia, the famous robber +Jaime Alfonso was posing as the defender of the faith; in Castile, the +Cura Merino and el Rojo de Valderas were levying war; in Andalusia, +Zaldivar held his own in spite of repeated defeats; in Toledo and +Cuenca, Joaquincillo and the Cura Atanasio were maintaining the +rebellion; in Sigüenza the insurrection of Cuesta was organizing and +was soon to break out. In short, the whole of Spain was in +convulsion.[986] + +The only explanation of the attitude of the Liberals is that they were +living in a fool's paradise, and seem to have welcomed intervention in +the belief that it would kindle national feeling and restore national +unity. Hallucination was carried to the point that they anticipated a +popular rising like that of 1808, that the forty thousand insurgents in +arms would turn against the invader, even that the French troops would +abandon their standards for those of Spain, and that England, which had +calmly seen the Constitution overthrown in 1814, would provoke a war +with all Europe in its defence. They closed their eyes to the fact that, +in 1808, the clergy aroused the masses against the French and were now +their warmest allies, eager to revenge systematic persecution; that the +throne was secretly undermining them, and that they were without +resources, for the treasury was exhausted, the army scarce existed save +on paper, the magazines were empty, and the party in power was rent into +bitterly opposing factions. A kind of delirium seized the deputies when +San Miguel on January 9th laid the correspondence before the Córtes, and +his replies were clamorously approved without distinction of party.[987] + +[Sidenote: _THE FRENCH INVASION_] + +Yet this effervescence soon subsided. A decisive victory gained by the +insurgents at Brihuega, not far from Madrid, on January 24th, threw the +capital into a tremor and, on February 16th, the Córtes adopted a decree +looking to the transfer of the Government in case of necessity.[988] New +Córtes opened their sessions March 1st and their first thought was to +place themselves in safety, carrying with them Fernando, both as a +hostage and as necessary to the assumption that the government of Spain +travelled with them. Resistance on his part postponed the move until +March 20th, when the exodus to Seville took place. There they remained +until June, when the approach of the French necessitated a further +flight and, on the 9th, Cádiz was selected as the place of refuge. This +time Fernando resolutely refused to fly from his liberators and, as +coercion of the monarch was incompatible with the theory that he was +still governing, it was assumed that he was incapacitated by reason of a +temporary delirium; he was deposed and a Regency was appointed which +ordered the transfer to Cádiz; on the 12th the king and royal family +left Seville; the Córtes adjourned to meet in Cádiz June 18th; in four +days Fernando was declared to be again in his right mind and the Regency +resigned. The spectacle of a flying Government dragging with it a +captive king, whom it recognized as still actively reigning, was worse +than ludicrous; it gave to Fernando a claim on the sympathy which he had +forfeited, and served as an incentive and an excuse for cruel +reprisals.[989] + +Meanwhile the army of invasion had been gathering on the border under +the Duke of Angoulême, nephew of Louis XIV. From Bayonne, on April 2d, +he issued a manifesto to the effect that he did not come to make war but +to liberate a captive king, to restore the Altar and the Throne, to +release the priesthood from exile, and the whole people from a +domination that was preparing the destruction of Spain. On April 7th the +army crossed the Bidassoa, consisting of 91,000 men, of whom 35,000 were +Spanish royalists. Its discipline was perfect and its conduct admirable. +Everywhere it was received as a liberator, with cries of "Viva el Rey +absoluto, Viva la Religion y la Inquisicion." Resistance was impossible +and, although five armies had been organized, none worthy of mention was +attempted, except in Catalonia, where the indomitable Mina prolonged the +useless struggle until November, and at Cádiz, where the so-called +Government was battling for existence. Siege was laid there on June 23d, +and was prolonged until October 1st, when Fernando was ceremoniously +conveyed to the camp of his French deliverers. Yet, if rhetoric could +have repelled the invaders, they would have been glad to escape from the +eloquence which accompanied a solemn declaration of war on April 29th, +when Flórez Calderon boasted that the breasts of the deputies would make +an impenetrable rampart around the constitutional King and his +family.[990] + +If the French came as pacifiers, they made a mistake in bringing with +them a Junta Provisional of four rabid royalists, formally installed at +Ozarzun, April 9th. It assumed to be the Government and issued a +manifesto rescinding all the acts of the Revolution and restoring the +conditions prior to March 7, 1820.[991] It used its authority in such +unsparing proscriptions that even the royalists became alarmed and +appealed to de Martignac, the royal commissioner accompanying Angoulême, +pointing out the evils to be apprehended from such ferocity. Quarrels +within the Junta afforded an excuse for superseding it, and Angoulême, +on reaching Madrid, empowered the Councils of Castile and Indias to +nominate a Regency, at the head of which was the Duke del Infantado. +This body, on June 4th, published a manifesto promising to use its power +to prevent persecutions and excesses, to maintain internal peace, +execute the laws and make the royal power respected.[992] + +These were fair words, belied by acts. The whole arrangement had been +dictated by secret instructions from Fernando, and proscription and +persecution continued as active as ever. The Regency confirmed a measure +of the Junta organizing bodies of so-called Royalist Volunteers, whose +duties consisted in arresting and imprisoning all whom greed or +malevolence might designate as objects of suspicion, in which work they +were aided by the mob, always ready for violence and rapine. In +Saragossa fifteen hundred persons were dragged to prison by the populace +led by priests and frailes. In Navarre, the guerrilla chief known as el +Trapense committed revolting excesses. In Madrid and Córdova the gaols +were crowded with prisoners. This work went on in most of the towns, as +the national forces retreated, the victims being mostly citizens of +wealth and position, while the pulpits resounded with exhortations to +persecution and extermination and the French troops, in so far as they +could, restrained the outrages.[993] + +[Sidenote: _RELEASE OF FERNANDO_] + +Despite his reluctance to interfere, Angoulême felt called upon to put +an end to the cruelty and impolicy of these persecutions and, on his way +to Cádiz, he issued from Andujar, August 8th, a decree forbidding +arrests by the Spanish authorities without authorization from the +commandants of the troops of the districts, who were instructed to +liberate all political prisoners, and to arrest those who contravened +these orders, while all periodicals were subjected to the inspection of +the commandants. The foreign ministers, however, protested against this +as an invasion of Spanish independence, which emboldened the Regency to +remonstrate in a haughty and insolent manner. The Royalist Volunteers +of Navarre, in a manifesto of August 20th, were prodigal of insults and +menaces to the duke; a memorial addressed to him, August 23d, signed by +Eguia and a large number of military chiefs and priests, stigmatized his +effort at pacification as an attempt to perpetuate an impious faction, +and demanded the restoration of the Inquisition. Wherever there were no +French troops the decree was ignored and finally Angoulême, whether +instructed by his court or afraid openly to oppose the Regency, issued +an explanatory order, which virtually annulled the decree. Evidently +there was to be no peace for the distracted land.[994] Even the Regency +felt it necessary to disclaim responsibility for the horrors enacting on +every hand. August 10th, it ordered the prosecution of the rioters who, +at Alcalá, Guadalajara and Torrejon had committed terrible excesses +under pretext of avenging the transfer of the king to Cádiz and, on +August 13th, it commanded the people to restrain their zeal in making +arrests but, while it was powerful to excite passion it was powerless to +enforce order.[995] + +When, in view of the hopelessness of further resistance at Cádiz, +Fernando was informed, September 28th, that he was at liberty to seek +the French camp, a tumult arose and a demand for guarantees. He summoned +the ministers, telling them that he desired to give assurances and +ordering José María Calatrava to draw up a decree declaring of his own +free will and, on the faith of his royal word, that he would adopt a +form of government assuring the happiness of the nation, the personal +security, the property and the civil liberty of Spaniards, with complete +oblivion of the past. The amnesty was rendered complete with elaborate +details and, when it was presented to him for signature on the 30th, he +said that, to remove all doubts, he would make some changes with his own +hand, which he accordingly did, rendering some of the clauses clearer +and more emphatic.[996] When, on the next day, he was received by +Angoulême, he shut himself up with the Duke del Infantado and Victor +Damien Saez, his former confessor, whom he appointed universal minister +and, before the colloquy was over, there was drawn up and signed a +decree of two articles; the first declared null and void all acts since +March 7, 1820; the second confirmed the proscriptions of the Junta of +Ozarzun and the Regency. Printed copies of this, together with that of +the day before, were circulated to the no small perplexity of all +concerned. Then General Bourmont, the French commander, learned that +Ferdinand had passed secret sentence of death on some prominent liberals +there present, whereupon they were conveyed on naval vessels to +Gibraltar and saved from his sanguinary vengeance. This was but a +foretaste of the wrath to come.[997] Prescriptive and oppressive +measures followed each other and the persecution inaugurated by the +Regency was sharpened and systematized. + + +TEN YEARS OF REACTION. + +The French had already discovered that they had raised a demon whom they +could not exorcise. They had restored unconditionally to absolute power +a prince who was utterly faithless, whom no promises could bind, who +cared only for the gratification of his passions, and who was surrounded +by vindictive counsellors, eager for the blood and spoils of their +countrymen. The prisons were crowded to repletion and the untamed +ferocity of the multitude, stimulated by the pulpit, was let loose upon +defenceless victims. It was a scandal in the face of all Europe and was +felt acutely. Effort was made to repair the mischief, but with scant +success. Fernando, on leaving Cádiz, had written to Louis XVIII, +expressing his gratitude, and Louis seized the opportunity, in his +reply, to impress on him his own example and that of their ancestor +Henry IV, as the only means of bringing peace to a distracted land, +warning him that a blind despotism weakened instead of strengthening +royal power. Angoulême had manifested his disapprobation of the decree +of October 1st, and a coolness arose between him and Fernando, which +went on increasing. They parted, October 11th, Angoulême refusing all +honors on his homeward journey, and leaving Bourmont in command. The +French army was gradually reduced, but the last detachments did not +leave Spain until November, 1827. + +[Sidenote: _CHÂTEAUBRIAND'S FAILURE_] + +Secure in this protection, Fernando was deaf to remonstrances. It is +true that, when the ambassadors of the powers met him in Seville, under +their pressure, he issued a decree, October 22d, holding out +expectations of what he would do on reaching Madrid, but promises cost +him nothing and these were as futile as those of September 30th. To +emphasize the necessity of conciliation, the French cabinet prevailed +upon the Russian ambassador, Pozzo di Borgo, to visit Madrid, in the +name of the Holy Alliance. He arrived there October 28th and held long +conferences with Fernando and Victor Saez, urging clemency and a general +amnesty, but he met, in reply, with nothing but vague generalizations.[998] + +If the welfare of a nation had not been at stake, the reflections of +Châteaubriand on the success of his enterprise, and his correspondence +with Talaru, the French ambassador, might well raise a smile. He was +disgusted, he said, with having to do with a monarch who would burn his +kingdom in a cigar, and he declared that the sovereigns of today seem +specially created to destroy a society ready to perish. In Spain, the +political sore is the king and it is almost impossible to apply a +remedy. At first he assumed that he could dictate a policy, and asserted +that he would not tolerate the follies of the king nor allow France to +appear as an accomplice in stupidity and fanaticism. Talaru was to speak +as a master; if the ministry was not to his mind, he was to have it +changed, the threatened withdrawal of the troops being what would force +Fernando to listen to reason. He soon found, however, that behind the +ministry was the camarilla--the real power that could not be +dislodged--and that the clergy was also a body to be reckoned with. +Châteaubriand's effervescence wore itself out against the +impenetrability to reason and argument of Fernando and his advisers, and +his demands shrank to asking for a decree of amnesty--it would be badly +framed, he knew, but at least it would have the appearance of doing +something. After months of urgency, at last Fernando agreed to it. A +fairly liberal scheme was drawn up but, after it had been submitted to +the revision of the friends of Don Carlos, of the bishops, of the secret +Junta de Estado and of the Council of Castile, its framers could scarce +recognize it. While it offered pardon to all participants in the +disturbances since 1820 in support of the Constitution, there were +fifteen excepted classes, some of them vague and comprehensive. It +ordered the discharge of all prisoners not comprised within the +exceptions, but this was not obeyed. It ordered the bishops to +contribute to bring about union, but few of them did so. It was dated +May 1, 1824, but was not published until the 20th, and the interval was +employed all over Spain in gathering evidence to bring individuals under +the excepted classes, so that they could be arrested simultaneously with +the publication of the decree; the prisons were filled with new victims, +and the courts were overwhelmed with prosecutions. The courts, moreover, +were supplemented with military commissions, whose procedure was +informal and summary. The _Gaceta de Madrid_, between August 24th and +October 12, 1824, chronicled 112 executions by shooting or hanging. +Whatever scanty favor was shown to Liberals in the decree was more than +counterbalanced by another of July 1st, granting pardon for all assaults +and injuries committed on them or their property except when murder had +resulted.[999] The Royalist Volunteers thus had full licence, and the +Liberals were virtually outlawed. + +[Sidenote: _DEMANDS FOR THE INQUISITION_] + +Proscription and persecution were systematized in a manner without +precedent, by the compilation of lists of all suspects. During the +constitutional period, Fernando had kept a Libro Verde, noting down the +names of all who displeased him, thus marking them for future vengeance. +On his restoration to power, a secret Junta de Estado, consisting +chiefly of ecclesiastics, was formed, whose business it was to gather +information against all who were opposed to absolutism. Denunciations +were invited from priests and frailes, from enemies and from the lowest +class of informers, to whom inviolable secrecy was promised, and all the +scandal and false evidence thus accumulated was recorded opposite the +name of the party, for use as occasion might require. The list was +divided into districts, and copies were sent to the respective +intendants of police, who contributed such further names and charges as +they could gather from all sources however vile. Thus every man's +liberty and property were at the mercy of secret and irresponsible +informers. It was a Libro Verde on a scale which the Inquisition itself +had never imagined, and the system was more thorough and more dangerous +to the innocent than that of the Inquisition.[1000] Such was the +condition of Spain during the terrible ten years, from 1823 to 1833, +known as the _Epocha de Chaperon_--Chaperon being the president of the +military commission of Madrid and notorious for his cruelty. + +One result of this is well set forth in a singularly outspoken +representation addressed by Javier de Burgos to Fernando, January 24, +1826. He had been sent to Paris to negotiate a loan, and he ascribes his +failure, not so much to the poverty of the land, as to the absence of +peace essential to prosperity, and this arose from the successive +proscriptions which had desolated Spain. Now, he says, simple police +orders deprive of common rights whole classes, and subject them to +penalties which in well-ordered countries can be inflicted only by +tribunals. Much is said of the league of European bankers against +Spanish credit, but this has only been made invincible by the efforts of +the six or eight thousand proscribed exiles in England, France and +Belgium. A few days ago the journal which represents commerce and +industry said "As for Spain, it continues to fall rapidly into +barbarism. It is a second Turkey, only more miserable and worse +governed." Mexico, Colombia, Peru and Chile obtain loans, even though +their independence is not recognized, but Spain cannot get a +maravedí.[1001] It is creditable to Fernando that he took this +plain-speaking good-naturedly and subsequently gave the writer the cross +of Carlos III, but he was impervious to the good advice. + + * * * * * + +The decrees of the Regency and of Fernando, restoring the conditions +prior to March 7, 1820, and invalidating all subsequent acts, seemed +necessarily to revive the Inquisition. Its officials, however, hesitated +to resume their functions without positive orders, and it was known that +the French were opposed to its restoration. Numerous petitions for it +were made to Angoulême, but he evaded categorical replies, saying that +he would procure the liberation of the king and leave him to determine +what would best promote the happiness of the nation.[1002] After +Fernando's release, felicitations came pouring in, warmly thanking him +for his proscriptive measures and among these were many urging that the +Inquisition should be set to work. If, at the moment, he desired to meet +these wishes, he was restrained by the earnest opposition of the Allies, +who especially shrank from the responsibility of resuscitating an +institution so universally abhorred. As Châteaubriand wrote to Talaru, +December 1st, "We will not permit our victories to be dishonored by +proscriptions or that the fires of the Inquisition be raised as altars +to our triumphs" and, on December 11th, he declared it to be necessary +that the royal confessor should not be an inquisitor.[1003] + +Fernando, however, seems already to have questioned whether the +Inquisition would really be of service to him politically and, as +religion with him was merely a matter of policy, he preferred to let the +question slumber, without committing himself. It is related that once, +when a bishop of extreme views was urging upon him the utility which the +Inquisition had always been to the crown, he walked across the room to a +balcony and, looking up at the serene sky, exclaimed "What a cloud! a +great storm is coming."[1004] His intentions, however, were indirectly +manifested, by a decree of January 1, 1824, which withdrew from the +_Crédito público_ the administration of the property of the Inquisition +and placed it with the _Colector-general de Espolios_, who was charged +to pay the salaries of all the officials of the tribunals.[1005] This +indicated that there was no intention to restore the institution to +activity, and to this Fernando adhered, notwithstanding the urgency +which continued. + +[Sidenote: _THE INQUISITION DORMANT_] + +In fact, as the reaction established itself, Fernando could not but +recognize that he had nothing to gain from the Inquisition and might +risk something. His one object was unlimited absolutism. Circumstances +had enabled him to attain this to a degree which none of his +predecessors had enjoyed. The defeat of the Liberals was so complete, +and the servility of the Royalists so great, that he could disregard +whatever remnants of the old Spanish institutions had still placed some +restraints on the crown. There was no secret made of this. A royal order +of October 17, 1824, destroyed at a blow all the municipal +self-government of Spain; the _Ayuntamientos_ of the towns were no +longer to be elective; those in office were to choose their successors +in thirds at a time, and the appointees were subjected to revision by +the royal Audiencias while, in the preamble, the object of this was +openly stated to be that there should disappear for ever from Spanish +soil the most remote idea that sovereignty resided elsewhere than in the +royal person, and the people should know that not the slightest +alteration would ever be made in the fundamental laws of the +monarchy.[1006] + +The only claim of the Inquisition to efficiency, greater than that of +the police and royal tribunals, was in its delegated faculties from the +pope and, to a monarch thus resolved to concentrate in his own hands all +power, it was naturally distasteful to employ for political ends foreign +authority which, nominally at least, was not under his own control. This +objection he might have disregarded, if he had reason to expect from the +Inquisition any special service, but such there was not. While there +still was law in Spain the Inquisition might be useful as being above +the law, but now that law was merely the sic volo, sic jubeo, the +Inquisition was superfluous, while its secret procedure was more tardy +and cumbrous--perhaps even less certain--than that of the military +commissions; and the system described above of lists of suspects with +evidence gathered from every source by thousands of informers was far +more comprehensive in plan and in detail than anything that the +inquisitorial organization had ever attempted. + +The Inquisition thus had nothing to offer and, careless as was Fernando +of the public opinion of Europe, even he could recognize the wisdom of +avoiding the odium of re-establishing an institution so generally +condemned. To the victims it made little difference whether their judges +were called military commissioners or inquisitors; their offences were +justiciable by either, for the pulpits resounded with the doctrine that +all Constitutionalists and Liberals were Jansenists and heretics--a +doctrine justified by a royal order of May 2, 1824, to the bishops, +requiring them to celebrate, in their dioceses, Missions calling the +Liberals to repentance.[1007] + +Yet there was a lurking Jansenism in this tacit assumption that the +regalías enabled the king to prolong at his pleasure that suppression of +the Holy Office which, in 1813, had been proved by learned theologians +to be in violation of the canons and of the authority of the Holy See. +The clerical party was restless and dissatisfied, the more so because, +as Fernando's theory of government was to render his own power secure by +promoting discord among his followers, he occasionally favored the +moderate Royalists against the extremists. The latter were not content +even with the prevailing cruel persecution, and longed for one more +searching with the Inquisition as its instrument. The secret +organization known as the _Junta Apostólica_, or _Angel Exterminador_, +had cast its eyes upon Don Carlos as a leader who could realize their +aspirations, for he was completely under priestly influence and belonged +to the extreme faction, besides being heir presumptive in the probable +case of Fernando dying without issue. Carlos, however, though not a man +of strong character, was strictly honorable and was bound to Fernando +with ties of a mutual affection which endured to the end. He was quite +content to await the chances of succession, but his wife Francisca of +Portugal and her sister the Princess of Beira, widow of the Infante +Pedro, were ambitious. His apartments in the royal palace were the +centre of intrigues, in which he did not personally participate, while +Fernando who, through his spies, was kept informed of them, did not +interfere, confiding in his brother's loyalty and his own ability to +crush attempts against himself. + +[Sidenote: _RISING IN CATALONIA_] + +In 1824 and 1825 there were movements and risings of the extremists in +various provinces, which indicated concerted action and were suppressed +with more or less facility, except in Catalonia. There the hidden +leaders of the conspiracy found a population discontented with what they +deemed the lukewarmness of the Government, which they were told was now +controlled by Free-Masons. The old members of the Army of the Faith, +moreover, deemed themselves insufficiently rewarded for their services, +and organized under the name of _Agraviados_, forming the nucleus of a +"Federacion de Realistas puros," more royalist than the king. Towards +the end of 1826 there was circulated a manifesto from the Federation +urging the necessity of placing Don Carlos on the throne; its +organization rapidly extended, and April 1, 1827, was appointed for the +rising, which was readily suppressed and a free pardon was granted to +the insurgents. The pacification was but temporary. In July, at Manresa, +a _Junta superior_ was formed, and in August the tolling of the bells +summoned the _somatenes_ or levies _en masse_ to arms, when a portion of +the troops joined the insurrection, which was soon supreme in Catalonia. +A report made, August 27th, by Dehesa, fiscal of the court of +Barcelona, states that the war-cry of the insurgents was "Long live the +Inquisition! Death to the Constitution! Death to the negros! Death to +the police!" They were told that the rising was by order of the pope and +that the king was surrounded by Free-Masons; it was supposed to be the +work of the clergy, who desired the re-establishment of the Inquisition, +and to make themselves all-powerful by working on the fanaticism of the +ignorant mountaineers.[1008] + +That the situation was becoming dangerous is manifested by the only +kingly act in Fernando's record, for he resolved to visit Catalonia +himself, after sending the Count de España there with full powers. He +reached Tarragona September 28th, being received everywhere with +enthusiasm, though there was an abortive project of abducting him by a +large body of Royalist Volunteers assembled as though to do him honor. +From Tarragona he issued a proclamation to the effect that those who +should not lay down their arms within twenty-four hours must expect no +mercy, and that he would deal with their leaders as he saw fit. The +secret societies had already issued orders of pacification; organized +resistance was abandoned, nine of the chiefs were hanged and the land +was speedily at peace. Carlos took no part in the rising, but he knew of +the plans and had not opposed them, and the name of Carlists was +thereafter used to designate the extreme royalists.[1009] + +It is significant that, when Fernando ordered the bishops to exhort +their subjects to peace, some of them obeyed, but Pablo de Jesus de +Corcuera y Caserta, the prelate of Vich, refused in a letter of October +6th, on the ground that he could not conscientiously do so. Fernando, he +said, had not kept his promises; he had assembled a junta to examine all +books in circulation, yet poisonous ones, like that of Thomas à Kempis, +were allowed to be read; he had ordered the restoration of everything to +the conditions prior to March 7, 1820, yet the Inquisition had not been +re-established; other royal short-comings were pointed out and, in the +face of all this it was impossible for a bishop not to take part in +temporal matters; to preach obedience as required would be to compromise +the episcopate and to become the instrument of the enemies of God, nor +would it avail anything, for it would be impossible to make the people +think otherwise. These outspoken sentiments of the fiery bishop explain +much that is saddest in modern Spanish history; he was not punished for +them but, when the Count de España came to Vich he summoned the +recalcitrant prelate before him and reminded him of the fate of Acuña of +Zamora, which might be repeated if it so pleased the Catholic +king.[1010] + +After this there was no further demand for the restoration of the +Inquisition, as Fernando's determination was recognized as unalterable. +For awhile however it had not accepted its suppression as final, and it +still sought to perform some of its functions in hopes of being again +revived. This is demonstrated by the Valencia register, laboriously and +faithfully compiled and brought up to the end of 1824, and the same +seems to have been done in Madrid for, in a document of 1817, there is +an appended note referring to the Madrid register of January 31, 1824. +As the salaries were continued, an organization was kept up and a show +was made of performing some kind of work. The Valencia register thus +contains several cases in which it acted in 1824, though it modestly +styles itself "este tribunal eclesiastico" and not "Santo Oficio." Thus +Valero Andreu was accused to it of a blasphemous proposition and was +duly sentenced. The criminal court of Valencia regarded it as still +functioning and, when in trials there came evidence of matters +cognizable by the Inquisition, the proofs would be sent to the tribunal +which would summon the offender and pass judgement on him, the penalty +however being not more than a reprimand. Three cases of this kind are +recorded, the latest being July 3, 1824.[1011] We may fairly assume that +in some, at least, of the other tribunals, trivial work of this kind was +similarly performed. + +[Sidenote: _REMNANTS OF THE INQUISITION_] + +Some papers connected with a quarrel between the officials of the +Majorca tribunal give us an insight into its internal condition in 1830. +Its business consisted in the collection of the censos and other sources +of revenue. There were many of these--loans to towns and villages as +well as to individuals throughout the islands; payments were apt to be +tardy and the labor of collection was considerable, frequently +involving legal proceedings. The inquisitor had disappeared, although +from another document we learn that he was named Francisco Antonio +Andraca and that he was drawing his salary elsewhere. The existing head +of the tribunal was a _juez subdelegado_, a representative of the old +juez de bienes; there was a treasury and an auditing department with an +_administrador tesorero_, Juan Antonio Togores, who was disabled and +represented by his son, José Antonio Togores. The secretary of the +secreto was Bartolomé Serra y Bennassar, acting as auditor _ad interim_, +whose clerk was Pedro Mascaro, notary of sequestrations. The only other +official was the portero, Sebastian Banza. Togores claims that, when the +buildings were destroyed in 1820, he incurred many enmities by efforts +to compel restitution of plundered materials--among others a Count of +Ayamans was sued for purloining building stone. Togores constructed a +wall around the site, and the heaps of stone and tiles still lay +scattered there. Outside of the enclosure, a couple of small buildings +were erected for offices, with a warehouse below for the storage of the +rescued materials. One of the charges against him was that he had used +the site of the old garden of the senior inquisitor to raise vegetables +and flowers for himself.[1012] There is impressiveness in this glimpse +of the old officials clinging to the ruins of what had once been so +formidable. + +From this quarrel we learn that the central authority of the Inquisition +was the General Superintendent of the Property of the Inquisition--apparently +a subordinate of the Colector-general de Espolios, to whom the +assets were confided by the decree of January 1, 1824. In 1830 this +General Superintendent was an old inquisitor, Valentin Zorilla, and +he had as fiscal another inquisitor, Vicente Alonso de Verdejo. The +Inquisitor-general, Gerónimo Cavillon y Salas, Bishop of Tarazona, +was still drawing his salary of 71,491 reales 24 mrs. and did not die +until 1835. Of the Suprema there were but two survivors, the Dean +Ethenard and Cristobal Bencomo, Archbishop of Heraclea, who by 1833 had +disappeared, leaving Ethenard alone. There was still a _relator_, a +private secretary of the inquisitor-general, a keeper of the archives, +and four minor officials. All these, however, were mere pensioners. The +active organization consisted of the superintendent and his fiscal, +with a treasurer and receiver-general _ad interim_, Don Angel Abad, +whose accounts for 1830 show that he had received by drafts drawn upon +the several tribunals + + From Valencia 35,000 rs. + Córdova 26,000 + Barcelona 28,000 + Granada 60,000 + America 93,417.17 + Santiago 52,000 + Murcia 60,000 + Majorca 50,000 + Saragossa 84,000 + Canaries 112,635.17 + +Logroño, Madrid, Cuenca and Llerena apparently contributed nothing. The +sums credited to America and Canaries were probably old balances. The +receipts from prebends must have gone directly to the Superintendent, +for the decree of final extinction in 1834 shows that they were still +held for the benefit of the Inquisition. There were other sources of +revenue, principally from censos, of which the most notable was one of +the Count of Altamira, from whom was collected, in 1830, the sum of +272,335 reales 25 mrs., being arrearages that seem to run back to 1818. +He was still hereditary alguazil mayor of the Seville tribunal, in which +capacity he was receiving a yearly salary of 4411 reales 26 mrs. The +Duke of Medinaceli, as alguazil mayor of the Madrid tribunal, was still +drawing his yearly stipend of a thousand reales and personally signing +monthly receipts. There are scattering entries of payments to officials +of various tribunals, showing that they were gradually thinning out, and +refugees from the American Inquisitions were kept on the pay-roll.[1013] +Such was the moribund condition of the Holy Office on the eve of its +extinction. + + * * * * * + +While the Inquisition was thus suspended, the more zealous bishops +replaced it with so-called _Juntas de fe_, based on the same principles, +with secrecy of procedure and exercising jurisdiction in the external as +well as internal forum. No record of the proceedings of these anomalous +tribunals seems to have been preserved except in the case of Valencia, +where the archbishopric was held by Simon López, in reward for his +defence of the Holy Office in the Córtes of Cádiz. Almost his earliest +act on assuming his new dignity, in 1824, was to issue a pastoral +confirming the junta de fe, established by his predecessor Veremundo +Arias, and empowering it to receive denunciations. He took the +presidency with Dr. Miguel Toranza, the former inquisitor of Valencia as +his colleague, Dr. Juan Bautista Falcó as fiscal and Dr. José Royo as +secretary.[1014] + +[Sidenote: _JUNTAS DE FE_] + +Thus the old tribunal was revived under another name, and it speedily +proved that such juntas were more dangerous than those of the +Inquisition, as they were not subject to the supervision and control of +the Suprema. A poor schoolmaster of Rizaffa, named Cayetano Ripoll, had +served in the War of Liberation and had been carried as a prisoner to +France, where he became a pervert. He abandoned Christianity for Deism, +while at the same time he was a living embodiment of the teachings of +Christ, sharing his scanty pittance with the needy, and constantly +repeating "Do not unto others what you would not have done unto you." He +did not seek to propagate his beliefs, but he was denounced to the Junta +by a beata for not taking his scholars to mass, for not making them +kneel to the passing viaticum, and for substituting in his school the +ejaculation "Praise be to God" instead of "Ave Maria purissima." He was +arrested September 29, 1824, and his trial lasted for nearly two years. +The testimony confirmed the denunciation and showed that the only +religious instruction which he gave his pupils was the Ten Commandments. +During his prolonged trial he made no complaints; he shared his meagre +prison fare with his fellow-prisoners; he openly avowed his convictions, +and the repeated efforts of the theologians to convert him were futile. +The sentence bore that the tribunal had consulted with the Junta de Fe +and concluded that he be relaxed, as a formal and contumacious heretic, +which had been confirmed by the archbishop. There was no hypocritical +plea for mercy, and the Sala del Crimen of the Audiencia, to which he +was handed over, gave him no hearing or opportunity for defence. Its +function was purely ministerial, and he knew nothing of its action until +the sentence was announced to him that, within twenty-four hours, he was +to be hanged and burnt, but the burning might be figurative by painting +flames on a barrel, in which his body should be thrust into +unconsecrated ground. He listened to this with the patient resignation +that he had exhibited throughout his trial, and his last words on the +gibbet, July 26, 1826, were "I die reconciled to God and man."[1015] + +This barbarity scandalized all Europe and proved to be the last +execution for heresy in Spain. While it gratified the zealots, who were +clamoring for the resurrection of the Inquisition, it displeased +Fernando, who caused the Audiencia to be notified that the Government +recognized no such tribunals as the juntas de fe.[1016] In spite of this +rebuke, the episcopal juntas continued to exercise an irregular and +irresponsible jurisdiction, until the sufferers sought from the Holy See +the protection denied to them at home. Pius VIII listened to their +prayer, whether from motives of humanity or of establishing in Spain the +jurisdiction which the Inquisition had sought so sedulously to exclude, +and, in a constitution of October 5, 1829, he recited the numerous +prayers reaching him from those persecuted in Spain for matters of +faith, asking that they might have opportunity of appealing from +sentences rendered by archbishops and bishops, before being subjected to +punishment. To save them from the expenses and delays of appeals to +Rome, he empowered the tribunal of the Rota, in the papal nunciature, to +hear all appeals in matters of faith, even twice, thrice, four or five +times in succession, until three concording sentences should be +rendered.[1017] Fernando was less sensitive than his predecessors as to +papal encroachments, and he gave this the force of law by a royal order +of February 6, 1830. + + +CRISTINA. + +[Sidenote: _QUESTION OF SUCCESSION_] + +The death of Queen Amalia, May 17, 1829, was an abundant source of +intrigue, for a fourth marriage of Fernando might prove fruitful and +thus destroy the prospects of Don Carlos. The efforts of the Carlists to +prevent it were vain and, on December 9th, Fernando married his neice, +the Neapolitan princess, María Cristina de Bourbon, whose sister +Carlotta was the wife of the Infante Francisco de Paula, the second +brother of Fernando. There was soon prospect of an heir to the throne, +and the uncertainty as to sex rendered it advisable to determine in +advance whether the Salic law excluding females from the succession was +in force or not. The ancient Spanish law, as expressed in the Partidas, +provided for the succession of a daughter in the absence of sons or of +children of a son.[1018] Under this, Spain had seen the glorious reign +of Isabella the Catholic and the unfortunate one of Juana la Loca, and +female succession, in default of male children, was firmly established +in the tradition of the nation until 1713, when María Luisa of Savoy +persuaded her husband Philip V to effect a change. Much pressure was +required to bring this about, but a pragmática, agreed to by the Córtes, +provided that only in the event of the total default of male +representatives should the daughters of the last reigning sovereign +succeed, according to age, and all laws to the contrary were +annulled.[1019] + +In 1784 there was talk of revoking this pragmática, but it was postponed +until after the accession of Carlos IV, when the Córtes of 1789 +petitioned for the revival of the law of the Partidas. The king assented +but, to avoid giving offence to reigning houses whose possible claims to +the succession were thus cut off, it was kept a profound secret, +although filed away in the archives.[1020] This was the position when +Fernando, to assure the succession to a possible daughter, by a +pragmática of March 29, 1830, ordered that of 1789 to be published and +commanded the literal observance of the law of the Partidas.[1021] The +proceedings of 1789 were freely denounced as fraudulent by the Carlists, +they were confident in the support of two hundred thousand Royalist +Volunteers, and they regarded the new pragmática as a reason for more +energetic organization. + +In due time, on October 10th, a girl was born, known to history as +Isabel II. Carlos believed that his rights had been sacrificed and, +though he refused to snatch at the sceptre during his brother's +life-time, he assured his partizans that he would not permit his neice +to mount the throne. Fernando's health was rapidly giving way under +repeated attacks of gout and, on September 17, 1832, his life was +despaired of. The prospect was most critical. Propositions were made to +Carlos about sharing the government, but he declared that conscience and +honor would not permit him to abandon rights given to him at his birth +by God. In the perplexity of the situation, Calomarde, who for ten years +had been the king's most trusted minister, represented to Cristina the +terrors of the inevitable civil war, and the dangers to herself and her +children, for she had recently given birth to a second daughter, María +Luisa Fernanda. She yielded, Fernando assented and signed a paper +annulling the pragmática of 1830, which was read to the assembled +ministers on the night of September 18th, under the strictest +injunctions of secrecy, but it was treacherously divulged, and copies +were posted about the court. Cristina's servants commenced packing her +effects for departure and Carlos, in his apartments, was saluted as +king. + +Fernando however commenced to rally; many nobles offered their lives to +Cristina and formed an association to defend the claims of Isabel. +Carlotta, who was in Andalusia, hastened to Madrid, reaching it on the +22d and, being of a determined character scolded Cristina and threatened +Calomarde--it is even said that she cuffed him in the face, when with +ready wit he quoted Calderon--"White hands inflict no disgrace." +Fernando agreed to recall the decree, when she obtained the original and +the copies and destroyed them. This only led the followers of Carlos to +prepare to assert his claims by force, and there was no time to be lost +in organizing a party to resist them.[1022] + +This necessitated a reversal of the policy of the last ten years, +identified with Calomarde--in fact the period was often designated as +the _Epocha de Calomarde_. The ministry was dismissed; Calomarde was +banished to his native place, and then was ordered to the citadel of +Minorca, but he was concealed in a convent from which he escaped to +France. Fernando, on October 6th signed a decree constituting Cristina +regent during his illness; the next day she issued a general pardon of +all political prisoners and, on the 15th, a general amnesty, including +the exiles who were allowed to return, the only exceptions being those +who at Seville had voted to replace the king with a regency, and those +who had commanded bodies of troops against him, all of whom Fernando +obstinately refused to pardon. This complete reversal of policy led to +some premature insurrectionary movements by the Carlists, but they were +easily suppressed.[1023] + +[Sidenote: _ISABELLA RECOGNIZED_] + +The declaration of September 18th had been destroyed, but it had not +been invalidated. To effect this in the most impressive manner an +assembly was held on December 31st of all the great officers of the +Government, representatives of the grandees, and deputations of the +provinces, in which Fernando presented a holograph paper setting forth +that advantage had been taken of his desperate illness to threaten him +with civil war and induce him to sign a revocation of the pragmatic +sanction of March 29, 1830; now, convinced of his inability to alter the +immemorial customs of the land, he pronounced the nullity of the +declaration which had been snatched from him by surprise. Then he signed +and rubricated the paper, all present were asked whether they had +understood its purport, and the next day, January 1, 1833, the +proceedings of the Córtes of 1789 and their confirmation by Carlos IV +were published.[1024] + +The next step was the assembling of Córtes to take the oath of +allegiance to Isabel, and for this summons were issued April 4th +appointing June 20th. Carlos was got out of the way by inducing Dom +Miguel of Portugal to invite him, but, when Fernando desired to remove +him still further to Italy, a long and very curious correspondence +ensued between the brothers, couched in the most affectionate terms, in +which Carlos evaded obedience. He was the only absent member of the +royal family when the Córtes met, where all, including bishops, +grandees, nobles and the procurators of the cities duly took the oath +of allegiance. The whole kingdom followed the example, and the +Biscayans, under the historic Oak of Guarnica, spontaneously recognized +Isabel as the heiress of Biscay. Yet sparks of rebellion manifested +themselves in one place after another, and there were symptoms of +insubordination in the army, showing that the Carlist organization was +at work and was awaiting only the death of Fernando.[1025] + +By the beginning of September he was scarce more than a living corpse +and on the 29th the end came. The obsequies were held on October 3d, the +leaden coffin having a glass plate through which the face could be seen +and verified. The Duke of Alagon, as captain of the body-guard, +commanded silence and, in a loud voice exclaimed Señor! Señor! Señor! As +there was no reply, he added "Since his majesty does not answer, he is +truly dead." Despite the leaden coffin, the stench was such that several +persons fainted.[1026] It might be said that his malignant influence +lasted until the grave covered him--or, perhaps, the truth is more fully +expressed by Benito Pérez Galdos: "That king, who deceived his parents, +his masters, his friends, his ministers, his partizans, his enemies, his +four wives, his people, his allies, all the world in fact, deceived also +death, who thought to make us happy in delivering us from such a devil, +for he left us his brother and his daughter, who kindled a fearful war, +and the legacy of misery and scandal is yet unexhausted."[1027] + + * * * * * + +[Sidenote: _DEFINITE EXTINCTION_] + +It is not our province to enter into the horrors of the savage Carlist +war, which broke out forthwith and lasted until the Convenio de Vergara +in 1839. The rapid sketch which we have given of its antecedents +suffices to show how Cristina, in order to make head against the +extremists, was perforce obliged to consolidate a party composed of the +moderate Royalists and the Liberals, while the progress of events threw +her more and more into the arms of the latter. The solemn proclamation +of Isabel's succession, October 20th, was accompanied by measures +restricting the oppressive powers of the Royalist Volunteers, restoring +the laws respecting mayorazgos and other reforms of the Constitutional +period. That this process, once begun, should continue with accelerated +momentum was inevitable, and also that it should sweep aside the poor +remnants of the Inquisition. This was so much a matter of course and, in +the comatose condition of the institution, was of importance so slender, +that the memoir writers and historians of the period, if they allude to +it at all, do so in the briefest and most perfunctory manner. Yet the +profound roots which it had struck in the national life, and the hold +which it had acquired on popular veneration, are manifested in the fact +that the struggle for its extinction had extended over a period of more +than twenty years, and required for its consummation a change in the +ideals of a majority of the people. The time for this had at last come, +and the final dissolution was accomplished with only so much of +discussion as to show that the opinions of those called upon to decide +were virtually unanimous in principle and only different as to the +opportuneness of the measure. + +At a meeting of the Consejo de Gobierno, July 9, 1834, there was +submitted the project of a decree for the extinction of the Inquisition +and the disposition of its property. This was considered, July 11th, +when the majority, consisting of the Archbishop of Mexico, the Duke of +Bailen, the Marquis of las Amarillas and Don José María Puig, approved +of the decree, with some unessential modifications. The minority, +consisting of the Marquis of Santa Cruz, the Duke of Medinaceli and Don +Francisco Xavier Caro, opposed the article extinguishing the +Inquisition, on the ground that it was already extinguished, matters of +faith were treated in the episcopal tribunals, and it was inopportune to +call public attention to an affair which all the world regarded as +settled, while the application of the property ought to be submitted to +the approaching Córtes. At the next meeting, held July 13th, a dictamen +was adopted, embodying the views of the majority and suggesting certain +amendments, of no special moment in principle, which were virtually +accepted by the Regency.[1028] No time was lost in making the final +draft, which was published July 15th. The preamble recited the desire of +the Regency to strengthen the public credit in all ways compatible with +justice; that the late king had considered the imprescriptible episcopal +jurisdiction and the laws of the land sufficient for the protection of +religion; that a decree of January 4, 1834, had committed to the +bishops censorship over writings on religion, morals and discipline; +that the labors on the criminal code, now completed, established +appropriate penalties for assaults on religion, and that the _Junta +eclesiastica_, created by decree of April 22d, was occupied with +proposing what was deemed necessary to this end. Therefore the Regent, +in order to provide a remedy, in so far as the Real Patronato extended +and with the concurrence of the Holy See, as far as this was necessary, +after consulting the Council of Government and the ministers, decreed-- + +Art. I. The tribunal of the Inquisition is declared to be definitely +suppressed. + +Art. II. Its property is appropriated to the extinction of the public +debt. + +Art. III. The one hundred and one canonries annexed to the Inquisition +are applied to the same object, subject to the royal decree of March 9th +last, and for the time expressed in the Apostolic bulls. + +Art. IV. The employees who possess prebends or obtain salaried civil +offices will have no claim on the funds of the Tribunal. + +Art. V. The other employees will receive from the sinking fund the exact +salaries corresponding to the classification which they will establish +with the Junta eclesiastica.[1029] + +Such was the brief and decisive decree which terminated the existence of +the institution created by the piety of Isabella and the fanaticism of +Torquemada. + +[Sidenote: _VICISSITUDES OF TOLERATION_] + +There still remained the juntas de fe of the bishops, some, at least, of +whom persisted in maintaining them, with the old inquisitorial methods, +in spite of the constitution of Pius VIII and the royal decree of +February 6, 1830. Their continuance was incompatible with the rapidly +increasing anticlerical spirit of the dominant party, and they were +prohibited by a decree of July 1, 1835, in which, after alluding to the +disregard of the papal and royal utterances, Cristina ordered that they +should cease immediately wherever they had been established. The +ordinary episcopal courts were required to observe the law of the +Partidas, the canons and the common law in all cases of faith and +others, of which the extinguished Inquisition had had cognizance, +conforming their procedure to that in other ecclesiastical matters and +admitting the appeals allowed by law. Cases of solicitation were +provided for by a clause providing that, where scandal or offence to +morals might ensue, a prudent secrecy should be observed, the hearings +to be held with closed doors, in the presence of the accused and his +counsel, from whom nothing was to be withheld.[1030] Thus the last trace +of inquisitorial procedure was forbidden on Spanish soil. + + * * * * * + +After so many centuries of conscientious intolerance, the lesson of +toleration was hard to learn. On August 14, 1836, the _Motin de la +Granja_ forced Cristina to proclaim once more the Constitution of 1812, +with its prohibition of any religion save Roman Catholicism. This +instrument, with all its crudities, was soon found to be unworkable, and +the Constitution of 1837 marked an advance, in its simple declaration +that the State obligated itself to maintain the cult and ministers of +the Catholic religion, which was that of Spaniards. Then came a reaction +and, when the Constitution was revised in 1845, the principle of +intolerance was reaffirmed. The European disturbances of 1848 +strengthened this spirit in the Church, and it found expression in the +penal code of 1851, of which Articles, 128, 129, 130 and 131 inflict +imprisonment and exile for any attempt to change the religion of Spain, +for public worship in other faiths, for apostatizing from Catholicism, +or for publishing doctrines in opposition to it.[1031] The Spanish +bishops were even encouraged to call for the revival of the Inquisition +under their management, but this would have been superfluous.[1032] That +the law was quite sufficient for the repression of Protestant propaganda +was shown, in 1855 by the long imprisonment and exile of Francisco Ruet +at Barcelona. It is true that in 1856, during the brief return of the +Liberals to power, a Constitution on a more tolerant basis was framed, +but a speedy reaction prevented this from going into effect, and the +instrument of 1845 remained in force until the revolution of 1868. +Ruet's chief disciple was Manuel Matamoros, who made numerous converts +in Málaga, Granada and Seville, but, in 1860, prosecution caused to fly +to Barcelona, where he was thrown in gaol and taken back to Granada. +Some twenty more were arrested, among whom were his two principal aids +José Alhama and Trigo. Matamoros and Alhama were condemned to eight +years of presidio and Trigo to four, while similar sentences were +pronounced in Seville on Tomas Bordallo and Diego Mesa Santaello. The +affair made a sensation throughout Europe; the Evangelical Alliance +bestirred itself and a deputation representing nearly every nation +assembled in Madrid to intercede for the convicts. The pressure was so +great that, on May 20, 1862, the sentence rendered three weeks before +was commuted to nine years' of exile, which enabled the Evangelicals, +from the safe refuge of Gibraltar, to maintain relations with their +secret converts.[1033] That under this reaction the resuscitation of the +Inquisition was seriously considered, may be assumed from the +publication, in 1859, of a pamphlet containing the speech of Ostolaza, +in the Córtes of Cádiz, in favor of the Inquisition, and those of Muñoz +Torrero and Toreno against it, with the manifesto of the Córtes, thus +contributing to the debate, under the guise of impartiality, the weight +of argument against the Holy Office.[1034] + +When came the revolution of 1868, the Constituent Córtes, after a +vigorous debate, affirmed, May 8, 1869, the principle of religious +liberty by the decisive vote of 163 to 40. In the new Constitution, +proclaimed June 6th, the free exercise, public and private, of faiths +other than Catholicism was guaranteed both to foreigners and +Spaniards.[1035] Under this the _Código penal reformado_, which is still +in force, provides penalties of fine and imprisonment for any +interference with religious belief, whether by constraint to acts of +worship or impeding those of the individual's chosen faith.[1036] +Finally, in 1876, still another Constitution, which has endured to the +present time, after declaring Roman Catholicism to be the religion of +the State, prohibits the molestation of any one for religious opinion or +for the exercise of his cult, in so far as Christian morals are +respected, but it does not permit public ceremonies other than those of +the State religion.[1037] + +[Sidenote: _VICISSITUDES OF TOLERATION_] + +This summary of the vicissitudes in the progress of toleration, since +the suppression of the Inquisition, is not foreign to our subject, for +it teaches two lessons. One is that the main assaults on the +ecclesiastical system of Spain, its members and its temporalities, were +committed before toleration was extended to the heretic, for the +secularization of church property, the abrogation of tithes and first +fruits and the suppression of the regular Orders were chiefly effected +by measures adopted between 1835 and 1855. The other is that the slender +results of Protestant propagandism, from the days of George Borrow to +those of Pastor Fliedner, show how little Catholicism has to fear from +such efforts among a people who, if they abandon the faith of their +fathers, are much more apt to seek refuge in negation of religion than +in heresy. Together they demonstrate that the terrors of the Inquisition +were superfluous, and that the injuries which it inflicted on Spain were +not compensated by any corresponding benefits, even from the stand-point +of the Church. + + + + +CHAPTER II. + +RETROSPECT. + + +[Sidenote: _PRESENT CONDITION_] + +No modern European nation has endured such vicissitudes of good and evil +fortune as the Spanish. From the virtual anarchy of the Castilian +kingdoms under Juan II and Enrique IV, the resolute wills of Ferdinand +and Isabella evoked order and, by the union with Aragon, the conquest of +Granada, Naples and Navarre and the acquisition of the New World, they +left Spain in a most commanding position. When, under Charles V, to this +were added the Netherlands, the Austrian possessions, Milan and the +headship of the Holy Roman Empire, the hegemony of Europe was secured, +and the prospect of attaining the universal monarchy seemed sufficiently +possible to arouse the fears of Europe. The loss of the Empire and of +Austria, awarded to the younger branch of the Hapsburgs, strengthened +rather than weakened the inheritance of Philip II, by rendering it less +cumbrous and unwieldy, while the acquisition of Portugal unified the +Peninsula and the increasing wealth of the Indies promised almost +unlimited resources for the extension of his power. Yet this power, so +colossal in outward seeming, was already becoming a mere shell, covering +emptiness and poverty, for its rulers had exhausted the nation in +enterprises beyond its strength and foreign to its interests. Throughout +the seventeenth century its downward progress was rapid until, at the +death of Carlos II, in 1700, it had reached a depth of misery and +helplessness in which it might almost despair of recuperation. Yet its +efforts, in the War of Succession, showed that it still possessed a +virile nationality; its decadence was arrested, and a slow upward +progress was begun, accelerated under the enlightened rule of Carlos +III, until, at his death in 1788, it had so far regained its position +that, if not yet a power of the first rank, it might not unhopefully +look forward to attaining that position. Then followed the weak and +disastrous reign of Carlos IV, under the guidance of Godoy, when +impotence invited the intrusion of Napoleon, resulting in the +manifestation of national energy, which surprised the world in the +heroic War of Liberation. After the Restoration in 1814, the land was, +for more than half a century the scene of almost unintermittent conflict +between antagonistic forces, resulting in the apathy of exhaustion after +attaining the form of democratic constitutional monarchy. Yet we are +told that absolute monarchy has merely been replaced by absolute +_Caciquismo_ or, in American parlance, the rule of the political +"boss."[1038] Government, it seems, is exploited purely for the private +interest of the office-holding class and the strength of the nation has +been wasted, its development has been neglected, until the unexpected +feebleness revealed in the war of 1898 led earnest patriots to declare +that, if the existing maladministration were to continue, it would be +better to seek shelter under England or France, and to put an end to the +history of Spain as an independent nation.[1039] This shock to the +national consciousness, and the skilful and vigorous agitation to which +it gave birth, bear promise of results in the political as well as in +the material and industrial development of the land, and we may +reasonably hope that a nation, which has suffered so much with +fortitude, is entering upon a new career that may make amends for the +miseries of the past. + +Vicissitudes such as these have their causes, and we cannot conclude +this long history of the Inquisition without inquiring what share it and +the spirit, which at once created and was stimulated by it, contributed +to the misfortunes endured, with few intermissions, by the Spanish +people since its organization. These causes are numerous, many of them +not directly connected with our subject, but yet to be enumerated in +order that undue importance may not be ascribed to the influence of the +Inquisition. + + * * * * * + +To begin with, the Spanish monarchy developed into a pure despotism, +based on the maxim of the Institutes--_quod principi placuit legis habet +vigorem_--the prince's pleasure has the force of law. All legislative +and executive functions were concentrated in the crown; the king issued +laws, levied taxes, raised troops, declared war, made peace at his will, +and the execution of the Justicia Lanuza, in 1591, without a trial, +shows that the lives of his subjects were at his disposal. It was the +same with their liberties, as illustrated by the imprisonment, without a +hearing, of ministers like Cabarrús, Floridablanca, Jovellanos and +Urquijo. For awhile the ancient fueros of the kingdoms of the crown of +Aragon served as some restraint in those territories, but Philip V, in +1707 and 1714, took advantage of the War of Succession to declare them +forfeited. Under such concentration of authority, the fate of the nation +depended on the character and capacity of the monarch. Charles V had +unquestioned ability, but his ambitious enterprises, while flattering to +the national vanity, not only exhausted the resources of Spain, in +quarrels foreign to its interests, but crippled its prosperity by the +reckless devices employed to supply his needs. Philip II was a man of +very moderate talents, irresolute and procrastinating to that degree +that the Venetian envoy Vendramino, in 1595, declared that what would +cost another prince ten ducats cost him a hundred, in consequence of his +dilatoriness.[1040] His enormous and disjointed empire was too much for +his narrow intelligence, and his vast expenditures in defence of Latin +Christianity consumed all his resources and kept him in perpetual +financial straits. At his death, in 1598, he had nothing to show for the +ruin of his country but the gloomy pile of the Escorial and the +acquisition of Portugal. Holland was hopelessly lost; his rival, Henry +IV, was firmly seated on the throne of a reunited France, and the papacy +was alienated. The internal condition of the land is depicted in the +despairing complaints of the Córtes of 1594--"The truth, which cannot be +questioned, is that the kingdom is totally exhausted. Scarce any man has +money or credit, and those who have it do not employ it in trade or for +profit, but hoard it to live as sparingly as possible, in hope that it +may last them to the end. Thus comes the universal poverty of all +classes.... There is not a city or a town but has lost largely in +population, as is seen by the multitude of closed and empty houses, and +the fall in the rents of the few that are inhabited."[1041] + +[Sidenote: _GOVERNMENT BY FAVORITES_] + +With Philip III we commence the long line of favorites who dominated +Spain during the seventeenth century. Well meaning, but weak and +incapable, he left everything to the Duke of Lerma, under whose guidance +a reckless course of prodigality was followed as though the only trouble +was to get rid of surplus revenues. Charles V had cast aside the severe +simplicity of the old Castilian court for the stately magnificence of +the Burgundian household; his successors followed his example, in spite +of the remonstrances of the Córtes, but where Philip II spent on it four +hundred thousand ducats a year, Philip III lavished a million and three +hundred thousand, while he was begging money of his nobles and prelates +and seeking to seize all the plate in the kingdom in order to coin it. +He was not alone in this, for the nobility and gentry were consumed with +usury and overwhelmed with debt, owing to their extravagance. The +Venetian envoy Contarini, in 1605 describes the land as overspread with +poverty and general discontent and all the evils attendant upon a +corrupt and vicious government, under an indolent king and a rapacious +and incapable minister. The worst war, he concludes, that could be made +on Spain was to allow it to consume itself in peace under misgovernment, +while to attack it would be to arouse the dogged determination of the +people. The reports of the Lucchese envoys tell the same story.[1042] +Such was the condition when the expulsion of the Moriscos robbed the +land of its most productive class. + +Matters grew worse when Philip IV ascended the throne, in 1621. +Good-natured, affable, indolent and pleasure-loving, his thirty-one +unacknowledged natural children, besides the acknowledged one--the +second Don John of Austria--serve to explain why he abandoned the cares +of state to his favorite, the Count-Duke Olivares, after whose fall in +1643 his nephew, Don Luis de Haro, succeeded to the post. The official +historiographer describes Spain, at his accession, as being in +extremity, and the people crushed under their burdens; everything was in +disorder, and the condition of the nation so weakened that it could only +be deplored and not amended. Yet Philip's first act was to break the +truce with Holland and, from that time to the end of his long reign, he +was involved in almost continual war. He called together the Córtes and +asked for supplies to which they replied by petitioning him to try to +stop the general depopulation and find occupation for the people, who +were wandering with their families over the country in vain search for +work.[1043] Yet Philip, engrossed with his plebeian amours and the +pleasures of his court, continued his wars and his extravagance, without +giving thought to the misery of his people whom he was crushing with +ever new exactions. The courtly festivities were conducted with a +magnificence till then unexampled; the carnival festival of 1637 was +officially admitted to cost three hundred thousand ducats and was +popularly estimated at half a million.[1044] In 1658 the Venetian envoy +reports his giving to the son of Don Luis de Haro fifty thousand pesos +for skilfully arranging a ballet for the ladies of the court. Every +bull-fight cost him sixty thousand reales, and the celebration at the +birth of Prince Prosper (who speedily died) involved an expenditure of +eight hundred thousand pesos. All this, as the envoy remarks, was +extracted from the blood of the miserable people, who were poorer in +Spain than anywhere else. The immense resources of the kingdom were +absorbed by the rapacity of the ministers or were dissipated by the +profuseness of the king.[1045] + +[Sidenote: _RESOURCES AND POSSIBILITIES_] + +In 1665, Carlos II, then but four years of age, succeeded to his father, +under the regency of the Queen-dowager Maria Ana of Austria. We have +seen how she abandoned affairs to her confessor, the Jesuit Nithard, and +when he was dismissed by the efforts of Don John of Austria, in 1669, +she replaced him with the worthless favorite Fernando de Valenzuela. +Again Don John was called in; Valenzuela was exiled to the Philippines +and Don John assumed the reins of government. His limited abilities were +unequal to the task; he was driven from power and died soon afterwards +in 1679. Carlos had been declared of age in 1675; he was utterly +incapable and, though he can scarce be said to have had favorites, under +such ministers as the Duke of Medinaceli and the Count of Oropesa, Spain +sank deeper in misery and degradation until his death in 1700. The +kingdom was reduced to the last extremity, without money, without +industry, without means of defence to resist the aggressive wars of +Louis XIV, or to defend the colonies from the ravages of buccaneers. The +population is said to have shrunk to 5,000,000; in 1586 it had been +estimated at 8,000,000 by the Venetian envoy Gradenigo.[1046] Such was +the result of two centuries of absolute government, under monarchs not +wilfully evil, who merely reigned according to the light vouchsafed +them. + +Yet it was not so much the extravagance of the court, or the perpetual +wars of the Hapsburgs, or the emigration to the colonies, that reduced +the population and the power of Spain. The land could have endured all +these if its rich resources and vast opportunities had been wisely +developed. Lying between two seas and holding Sicily and Naples, it +commanded the Atlantic and the Mediterranean; with its wealthy colonies, +the source of the precious metals which revolutionized the finances of +Europe and furnished the basis for the most profitable commerce that the +world had seen, it was invited to become the greatest of maritime +states, with a navy and a mercantile marine beyond rivalry, dominating +the seas as the Catalans had dominated the Mediterranean in the +thirteenth and fourteenth centuries. It was largely secured from hostile +aggression by the Pyrenees, and could work out its destinies with little +to fear from external enemies. It is true that much of its surface is +mountainous, and that large districts suffer from insufficient +precipitation, but the Moors had shown what wonders could be wrought by +irrigation, and how, by patient labor, even mountain sides could be made +to yield their increase. No land could boast a greater variety of +agricultural products, including those of semi-tropical and temperate +zones which, combined with mineral wealth, should have rendered it +self-supporting. All that was needed was steady and intelligent +industry, fostered by wise legislation, encouraging production and +commerce, and enabling every man to work out his own career with as few +artificial impediments as possible, and Spain might be today what she +was in the sixteenth century, the leader among civilized nations. + +This was not to be. The fatal gift of the Burgundian inheritance +distracted the attention of her rulers from the true arena of her +expansion in Africa and on the ocean, to distant enterprises wholly +foreign to her true interests, while the undeviating determination to +enforce unity of faith at home, and to combat heresy elsewhere, led her +to drive out her most useful population, and involved her in ruinous +expenditures abroad. To extort the means for the furtherance of this +policy, industry was strangled with the most burdensome and complicated +system of taxation that human folly could devise, the weight of which +fell almost exclusively on the oppressed producing classes, who were +least able to endure it, while the nobles and gentry and clergy, who +held by far the larger portion of Spanish wealth, were exempt.[1047] As +taxation was virtually at the discretion of the monarch, imposts were +added as the exigencies of extravagance demanded, usually with little +thought as to their consequences, until the taxpayer was entangled in a +network which crippled him at every step. This moreover was accompanied +with regulations to prevent evasions, and to protect the consumer at the +expense of the producer, which greatly enhanced the deadly influence of +the anomalous and incongruous accumulation of exactions. + +[Sidenote: _OPPRESSIVE TAXATION_] + +All this fell with peculiar weight on agriculture and on the +_labradores_ or peasants, on whom ultimately the support and prosperity +of the nation depended. When, in 1619, the Royal Council, in obedience +to the commands of Philip III, presented an elaborate consulta on the +causes of depopulation, it commenced by ascribing this to the grinding +and insupportable taxation of the producing taxables, and the exemption +of the consuming classes--the mules and cart of the peasant were seized +for taxes, he was driven from the land and hid himself in the large +cities, or sought a livelihood abroad.[1048] The warning was unheeded +and, ten years later, Fray Benito de Peñalosa y Mondragon, while +enthusiastically extolling the power and wealth of Spain, describes the +condition of the labradores as the poorest, most completely miserable +and depressed of all, as though all the other classes had combined and +conspired to ruin and destroy them. Their cabins and huts of mud walls +are decaying and crumbling, they possess some badly cultivated lands and +lean cattle, always hungry for lack of the common pasture, and they are +burdened with tributes, mortgages, taxes, censos and many impositions, +demands and almsgivings that cannot be escaped. In place of wondering at +the depopulation of villages and farms, the wonder is that any remain. +Probably most of those who go to the Colonies are labradores and they +also flock to the cities, engaging in all kinds of service.[1049] + +The process went on without interruption. A century later an experienced +financial official tells the same story, in a report to Philip V. The +burden of taxation fell upon the poor; all that was unpaid was added to +the levy of the succeeding year; a horde of blood-suckers lived by +selling out delinquents, when the costs amounted to more than the taxes. +Consequently the poor were obliged to sell their property to meet the +demands of the tax-gatherer, or to let it be seized and sold, thus +becoming beggars and tramps, and every year saw their numbers increase. +The peasant, moreover, was subject to special and ruinous restrictions. +The tassa or price of his grain was officially determined every year, at +a maximum above which he was forbidden to sell it; moreover it could not +be exported, nor could it be transported by sea from one province to +another to prevent infractions of the prohibition. The result of this +was that if the harvest was deficient, grain was secreted and held at +exorbitant prices and this infraction of the law was winked at under +necessity. The sufferer was the peasant, who had not the means of +storing his grain but had to sell it to the wealthy who could withhold +it, and thus, whether the harvests were abundant or scanty he fared ill. +Thus production was discouraged and diminishing; the producer realized +little, while the consumer paid extravagantly, checking both production +and consumption. Lands were left uncultivated and labor was unemployed; +everything moved in a vicious circle, and the evil was constantly +growing. Trade was similarly strangled. The alcavala of 10 per cent. and +the cientos of 4 per cent. were levied on every transaction, no matter +how often an article changed hands. Manufactures, under this system, had +almost disappeared. Spaniards were forced to sell their raw products to +foreigners at low prices, for there were no other buyers, and to +purchase them back in their finished state at the sellers' prices. The +heavy tariff increased the cost to the consumer, while innumerable +smugglers enabled the importers to realize the benefit of the duties. +The foreigner, moreover, secured all the precious metals of the Indies, +for all exports thither were of foreign goods, with which Spaniards +could not compete, owing to the excessive imposts and tributes, which +doubled the price of everything to the consumer. Yet of the product of +these crushing burdens but little reached the treasury, owing to the +system of collection, smuggling, and frauds.[1050] + +[Sidenote: _THE MESTA--FORESTRY LAWS_] + +The disabilities thus imposed on agriculture, industry, and trade were +greatly aggravated by the absence of means of intercommunication, and it +is symptomatic of Spanish policy that the energies of the rulers were +concentrated on the suppression of heresy, foreign wars and court +festivities to the exclusion of care for internal development. It is +true that, under Charles V and Philip II, considerable effort was spent +on the water-ways; the Canal Imperial de Aragon was built along the +Ebro, as well as the smaller canals of Jarama and Manzanares, and there +were improvements in the navigation of the Tagus and Guadalquivir, but +these ceased and no attention was paid to the roads which, for the most +part were mere _caminos de herradura_, or mule-tracks. Even as late as +1795, Jovellanos tells us that there was no communication by wagon +between the contiguous provinces of Leon and Asturias, so that the wines +and wheat of Castile could not bear the expense of mule carriage to the +seaboard. In 1761 Carlos III undertook to construct highways from Madrid +to Andalusia, Valencia, Catalonia, Galicia, Old Castile, Asturias, +Murcia and Extremadura, but in 1795 none of them had reached half-way, +and no attention was paid to interprovincial wagon-roads, to enable the +miserable peasant to get from village to village, or from market to +market, save at the cost of exhausting his cattle and at the risk of +losing everything in a mudhole.[1051] + +Another intolerable burden on agriculture was the _Mesta_, or +combination of owners of the immense flocks of sheep, which wintered in +the lowlands and summered in the mountains. Through privileges dating +from the fourteenth century and gradually increased, the provinces, +through which the trashumantes or migratory flocks passed, were +subjected to serious disabilities. Pasturage could not be broken up for +cultivation, its rental was fixed by an unalterable _tassa_, and a +_mesteño_ tenant could not be evicted. All enclosures were forbidden in +order that the flocks when migrating might feed without payment on the +stubble in the autumn and on the fallow land in the spring, although +this privilege was somewhat curtailed in 1788 by permitting the +enclosure of orchards, vineyards and plantations. Thus the husbandman +was deprived of control over his property and the raising of horses and +of stationary herds of cattle and sheep--vastly more important than the +_trashumantes_--was effectually discouraged within the range of the +Mesta. Equally short-sighted were the forestry laws, designed to foster +the production of lumber, which was greatly needed both for building and +shipping. The owner was obliged to get and pay for a permit before he +could fell a tree, to obey fixed rules as to pruning, to sell against +his will and at a fixed price, to admit inspections and official visits, +and to answer for the condition and number of his trees--thus opening +the door to unlimited extortion. In short, the freedom of action through +which men seek their interests, and thus contribute to the general +welfare, was destroyed by the paternalism of an absolute government, +which blindly hampered all improvement and checked all individual +initiative and ambition.[1052] + +This explains the _despoblados_ and _baldíos_--the depopulated villages +and uncultivated lands--which were the despair of the statesmen who +discussed the possible regeneration of Spain. According to Zavala, in +the circumscription of Badajoz alone, the _baldíos_ amounted to over +three hundred square leagues, mostly good farm land, in which the +remains of buildings could be traced, but then grown up in copses and +thickets, affording refuge to wolves, smugglers and robbers. In +Andalusia, Jovellanos tells us that these baldíos were immense; they +were less in Extremadura, La Mancha and the two Castiles, while, in the +northern provinces, from the Pyrenees to Portugal, the population was +denser and the baldíos less frequent and of inferior quality.[1053] We +have seen the attempt made by Carlos III to reclaim these districts with +the _nuevas poblaciones_, and how the promising experiment was checked +by the Inquisition. + +[Sidenote: _INDOLENCE_] + +As though these blind and irrational policies were insufficient to +destroy prosperity, an equally efficient factor was devised in tampering +with the coinage. This began tentatively in 1566 by Philip II, in +diminishing the alloy of silver in the vellon or copper coinage. In +1602, Philip III, in his financial distress, was bolder and resolutely +issued a pure copper coinage with a fictitious value of seven to two, +calling forth the protest of Padre Mariana which cost him his +prosecution by the Inquisition. In 1605 the Lucchese envoy informs us +that the treasury had already reaped a profit of 25,000,000 ducats by +this fiat money, of which the marc cost 80 maravedís and had a forced +circulation of 280. This was the first of a long series of violent +measures continued throughout the seventeenth century, of alternate +expansion and contraction. Thus, in 1642 the fictitious legal-tender +value was suddenly reduced to one-sixth, followed in 1643 by raising it +fourfold, and in 1651 by increasing it still further. In 1652 an attempt +was made to demonetize the vellon, June 25th, which was abandoned +November 14th. In 1659 the _vellon grueso_ was reduced in value one-half +and, in 1660 it was trebled. Attempts were made to regulate prices by +decrees of _maxima_ and to prevent or define the inevitable premium on +gold and silver, but the unwritten laws of trade were imperative, until +at last, in 1718, the _real de plata_ was admitted to be worth twice the +_real de vellon_, a ratio which remained nearly permanent. The largest +vellon coin was the _cuartillo_, or fourth of a real, equivalent to +about three cents of American money, which became the standard of value +in Spanish trade; the coins were tied in bags of definite amount and +these passed from hand to hand, for the precious metals necessarily +disappeared, and were rarely seen except in Seville, in spite of the +most savage decrees against their exportation.[1054] It would be +impossible to exaggerate the disastrous influence on industry and +commerce of these perpetual fluctuations of the circulating medium. The +relations between debtor and creditor, between producer and consumer, +were ever at the mercy of some new decree that might upset all +calculations. All transactions, from the purchase of a day's supply of +bread to a contract for a cargo of merchandise were mere gambling +speculations. + + * * * * * + +These causes of decadence were accentuated by an aversion and contempt +for labor, which was recognized as a Spanish characteristic, +attributable perhaps to the long war of the Reconquest and the endless +civil broils which rendered arms the only fitting career for a Spaniard, +and accustomed him to see all useful work performed by those whom he +regarded as belonging to inferior races--Jews and Mudéjares. Their +expulsion was destructive to all industrial pursuits, but the Old +Christian still looked down on the descendants of the Conversos who were +to a large extent debarred, by the statutes of Limpieza, from the +Spanish resource of living without labor by entering the Church or +holding office. The evil effects of this were intensified by +constitutional indolence. The Spanish Conquistadores gave memorable +examples of indefatigable energy and hardihood, sparing no toil when +their imaginations were inflamed with the lust of conquest or the hopes +of gold, but they would not work as colonists. One of them, Bernardo de +Vargas Machuca, who for thirty years was Governor of Margarita, defends +the enslavement of the Indians by candidly saying that Spaniards would +not settle on unoccupied land, no matter how healthy or how rich in gold +and silver, but would go where there were Indians, even if the land were +sterile and unhealthy for, if they had not Indians to work for them, +they could not enjoy its products, and its possession would be no +benefit.[1055] Nor were the Spaniards of whom he speaks gentlemen +adventurers, but were mostly drawn from the humbler classes. It was the +same at home. Already, in 1512, Guicciardini, who spent two years in +Spain as envoy from Florence, describes Spain as a land rich in natural +resources, but sparsely populated and largely undeveloped. The people, +he says, are warlike and skilled in arms, but they look upon industry +and trade with disdain; artisans and husbandmen will work only under +pressure of necessity and then rest in idleness until their earnings are +spent.[1056] The Córtes of Valladolid, in 1548, complain that +agricultural laborers and mechanics would not come to work before 10 or +11 o'clock, and would break off an hour or two before sunset. A century +later, Dormer, the historiographer of Aragon, reproves the indolence of +the people, except in Catalonia, for they would not work as was +customary in other lands, but only a few hours a day, with perhaps +frequent intermissions, and they expected this to provide for them as +fully as the incessant labor of other lands.[1057] + +[Sidenote: _EDUCATED IDLENESS_] + +Spanish indolence was a frequent theme with the Venetian envoys who +describe Spain as abounding in resources, and able to supply all its +needs, but dependent upon foreign nations in consequence of the rooted +dislike for labor. As Gianfrancesco Morosini writes, in 1581, the people +have little aptitude for any of the mechanic arts, and are most +negligent in agriculture, while in manual labor they are so slow and +lazy that what anywhere else would be done in a month, here takes +four.[1058] The Lucchese envoys, in the next century, tell the same +story. There are few Spaniards, they say, except office-holders, who +will work; the greater part of the workmen are foreigners, who have made +a new Spain, to the great detriment of the old kingdoms. This explains +why Spain is only a port through which the precious metals pass; the +Spaniards consume only foreign merchandise imported by foreign +merchants; among the contractors there is not a single Castilian, and +there are more pieces of eight in China than in Spain.[1059] So, in +1687, Luis de Salazar y Castro attributes the decline of the monarchy to +its substance flowing out through every pore, and the ultimate cause of +this is the lack of energy. "I say it is our indolence, ignorance and +want of application ... we attribute to deficient population what is +laziness and sloth. Could our torpidity go further than our requiring +Frenchmen to makes tiles, to grind knives, to carry water and to knead +bread?"[1060] A moralist of the period is excessively severe upon this +indolence coupled with reckless extravagance, which he compares with the +tireless industry and thrift of the Frenchman.[1061] To this he +attributes the poverty of Spain, as we have seen (Vol. III, p. 390) had +been done, in 1594, by Francisco de Idiaquez, the secretary of Philip +II. + +One development of this indisposition to labor is touched upon by the +consulta of the Royal Council in 1619, when it alludes to the +multiplication of grammar-schools, to which the peasants send their +children for a smattering of education, and thus withdraw them from +productive industry.[1062] The Córtes of the same year asked for +restrictions on this and Navarrete, in his commentary on the consulta, +dwells at some length on the evils thence arising, for the sons of +peasants flock thither, to gain the exemptions of the learned classes; +an infinite number of them fail to reach the priesthood, becoming +beggars and vagrants and criminals, while many of those who enter orders +are forced to dishonorable practices, the public suffering in +consequence from the lack of laborers and artisans.[1063] Protests were +in vain and, in 1753, Gregorio Mayans y Siscar still called attention to +the crowds of half-educated students who sponged on the +community--drones who sucked the honey while they might be of service in +driving a plough or handling a musket--a complaint echoed with still +greater vigor by Jovellanos in 1795.[1064] + +To this tendency may be attributed the frenzied rush for office, to +which the suggestive name of _empleomanía_ has been given, burdening the +State with a vast superfluity of employees and depriving it of their +services in useful production. In 1674 the Lucchese envoy wonders at +the revenues, estimated at seventy-five millions, without apparent +result, which he ascribes partly to the waste in collecting, the +collectors employed numbering two hundred thousand--a manifest +exaggeration, but yet suggestive.[1065] About 1740, Macanaz ranks this +as the first in his enumeration of the causes of Spain's condition; +there are, he says, a thousand employees where forty would suffice, if +they were kept at work, and the rest could be set at some useful +labor.[1066] The evil still continues, if we may believe modern writers +who regard it as one of the serious impediments to prosperity.[1067] + + * * * * * + +[Sidenote: _IMPROVEMENT_] + +From the depth of poverty, disorder and humiliation to which Spain had +fallen, the process of recuperation under the Bourbons was slow and at +first vacillating. Something was accomplished by Philip V, in spite of +his continual wars and his melancholy madness, when he had rid himself +of such adventurers as Alberoni and Ripperda and gave scope to the +practical genius of Patiño.[1068] The upward impulse continued under +Fernando VII, while, under Carlos III and his enlightened ministers the +progress was rapid. A memorial addressed by Floridablanca to the king, +towards the close of his reign, enumerates the reforms and works of +utility undertaken during his ministry. There were canals, both for +navigation and irrigation, the drainage of marsh lands, the +establishment of the nuevas _poblaciones_, the improvement of roads. The +trade to the colonies was thrown open to all the ports instead of being +restricted to Seville, with the result that the exports quickly trebled +and the customs revenue doubled. The Banco Nacional was founded and the +public credit, which had fallen very low, was speedily restored. +Insurance companies were established and other trading associations, +which gave life to industry and commerce. The tariff on imports was +rendered uniform at all the ports, and its schedules were arranged so as +to foster internal development, being light on machinery and raw +materials and heavy on articles produced in Spain, not only stimulating +industry to the great prosperity of the land, but increasing the +customs revenue to a hundred and thirty millions when it had previously +never exceeded thirty millions in the most prosperous years. The +complicated and burdensome Rentas _Provinciales_ were regulated so as to +fall equally on the various provinces and to be easily borne; the +_Millones_ were reduced one-half; the formalities of the alcavala were +simplified and its percentage greatly reduced, so as to bear lightly on +industry, and with the expectation of its abrogation. The numbers of the +exempts were diminished. All the mechanic arts were "habilitated," so +that nobles engaging in them should not forfeit their nobility, thus +taking away the excuse for idleness and vice of those who called +themselves noble and refused to work, however poor they might be. +Through this policy during the reign of Carlos III, the population of +Peninsular Spain increased by a million and a half and, under his +guidance it emerged from the Middle Ages and began to take position with +modern nations.[1069] + +Much as had thus been accomplished, much remained to do, as set forth, +in 1795, by Jovellanos in his celebrated "Informe." Unfortunately +progress was arrested by the indolent Carlos IV and his favorite Godoy. +Then came the Napoleonic wars, and the course of events, as traced in +the preceding chapter, was not conducive to improvement. Yet, in all the +vicissitudes which Spain has endured since then, if we may trust the +growth of population as an index of advancement, the substitution of +liberal institutions for absolutism has proved a success and, however +real may be the abuses of which the reforming element complains, the +present situation is vastly better than the past. The census of 1768 +showed a total of 9,309,804; that of 1787, 10,409,879; that of 1799, +something over 12,000,000. Then there was a falling off and, in 1822, it +was 11,661,980. Yet, in spite of Carlist wars and political troubles, in +1885, it had risen to 17,228,776, and it is now reckoned at 19,000,000 +or about double that of the period of Spanish greatness. The fair +inference from this is that Spain has a future; that, while much remains +to do, much has been accomplished, and that there is progress which, if +continued, will restore in great measure her ancient strength, although +the enormous growth of modern nations precludes the expectation that she +can resume her commanding position. + +In addition to these secular causes of Spanish decadence, there remains +to be considered another class of no less importance--those arising from +clericalism, or the relations of the Church to the State, and its +influence on the popular character and tendencies. + +The accumulation of lands and wealth by the Church, and especially by +the religious Orders, was, from an early time, a source of concern to +statesmen and of complaint by the people, for the exemption from the +royal jurisdiction, from military service and from taxation, claimed as +imprescriptible rights by the Church, weakened the power of the State +and threw increased burdens upon the population. Almost all the European +nations endeavored to curb this acquisitiveness by laws of which the +English Statutes of Mortmain and the French _droits d'amortissement_ may +be taken as examples. These acquisitions came from two sources, each +abundantly productive--gifts or bequests and purchase. The sinner, +unable to redeem in money the canonical penance for his sins impossible +to perform, would make over a piece of land and obtain absolution or, if +on his death-bed, would bequeath a portion of his estate to be expended +in masses for his soul--perhaps founding a _capellanía_ for that +purpose, or as provision for a son who would serve as chaplain. So +audacious became the demands of the Church on the estates of the dying +that, in 1348, the Córtes of Alcalá complained that all the Orders +obtained from the royal chancery letters empowering them to examine all +testaments, whereupon they claimed all bequests made to uncertain places +or persons; also, if there was not a bequest for each Order, those +omitted demanded one equal to the largest in the will and they further +claimed the whole estates of those who died intestate. If these demands +were contested, they wearied the heirs with litigation into a +compromise. Alfonso promised to revoke all such letters but the Black +Death, which speedily followed, brought an immense accretion of lands +for the foundation of anniversaries and chaplaincies, which led to +lively reclamations by the Córtes of Valladolid, in 1351.[1070] + +[Sidenote: _THE BURDEN OF THE CHURCH_] + +With wealth thus constantly accumulating, the church or monastery would +purchase lands from the laity, and as these became exempt from taxation +it could afford to pay more than a secular purchaser. Whatever thus +passed into ecclesiastical possession was never alienated; it remained +in the grip of the Dead Hand which, by constant accretions, came to +hold a large portion of the most desirable lands and thus of the wealth +of the kingdom. + +It would be tedious to recapitulate the complaints of the Córtes and the +devices attempted by legislation from the eleventh century onward to +check this growth, which was regarded as threatening the most serious +evils to the nation.[1071] Laws were adopted only to be evaded or +forgotten, and the process went on. A new element, however, was injected +into the struggle when, in 1438, the Córtes of Madrigal made a vigorous +representation to Juan II that, if no remedy were applied, all the best +lands in the kingdom would belong to the Church, resulting in manifold +injury to the people and the crown, to which the feeble king evasively +replied that he would apply to the pope.[1072] Hitherto Spanish +independence of the papacy had regarded all such questions as subject to +national regulation, but this utterance indicated that papal +confirmation was beginning to be recognized as necessary in everything +that affected the Church. This was not at once admitted, for Juan, in +1447, in response to the Córtes of Valladolid, and by a decree of 1452, +imposed a tax of twenty per cent, on all purchases, bequests and +donations,[1073] but it gradually established itself and furnished a +ready answer to the vigorous representations which, with growing +insistence, the Córtes of the sixteenth century made in 1515, 1518, +1523, 1528, 1532, 1534, 1537, 1538, 1542, 1544, 1551 and 1573.[1074] +This put all remedy out of the question, for no pope could be expected +to set limits to ecclesiastical wealth and influence, from which the +curia derived its revenues; and the petitions of the Córtes served only +to emphasize the magnitude of the evil and its universal recognition by +the people. + +It was not only the progressive absorption of wealth and land that was +detrimental but the corresponding increase in the numbers of the clergy, +regular and secular, who were released from all the duties of the +citizen, and whose vows of celibacy aided in accelerating the diminution +of the population. The process continued with added vigor, especially +after the commencement of the seventeenth century, owing partly to a +wave of religious fervor which led to the founding of chapels and +convents on a greater scale than ever, and partly to the growing +destitution forcing men to seek conventual refuge, where they might at +least escape starvation, and inducing parents to give their sons such +smattering of education as might enable them to take orders and have at +least a chance to secure a livelihood free from the crushing burdens of +taxation. The result of this is seen in Fray Bleda's boast, in 1618, +that one-fourth of the Christians of Spain were priests, frailes or +nuns, and, even though this is obviously an over-estimate, it indicates +how great was the task imposed on the producing classes to support in +idleness so large a portion of the population.[1075] The increase was +largely in the Mendicant Orders, whose systematic begging, that no one +dared refuse, was a grievous addition to the tithes and first fruits. + +A single instance will illustrate this inordinate growth. Cardinal +Mendoza, Archbishop of Toledo, the "third king" under Ferdinand and +Isabella, stubbornly refused to allow convents to be founded in his +province, saying that there were already many that were injurious to the +people obliged to sustain them, but this ceased with his death in 1495. +His biographer, Doctor Pedro de Salazar, penitentiary of the cathedral, +tells us that the city of Toledo held a privilege from Alfonso X +prohibiting the erection of convents there. At that time there were six, +but in 1625, when he wrote, these had been enlarged and numerous others +had been founded, so that they then occupied more than fifty royal and +noble houses and more than six hundred smaller ones. The disastrous +influence of this on the prosperity of the place is self-evident and +Salazar regards this portentous development of ecclesiasticism as the +chief cause of the decline in the population of Spain, which he +estimates at twenty-five per cent.[1076] + +[Sidenote: _THE BURDEN Of THE CHURCH_] + +The consulta of the Council of Castile, in 1619, naturally included in +its enumeration of the causes of national distress the foundation of so +many religious houses, which were filled with those attracted, not by +vocation but by a life of idleness, while their lands were exempt from +taxation.[1077] In a similar mood, the Córtes, assembled by Philip IV on +his accession, made a forcible and somewhat rhetorical representation, +asking for measures to restrain the multiplication of foundations and +the purchases of land, which not only diminished the alcavalas but, in a +few years, would exempt all real estate from the royal jurisdiction and +accumulate all taxation on the miserable poor, thus destroying the +population of the provinces, for it was evident that, if the clergy +continued to increase as it was doing, the villages would be without +inhabitants, the fields without laborers, the sea without mariners and +the arts without craftsmen; commerce would be extinct and, marriage +being despised, the world would not last for a century.[1078] + +At the earnest request of the kingdom, which represented that it could +not support these idle multitudes or furnish soldiers for war, Urban +VIII, in 1634, granted a bull reforming the religious Orders and +suppressing some of the Barefooted ones, but the opposing influences +were too strong and it was ineffective.[1079] In 1677 the matter was +again debated, including the excessive numbers of the secular clergy, +but action was postponed until there was a better prospect of results. +The recognized evils were too serious to remain thus pigeon-holed, and +an attempt was again made in 1691, the feebleness of which demonstrates +how completely the Church dominated the State and could not be reformed +without its own consent. The king deplored the multiplication of +convents, and the consequent relaxation of discipline, and the pope was +to be asked for authority to appoint visitors with full powers. The +excessive increase of the secular priesthood, he said, was the cause of +numerous disorders, to cure which the pope was to be applied to for +faculties enabling bishops and abbots to reduce their numbers, so that +all incumbents could live decently. The clergy in minor orders were so +numerous that their exemption from the royal jurisdiction and the public +burdens was a grievous injury to the laity and the bishops were asked to +limit their ordination. The absorption of lands by the Church was an +evil which had puzzled the wisest heads in all ages; many states had +adopted laws regulating this, but he hesitated to have recourse to such +measures until statistics could be gathered, and it could be decided how +to reduce the numbers of the secular clergy.[1080] In short, the Church +was an Old Man of the Sea, strangling the State, which lacked power to +rid itself of its oppressor. + +With the advent of the Bourbons there was less tendency to this +hopelessness and, in 1713, the plain-spoken Macanaz, in a report to the +king, presented a terrible picture of the misery and impoverishment +resulting from the overgrown numbers and wealth of the clergy.[1081] +Yet, short of revolution, effective remedy was impossible, and Philip V +contented himself with a decree expressing regret that, without papal +assent or a concordat, he could not afford general relief to his +vassals. While awaiting this, however, he severely characterized the +frauds of confessors in inducing the dying to impoverish their heirs. +Such testators were declared not to be of free will, their bequests were +invalid and scriveners drawing them were threatened with condign +punishment.[1082] + +Much of this evil would have been averted had the salutary reforms +prescribed by the Council of Trent been enforced,[1083] but they had +been a dead letter, at least in Spain. In 1723, however, Philip induced +the Spanish bishops to supplicate Innocent XIII on the subject, +resulting in a constitution in which he embodied at great length the +Tridentine decrees as to restricting ordinations and the number of +religious in convents.[1084] It was a tribute to the capacious learning +rather than to the consistency of Macanaz that the Regular Orders +employed him to draw up a memorial to the king, protesting against the +enforcement of the papal decree, in which he lavished praises on them, +and argued vigorously against any restriction on numbers beyond the +capacity of support.[1085] This, however, was but a lawyer's argument +for a client and did not prevent him, in memorials to Philip V, about +1740 and to Fernando VI, in 1746, from expressing his true opinions as +to the evils which were a main cause of Spanish distress--more than half +the land held in mortmain and exempt from public burdens, and the +immense number of those who, in place of being good laborers were bad +priests, wandering around as beggars to the scandal of religion, while +the overgrown religious Orders were useless consumers, living on the +rest of the nation.[1086] + +[Sidenote: _THE BURDEN OF THE CHURCH_] + +In negotiating the Concordat of 1737, Philip obtained with difficulty a +concession subjecting to taxation future acquisitions, but it was +impossible of enforcement and repeated decrees by him, in 1745, by +Fernando VII in 1756 and by Carlos III in 1760 and 1763, only attest the +powerlessness of the State when dealing with the Church. In 1795 Godoy +dallied with a project of secularizing Church property to meet the +expenses of the disastrous war with France, but was obliged to abandon +the project and only imposed a tax of fifteen per cent, on new +acquisitions.[1087] It was inevitable that the Córtes of Cádiz and the +constitutional Government of 1820-3 should partially carry out what +Spanish publicists for centuries had demanded, and should earn the +bitterest clerical hostility. + +As a matter of course the wealth of so numerous, powerful and worldly a +Church was enormous. As early as 1563 Paolo Tiepolo states that the +clergy possessed little less than one half the total revenues of Spain. +He rates the income of the Archbishop of Toledo at 150,000 ducats, and +in addition the church of Toledo had 300,000.[1088] Exemption from +public burdens gave ample opportunity of increase and, at the end of the +eighteenth century, the archbishop was estimated as enjoying an income +of half a million dollars.[1089] Navarrete, in 1624 regards as one of +the leading causes of the hatred entertained for the Church by the +laity, the contrast between its affluence and the general poverty,[1090] +nor is this unlikely for, during the worst periods of national disaster, +the Church seems always to have enjoyed superabundant resources. As its +income, other than the produce of its lands, was largely derived from +tithes, it necessarily varied, from year to year, but was always +enormous. In 1653, we find Plasencia spoken of as one of the four most +lucrative bishoprics in Spain, with an income of 40,000 ducats, but that +there were years in which it had been worth 80,000--and this at a time +when the State was virtually bankrupt, the currency in frightful +disorder, commerce and industry prostrate, and the whole land steeped in +poverty.[1091] Against this, it is true, must be set the habit of the +monarch in calling upon the bishops, as well as on the nobles, for +contributions, as we have seen in the case of Valdés; thus Cardinal +Quiroga, when Archbishop of Toledo, from 1577 to 1594, is said to have +given to Philip II an aggregate of a million and a half of ducats.[1092] +There were also certain papal grants to the crown on the revenues of the +clergy at large, known as the _subsidio_ and the _excusado_ which, in +1573, were reckoned at 575,000 crowns a year and in 1658 at something +over two million ducats.[1093] + +[Sidenote: _THE BURDEN OF THE CHURCH_] + +It betrays a consciousness of overgrown wealth that all knowledge of its +amount was carefully concealed. In 1741, Benedict XIV granted to Philip +V eight per cent. of the revenues of the clergy, regular and secular, +for that year. The collection of this in Granada was delegated, with +full coercive powers, to the Archdeacon Juan Bautista Simoni who, after +Easter 1742, issued an edict requiring all incumbents, within ten days, +to render sworn statements of their property and income. This aroused +intense excitement. Under one pretext or another all, from the +archbishop down, endeavored to escape the revelation of their wealth; +there were meetings held and open threats were made of a _cessatio a +divinis_ if the measure was insisted on. A compromise was offered of +payment of a double _servicio_, which was assumed to be equivalent to +eight per cent., but they refused absolutely to make a return of +property and income. Simoni seems to have been sincerely desirous of +executing his unpleasant duty with as little friction as possible but, +in reporting this repugnance to make sworn statements, he does not +hesitate to say that its object was to prevent the king from learning +that about three fourths of all the property in Spain was in the hands +of the clergy, secular and regular, and especially of the Carthusians, +Jesuits, Geronimites and Dominicans. It proved to be impossible to +compel the archbishop to make the return, and finally it was compromised +by taking the average of a valuation made during five years of a +vacancy, 1728-32, which resulted in estimating the revenues of the see +at about 39,000 ducats--evidently an undervaluation, although Granada +was reckoned as the poorest of the five Castilian archbishoprics.[1094] + +All this wealth and splendor was drawn, in its ultimate source, from the +labor of the husbandman and the administration of the sacraments, +casting a grievous burden on the industry of the land and counting for +much in the general impoverishment. When the little development of +Protestantism in 1558 excited so much dread, it was assumed as a matter +of course that the people would welcome a reform that would bring relief +from the burdens of the church establishment. Jovellanos asks what is +left of the ancient glory of Castile save the skeletons of its cities, +once populous and full of workshops and stores, and now filled with +churches, convents and hospitals, which survive the misery that they +have caused.[1095] So, in 1820, the learned Canon Francisco Martínez +Marina, in indicating the measures necessary to restore prosperity, says +that the first one is to reduce the wealth of the clergy for the benefit +of agriculture and the poor and oppressed peasant, and to abolish +forever the unjust and insupportable tribute of the tithe, a tribute +unknown to Spain before the twelfth century, a tribute which directly +prevents the progress of agriculture and one of those which have +inflicted the greatest misery on the husbandman.[1096] + +A clergy thus worldly, and so far removed from apostolic poverty, was +not apt to be devoted to its duties, or to set an example of morality to +its subjects. A project, drawn up by a Spanish bishop, of matters to be +urged on the Council of Lateran in 1512, affords a glimpse into the +deplorable condition of the Church which was so deeply concerned with +the salvation of the Marranos and Moriscos. Few among the laity observed +the prescribed fasts and feasts, and even the Easter communion was +neglected. The priests were negligent and, even in cathedrals, it was +sometimes difficult to have divine service performed. Among the clergy, +from bishops to the lower orders, concubinage was universal and +shameless, while simony ruled everywhere.[1097] The provisions of the +Council of Seville in 1512, and of Coria in 1537, indicate the vicious +and degraded character of the priesthood and the impossibility of +restraining their habitual concubinage.[1098] Alphonso de Castro argues +that if it were not for the protection of God it would be difficult to +preserve religion in view of the unworthiness of the priests and their +wickedness. It is known to all, he says, that the contempt felt for them +arises first from their excessive numbers, secondly from their ignorance +and lastly from their flagitious lives.[1099] Archbishop Carranza is +emphatic in reproving the negligence of the clerics, who were so +indifferent to their duty that they abandoned their churches and might +as well be non-existent, in addition to which were their evil and +scandalous lives and the abuse of their wealth.[1100] + +[Sidenote: _CLERICAL DEMORALIZATION_] + +This is confirmed by Inquisitor-general Valdés who states that when, in +1546, he assumed the archbishopric of Seville, he found the clergy and +the dignitaries of his cathedral thoroughly demoralized. They had no +shame in their children and grandchildren; their women lived with them +openly, as though married, and accompanied them to church, and many of +them kept public gaming tables in their houses, which were resorts of +disorderly characters. If we may believe him, he resolutely undertook a +reform and effected it at great labor and expense, owing to appeals and +suits in Rome and in Granada and in the Royal Council and before +apostolic judges. Then Francisco de Erasso, a favorite of Charles V, +obtained a canonry and joined those who desired to return to their +former dissolute life, against which, in 1556, he appeals to Philip II +for protection.[1101] The lower ranks of the clergy were no better, if +we may believe the synod of Orihuela, in 1600, which asserts that their +concubinage was the cause of the animosity of the people against +them,[1102] and we have seen, when treating of Solicitation, how +frequent was the advantage taken of the opportunities of the +confessional. + +There were few prelates as conscientious as Valdés represents himself. +Alfonso de Castro attributes the existence of heresy to their +negligence; they were so slothful that they paid no attention to their +duties; those who did otherwise were so rare that they were like jewels +among pebbles.[1103] The Venitian envoy, Giovanni Soranzo is less +cautious in his utterance, for he describes them as living luxuriously +and squandering their revenues on splendid establishments; few of them +were without children, in whom they took no shame and for whose +advancement they employed every means.[1104] At the other end of the +scale were the clerks in the lower orders, immersed in secular affairs, +who took the tonsure in order to enjoy the protection from justice +afforded by the Church. These were the despair of those responsible for +public order. Fernando de Aragon, Viceroy of Valencia, complains, August +21, 1544, of the impossibility of enforcing justice owing to the zeal +with which the church authorities protected the tonsure, whether right +or wrong. The officials of the archbishops, he says, have been debased +and ignorant men; whose sole aim has been to save criminals from the +punishment of their crimes. He is encouraged to hope for better things +from the appointment as archbishop of San Tomas de Vilanova, and the +latter follows, September 8th, with allusions to his own sufferings in +consequence of his efforts to remedy this condition, which is an offence +to justice and to God and a great damage to the people.[1105] + +[Sidenote: _FANATICAL INTOLERANCE_] + +A Church composed of such elements was not fitted to exercise for good +the enormous influence which it enjoyed over public affairs, not only in +shaping the policy of the kingdom but in directing the national +tendencies. The theory was still the medieval one--that the +ecclesiastical power is the sun and the royal power the moon, which +derives its light from the sun.[1106] To its influence, as represented +by Torquemada, was due the expulsion of the Jews; by Ximenes, the +enforced conversion of the Moors; by Espinosa, the rebellion of Granada; +by Juan de Ribera and his fellows, the expulsion of the Moriscos. In the +royal councils, which formed a bureaucracy, prelates held leading and +often dominant positions, and their subordinates were largely drawn from +clerical ranks. In 1602 a proposition to increase the schools of +artillery was referred to a junta presided over by the royal confessor, +which reported that the expense could not be afforded; the schools came +to be under the charge of Jesuits and frailes and speedily dwindled to +nothing.[1107] The position of royal confessor was one of the highest +political importance. Under Charles V he participated in all +deliberations and had a preponderating influence.[1108] Under Philip II, +his confessor Fray Diego de Chaves, played a leading part in the tragedy +of Antonio Pérez. Fray Caspar de Toledo, confessor of Philip III boasted +that, whenever he told the king that a thing must be done under pain of +mortal sin or that it was sinful, he was obeyed without +discussion.[1109] The Regent María Ana of Austria was completely under +the domination of her confessor Nithard, and the letters to him of +Clement XI, on European politics, indicate that be was the real +ruler.[1110] The substitution of Froilan Díaz for Fray Pedro Matilla, +as confessor of Carlos II, was the only step necessary to effect a +revolution in the government and, when Díaz fled to Rome, he was +reclaimed as a fugitive chief minister of state. We have seen under +Philip V the power wielded by his confessors Daubenton and Robinet, and +the part played by Rábago under Fernando VI. What thus ruled the court +was perpetually at work in every parish and every family, where the +pulpit and the confessional exercised an incalculable influence. What +the Spaniard became was what the Church wished him to be. Clericalism +thus, for good or for evil, was a leading factor in controlling the +destinies of Spain, in exhausting its resources, in moulding the +character of its people, and the Inquisition was its crowning work. + +Under such influences, the toleration which had been so marked a feature +of the medieval period gradually gave place to a fanaticism finding its +expression in the Inquisition and inflamed into greater fierceness by +the existence and reaction of that institution. There can be no question +as to the sincere devoutness of Charles V, according to the unanimous +testimony of the Venetian envoys, who describe his punctual discharge of +all religious observances and who state that the surest avenue to his +favor was the manifestation of earnest zeal for religion.[1111] Shortly +before his death, he expressed deep regret that he had not executed +Luther at Worms, in spite of his pledged safe-conduct, for he ought to +have forfeited his word in order to avenge the offence to God. In his +will, executed in 1554 at Brussels, he charged Philip II in the most +earnest manner to favor in all ways the Inquisition, because of the many +and great offences to God which it prevents or punishes and, in the +codicil of September 9, 1558, dictated on his death-bed, his first +thought is to repeat the injunction and to urge his son, by the +obedience due to a father, to prosecute heresy, rigorously, unsparingly +and relentlessly.[1112] Philip II needed no such exhortations. From his +earliest youth he had breathed an atmosphere surcharged by the conflict +with heresy; he had been taught that a sovereign's highest duty to God +and man was to enforce unity of faith, not only as a paramount religious +obligation, but because it was an axiom of the statesmanship of the time +that, in no other way, could the peace of a kingdom be preserved. There +is no reason to doubt his perfect sincerity when, in 1568, the Archduke +Charles came to Spain, as the representative of the German princes, to +urge an accommodation with the Netherlands, and Philip, besides his +formal reply, gave the archduke secret instructions to tell the emperor +that no human influence, or considerations of state, or all that the +whole world could say or do, would make him vary a hair's breadth from +the course which he had adopted and intended to pursue in this matter of +religion, throughout all his dominions; that he would listen to no +advice with regard to it, and would take ill any that might be offered. +At the same time he wrote to Chantonnay, his ambassador at Vienna, that +what he was doing in the Netherlands was for their advantage and the +preservation of the Catholic faith, and that he would make no change in +his policy, if it involved risking all his possessions and if the whole +world should fall upon his head. So, in 1574, the instructions to the +commissioners sent to Breda to confer with the deputies of William the +Silent, were to declare emphatically that he would suffer no one to live +under his throne who was not completely a Catholic.[1113] Philip was +merely translating into practice the teachings of the Church and won its +unstinted admiration. Cardinal Pallavicini contrasts the vacillating +persecution in France with his sanguinary rigor, which was not only +grateful to heaven but propitious to his kingdom, thus saved by salutary +blood-letting.[1114] + +[Sidenote: _FANATICAL INTOLERANCE_] + +It was natural that Philip, in his will, executed March 7, 1594, should +reiterate to his son and successor the injunctions which he had received +from his father. The Inquisition was to be the object of special favor, +even greater than in the past, for the times were perilous and full of +so many errors in the faith.[1115] Philip III had not energy enough to +be an active persecutor and if, under the guidance of Lerma, he expelled +the Moriscos, under the same tutelage he made peace with England in 1605 +and a truce with Holland in 1609, to the disgust of the pious who could +not understand any dealings with heretics. Yet he was a most religious +prince, who spent hours every day in his devotions and in examining his +conscience, and who set a shining example by the frequency with which he +sought confession and communion.[1116] + +It was a matter of course that he should, in his will, leave to his +successor the customary instructions to foster the Inquisition. As to +Philip IV, we have seen abundant instances of his subservience to it, +during his half-century of reign, and of his readiness to subordinate to +it all other interests. He showed his consistency in this when, at the +dictation of the Suprema, he incurred a war with England through his +refusal to sign a treaty forbidding the persecution of Englishmen in +Spain on account of their religion[1117] and, in his will, executed in +1665, he laid the customary injunctions on his successor to aid and +favor the Inquisition, adding an exhortation to honor and defend the +clergy in all their exemptions and immunities, and earnestly to labor +for the reformation of the religious Orders.[1118] + +Carlos II was a nonentity who need not be considered and, with the +Bourbons, we enter on the dawn of a new era, in which fanaticism no +longer dominates the policy of the State. It is true that Philip V, when +abdicating, in 1724, enjoined on his son Luis the preservation of the +faith through the instrumentality of the Inquisition as fervently as any +of his predecessors and that, during the first third of the century, +there was a fierce recrudescence of inquisitorial activity, but we have +seen how the spirit of the age gradually made itself felt and, although +the duty of exterminating heresy was still admitted in theory, in +practice its enforcement was greatly mitigated. + +It is difficult for us, in the indifferentism of the twentieth century, +to realize or to understand the violence of the passions excited by +questions of faith, dissociated from all temporal interests, and their +influence on a people so emotional as the Spaniards and so apt, as they +tell us themselves, to be swayed by imagination rather than by reason. +We have seen (Vol. III, p. 284) the whole kingdom of Portugal thrown +into excitement by the theft of a pyx with a consecrated host and that +only the opportune discovery of the culprit saved all the New Christians +from expulsion. It might seem to us a very trivial affair that, on the +eve of Good Friday, 1640, there was posted, in the chapter-house of +Granada, a placard ridiculing the Christian religion, praising the +Mosaic Law, and blaspheming the purity of the Virgin, but it produced +the greatest excitement throughout Spain. Special services were held in +all the churches to appease the insulted deity and to discover the +malefactor. He was detected, in the person of a hermit of the Santa +Imagen del Triunfo, who was arrested, and Inquisitor Rodezno deemed it +advisable to break the inviolable secrecy of the Inquisition in order to +calm the public agitation, by letting the people know that the culprit +had been discovered and convicted. Learned doctors improved the occasion +by printing dissertations in which it was proved that he must be burnt +alive, if no death more atrocious could be invented to suit the +crime.[1119] The fanatical hatred of heresy _per se_, thus sedulously +inculcated and engrained in the moral fibre of every Spaniard is seen in +the statutes of Limpieza, which closed the avenues to distinction to the +descendants of Conversos and of those who had been penanced by the +Inquisition, so that even arrest and imprisonment for a trivial offence +inflicted, according to popular prejudice, an indelible stigma on a +family. We have seen to what insane extent this was carried and what +evil it wrought in the social organization, but more prolific in evil +was the habit of thought by which it was engendered and which it +intensified. + +[Sidenote: _SUPERFICIAL DEVOUTNESS_] + +Yet practically the religion which was so sensitive as to purity of +faith was of a very superficial character. External observances were +strictly enforced, and the Inquisition was ever on the watch to punish +any irreverence in act or word, yet Alfonso de Castro tells us that, in +the mountainous provinces, such as Asturias, Galicia and elsewhere, the +word of God was so rarely preached to the people that they observed many +pagan rites and many superstitions.[1120] To labor on Sunday or +feast-day was a serious offence, involving suspicion of heresy, yet +Carranza says that more offences against God were committed on Sundays +than in all the week-days combined; those who went to mass mostly spent +the time in business or in talking or sleeping; those who did not go, +gratified their vanity or their appetites; the ancient Jews used to say +that, on their feast-days, the demons left the cities for refuge in the +mountain caves, but now it would seem that on week-days the demons +avoided the people who were busy with their labors and, on feast-days, +came trooping joyfully from the deserts, for then they find the doors +open to all kinds of vices.[1121] + +Paolo Tiepolo, in 1563, observes that, in all external signs of +religion, the Spaniards are exceedingly devout, but he doubts whether +the interior corresponds; the clergy live as they choose, without any +one reprehending them, and he is scandalized by the buffooneries and +burlesques performed in the churches on feast-days.[1122] The churches, +in fact, seem to have been places for everything save devotion. +Azpilcueta describes the profane observances during divine service, the +inattention of the priests, the processions of masks and demons, the +banquets and feastings, and other disgraceful profanations, so that +there are few of the faithful who do not sin in church, and few who do +not utter idle, vain, foul, evil or profane words; in hot weather, the +coolness of the churches made them favorite lounging-places for both +sexes, including monks and nuns, and much that was indecent occurred; +they were moreover places for the transaction of business, and more +bargaining took place there than in the markets.[1123] This was not a +mere passing custom. A century later Francisco Santos pictures for us a +church crowded with so-called worshippers, where the services could +scarce be heard for the noise; beggars crying for alms and wrangling +among themselves; two men quarrelling fiercely and on the point of +drawing their swords; a group of young gallants chattering and +maltreating a poor man who had chanced to touch them in passing; people +leaving one mass that had commenced to follow a priest, who had the +reputation of greater despatch in his sacred functions; in a chapel a +bevy of fair ladies drinking chocolate, discussing fashions and waited +on by their admirers--all is worldly and the religious observance is the +merest pretext.[1124] This irreverence was shared by the priests. A +brief of Urban VIII, January 30, 1642, recites complaints from the dean +and chapter of Seville concerning the use of tobacco in the churches, +both in smoking and snuffing, even by priests while celebrating mass, +and of their profanation of the sacred cloths by using them and staining +them with tobacco, wherefore he decrees excommunication _latæ sententiæ_ +for the use of the weed within the sacred precincts.[1125] It is evident +that the Inquisition, while enforcing conformity as to dogma and outward +observance, failed to inspire genuine respect for religion. + + * * * * * + +[Sidenote: _RESULTS OF INTOLERANCE_] + +It will thus be seen how little really was gained for religion by the +spirit of fierce intolerance largely responsible for the material causes +of decadence which we have passed rapidly in review. The irrational +resolve to enforce unity of faith at every cost spurred Ferdinand and +Isabella to burn and pauperize those among their subjects who were most +economically valuable, to expel those who could not be reduced to +conformity and to institute a system of confiscation of which we have +seen the destructive influence on industry and on the credit on which +commerce and industry depend, while the application of this to the +condemnation of the dead not only brought misery on innocent descendants +but unsettled titles and involved all transactions in insecurity. This +sanctified the ambition of Charles V with the halo of religion. This was +the motive which underlay the suicidal policy of Philip II, leading to +the endless wars with the Netherlands, to the rebellion of Granada and +to the wasteful support of the Ligue. This was at the bottom of the +Morisco disaffection, culminating in the expulsion of 1610, just after +Philip III had practically accepted the loss of Holland by the truce of +1609. The land was robbed of its most industrious classes, it was +drained of its bravest soldiers, its trade and productiveness were +fatally crippled, and it was reduced to the lowest term of financial +exhaustion, all for the greater glory of God, and in the belief that it +was avenging offences to God. To meet the exigencies arising from this, +and from the thoughtless extravagance of the monarchs, the labor, on +which rested the resources of the State, was crushed to earth and +subjected to burdens that defeated their own ends, for they drove the +producer in despair from the soil. Productive industry and commerce, +enfeebled by the expulsions, were so handicapped that they dwindled +almost to extinction and passed virtually into the hands of foreigners, +who dealt under the mask of _testas ferrias_--of Spaniards who lent +their names to the real principals, for the most part the very heretics +whom Spain had exhausted herself to destroy. Trade and credit were +hampered, not only through the vitiation of the currency but through the +ever-impending risk of sequestration and confiscation, and the +impediments of the censorship as developed in the _visitas de navios_. +The blindness and inefficiency of the Government intensified in every +way the evils created by its mistaken policy but, at the root of all, +lay the prolonged and relentless determination to enforce conformity, at +a time when the industrial and commericial era was opening, which was to +bring wealth and power to the nations wise enough and liberal enough to +avail themselves of its opportunities--opportunities which Spain was +invited virtually to monopolize through its control of the trade of the +Indies and the production of the precious metals. There is melancholy +truth in the boast of Doctor Pedro Peralta Barnuevo, in his relation of +the Lima auto of 1733, that the determination to enforce unity of faith +at all costs had rendered Spain rather a church than a monarchy, and her +kings protectors of the faith rather than sovereigns. She was a temple, +in which the altars were cities and the oblations were men, and she +despised the prosperity of the State in comparison with devotion to +religion.[1126] + +Isabella and her Hapsburg descendants were but obeying the dictates of +conscience and executing the laws of the Church, when they sought to +suppress heresy and apostasy by force, and they might well deem it both +duty and good policy at a time when it was universally taught that unity +of faith was the surest guarantee of the happiness and prosperity of +nations. Spain, with accustomed thoroughness, carried out this theory +for three centuries to a _reductio ad absurdum_, through the +Inquisition, organized, armed and equipped to the last point of possible +perfection for its work. The elaborate arguments of its latest defender +only show that it cannot be defended without also defending the whole +policy of the House of Hapsburg, which wrought such misery and +degradation.[1127] It was the essential part of a system and, as such, +it contributed its full share to the ruin of Spain. + +[Sidenote: _INFLUENCE ON THE PEOPLE_] + +That occasionally even an inquisitor could have a glimmer of the truth +appears from a very remarkable memorial addressed to Philip IV by a +member of the Suprema, with regard to the Portuguese Jews. He states +that they consider the rigor of the Inquisition as a blessing, since it +drives them from Spain to other lands, where they can enjoy their +religion and acquire prosperity. He wishes to prevent this exodus, which +is depriving Spain of population and wealth and exposing it to peril, +and to win back those who have expatriated themselves, to which end he +proposes greatly to soften inquisitorial severity in regard to +confiscation, imprisonment and the wearing of the sanbenito, except in +the case of hardened impenitents. He would welcome them back and, even +if their Catholicism were merely external, he argues that their children +would become good Catholics, even as has proved to be the case with the +descendants of the Castilian Jews. Indeed, he goes so far as to urge +that foreigners in general should be encouraged to bring their capital +to Spain, to settle and be naturalized, to marry Spanish wives and thus +minister to the wealth and prosperity of the land.[1128] The worldly +wisdom of this was too oppugnant to the prejudices of the time, which +clamored, as we have seen, for extermination and isolation, and its +sagacious counsels were unheeded. The Judaizers were driven forth, to +aid in building up Holland with their wealth and intelligence, and +Spain, in ever deepening poverty, continued to cherish the ideals which +she had embodied in the Inquisition. + +There was one service the performance of which it was never tired of +claiming for itself and is still claimed for it by its advocates--that +in the sixteenth and seventeenth centuries it preserved Spain from the +religious wars which desolated France and Germany. This service may well +be called in question, for the temperament and training of the Spanish +nation render ludicrous the assumption that a couple of hundred +heretics, among whom but half a dozen had the spirit of martyrdom for +their faith, could cause such spread of dissidence as to endanger peace; +yet even should we admit this service, its method, in causing +intellectual torpor and segregating the nation from all influences from +abroad, only postponed the inevitable, while intensifying the +disturbance when the change should come from medievalism to modernism. +The nineteenth century bore, in an aggravated form, the brunt which +should have fallen on the sixteenth. When the spirit of the Revolution +broke in, it found a population sedulously trained to passive obedience +to the State and submissiveness to the Church. It had been so long +taught, by theocratic absolutism, that it must not think or reason for +itself, that it had lost the power of reasoning on the great problems of +life. It was without reverence for law, for it was accustomed to see the +arbitrary will of an absolute sovereign override the law, and it was +without experience to choose between the sober realities of responsible +government and the glittering promises of ardent idealists. Yet the +Revolution passed away leaving matters as they were before. The habit of +unquestioning submission, inherited through generations, has become so +fixed a part of the national character that, as we are told, the people +fail to recognize that they are as completely under bondage to Caciquism +as erstwhile they were to monarchy--that in fact the nation is still in +its infancy and is unfit to govern itself.[1129] + +As in temporal, so it has been in the spiritual field. In the turmoil of +the Revolution the Inquisition died a natural death, but the Church +filled the vacancy. It had grown so accustomed to the acceptance, on +all hands, of its divine mission, it had so long enjoyed unassailable +wealth and power, that it could not adapt itself to the necessities of +the new situation and, when it could not rely upon the brute force of +the State, it called into play the popular passions which it had +fostered. As an irreconcileable, it provoked the attacks made on its +overgrown wealth and numbers; it was uncompromising and would listen to +no adjustment, for it claimed the full benefit of the canon law under +which it was exempted from all interference by the State; its attitude +was of immovable hostility to the new order of things, and it suffered +the rough handling that inevitably resulted, courting martyrdom rather +than tamely to permit profane hands to be laid upon the ark. It has thus +continued to be an unassimilable element in the political situation, its +policy directed from Rome and the vast influence of its perfect +organization employed to retard rather than to stimulate progress in +good government and material prosperity.[1130] What may be the outcome +of the pending struggle between Church and State, aroused by the +recognition of civil marriage, it is too early to predict. + + * * * * * + +[Sidenote: _INDIFFERENCE TO MORALS_] + +Thus the conclusion that may be drawn from our review of the causes +underlying the misfortunes of Spain is that what may fairly be +attributable to the Inquisition is its service as the official +instrument of the intolerance that led to such grave results, and its +influence on the Spanish character in intensifying that intolerance into +a national characteristic, while benumbing the Spanish intellect until +it may be said for a time to have almost ceased to think. The objects +for which it was so shrewdly and so carefully organized were effectually +attained and, in the eyes of experienced statesmen, at the time of its +fullest development, it was the bulwork of the faith. In 1573, Leonardo +Donato reflects the prevailing view in governmental circles when he +speaks of its authority and severity as absolutely necessary, for the +number of the New Christians was everywhere so great, recently baptized +with God knows what disposition, and with ancestral memories still +vivid, that, if it were not for the incessant watch kept over them by +the Inquisition, there would be great danger that Spain would lose her +religion. In 1581, Gioan Francesco Morosini declares that, although the +Spaniards were in appearance the most devout and Catholic of nations, +yet, what between the Jews, Moriscos and heretics, Spain would be more +infected than Germany or England if it were not for the fear inspired by +the severity of the Inquisition; and the same views are expressed by +Giambattista Confalonieri in 1591, and by the Lucchese envoy Damiano +Bernardini, in 1602.[1131] Yet the faith, thus sedulously preserved at +such fearful cost, was largely, as we have seen, one of exterior +observance, without corresponding internal piety, ready to burst into +flame for the maintenance of a dogma like the Immaculate Conception, and +to earn heaven by paying for masses and anniversaries and chaplaincies, +but not to labor for it by purity of life and self-abnegation, or by +obeying the divine command to earn its bread by the sweat of its brow. +The natural result of this, when brought face to face with modern +conditions, is that Cánovas del Castillo, in a debate in the Córtes of +1869, declared with sorrow that Spain, of all nations, was the one most +indifferent to religion, and a recent author asserts that there would be +no hazard in affirming the Spaniards to be the most irreligious, +indifferent, and practically atheist people in Europe.[1132] + +In fact, the dissociation of religion from morals--the incongruous +connection of ardent zeal for dogma with laxity of life--was stimulated +by the Inquisition. As we have seen, it paid no attention to morals and +thus taught the lesson that they were unimportant in comparison with +accuracy of belief. No matter how dissolute was the conduct of the +confessor with his spiritual daughters, he was safe so long as he did +not commit a technical transgression inferring suspicion of misbelief as +to the sacrament, and even when he neglected these precautions we have +seen how benignant was the treatment extended to him. It is true that, +towards the end of the sixteenth century, the Inquisition showed +remarkable ardor in prosecuting those who gave utterance to the common +opinion that there was no sin in simple fornication between the +unmarried, and that in large measure it suppressed the utterance, but, +as it punished only the utterance and not the sin, this did nothing to +advance morality. The same may be said of its ignorant destruction of +works of art which it regarded as indecent and the occasional +prohibition of a book or play that evoked its disapprobation. In the +absence of more serious work a few cases may be found of its undertaking +to vindicate morals, but they are too rare for us to attribute to them +any motive save a desire to intermeddle. The advancement of morality in +fact was no part of its functions as a bulwark of the faith; rather, +indeed, it aided in disseminating corruption by its custom of reading at +the autos de fe sentences _con méritos_ of which the details were an +effective popular education in vice.[1133] The result is seen in the +seventeenth century, when the only heretics were the scattered and +persecuted Portuguese, and yet there has probably never existed a +society more abandoned to corruption--so abandoned, indeed, that even +the sense of shame was lost. Padre Corella was no rigorist but, towards +the close of the century, he draws a hideous picture of social +conditions; everywhere, he says, is vice and crime, lust and cruelty, +fraud and rapine, in the seats of trade, in the halls of justice, in the +family, in the court, in the churches, while the clergy, if possible, +are worse than the laity. Philip IV, who so religiously supported the +Inquisition, was not only notorious for his licentiousness, but amused +himself with scandalously sacrilegious comedies and farces in his palace +theatre, where the scenes and persons of Scripture were made subjects of +ridicule, and this style passed into popular literature and rhymes which +escaped the censure.[1134] + +[Sidenote: _CONTEMPT FOR LAW_] + +Spanish theology, which was supreme in the sixteenth and early +seventeenth centuries, made only one real contribution--the invention of +Probabilism by Bartolomé de Medina in his commentaries on Aquinas in +1577. On this was founded the new science of Moral Theology, devoted to +evading the penalties of sin, and to applying to the decrees of God the +favorite Spanish device for eluding those of the king, by obeying and +not executing. Escobar, held up to an infamous immortality by Pascal, +merely compiled what he found in theologians of the highest authority +and, when the laxity of the Jesuit Moya's _Opusculum_ called forth a +papal prohibition in 1666, repeated in 1680, the Spanish Inquisition +asserted its independence by refusing to put the work on the +Index.[1135] The practical influence of all this is described in a +memorial of nine Spanish bishops, in 1717, to Clement XI, against the +_Consultas Morales_ of the Capuchin Martin de Torricella, in which they +state that Probabilism had undermined all morality and all obedience to +divine, municipal and canon law, and that multitudes lived disorderly +lives under appeal to probabilistic casuistry, for so-called probable +opinions could be had to justify whatever men desired to do.[1136] + +If the power of the Inquisition thus was withheld when it might have +been exerted with benefit to society, it was actively employed, under +the later Hapsburgs, to loosen the bonds of social order and stimulate +contempt for law. To it was largely attributable the virtual anarchy of +Spain, during the seventeenth century, arising from the numerous +competing jurisdictions and the contempt felt for the royal officials. +This found its origin in the insolent audacity with which the +Inquisition enforced its claims to jurisdiction. When the royal +officials were excommunicated, arrested and imprisoned without scruple, +and the highest courts were treated with contempt and contumely, respect +for law and its ministers was fatally weakened. That the other +privileged jurisdictions--the Cruzada, the spiritual, and the +military--should follow the example was inevitable, and the social +condition of Spain became deplorable.[1137] In 1677, the Council of +Castile represented to Carlos II the evils thus inflicted on the people +by the two chief offenders, the Inquisition and the Cruzada, the most +oppressive form of which was the abuse of excommunication for matters +purely secular. The Council had endeavored to remedy this, but its +authority had been suspended and it was powerless to protect the vassals +of the crown. Carlos feebly replied that, although he could deprive +them of the royal jurisdiction which they abused, yet he deemed it +better not to do so, and he contented himself with prohibiting the use +of censures in temporal matters--a prohibition which of course was +disregarded.[1138] In the very next year Carlos was made to feel his +powerlessness in the face of the arrogant superiority asserted by the +Inquisition. + +When, in 1678, the raid on the whole trading community of Majorca gave +promise of immense confiscations, Carlos prudently ordered, May 30th, +the viceroy to look after the safety of the sequestrations. The viceroy +thereupon asked for inventories or statements and, on their refusal, +made threats of taking further measures. The tribunal reported to the +Suprema which instructed the inquisitors to defend their jurisdiction by +censures and, if necessary, by a _cessatio a divinis_, when, if this did +not suffice, they were to entrust their prisoners to the bishop and sail +for Spain, reporting to the pope. After despatching this defiant and +revolutionary missive, the Suprema, on August 8th, condescended to +inform the king of it in the form of a stinging rebuke. The request of +the viceroy, it said, was an unexampled assault on religion and the Holy +See, and also a profanation of the most venerable sacredness of the +Inquisition; sequestrated property was ecclesiastical property until +confiscated, and to allow a layman to control it would be subversive of +all law, as well as a violation of the secrecy of the Inquisition. +Carlos humbly apologized; he had not meant to show distrust and would +punish the viceroy if he had exceeded his instructions, but he +complained that, without notice to him, the inquisitors should have been +ordered to leave Majorca, and thus cause irreparable evils. The Suprema, +in reply, followed up its advantage. The abandonment of Majorca by the +inquisitors would be a less evil than violating the secrecy of the +Inquisition; the viceroy should have positive orders to keep his hands +off, and the king ought to have consulted it before issuing such +instructions; this would have prevented all trouble, for the operations +of the Inquisition were so special and peculiar that even his superior +intelligence could not understand them without explanations.[1139] This +insolence accomplished its purpose; Carlos was effectually snubbed, and +we have seen how small was the share of the spoils eventually doled out +to him. + +[Sidenote: _DOMINATION_] + +The Inquisition, in fact, was virtually an independent power in the +state, which asserted itself after the vigorous personality of Ferdinand +had been forgotten. Its aspiration to dominate the land was revealed in +the projected Order of _Santa María de la Espada blanca_ which Philip II +was shrewd enough to crush while yet there was time, but the measure of +independence which it had already attained was seen when the Córtes of +the kingdoms of Aragon sought to get the signature of the +inquisitor-general, as well as of the king, to the concessions which +they secured, and when the Inquisition ignored the royal agreements, +even to the point of deliberately contravening them in the matter of +confiscations. It was manifested, in the affair of Antonio Pérez, when +Philip II was obliged to call it to his assistance, and it followed its +own interests in disregard of the royal policy. So, in the long struggle +with Bilbao over the _visitas de navios_, it virtually set at defiance +both the crown and all the authorities of Biscay. If it helped the +monarchy in the struggle with Rome over the regalías, when it had thus +secured its independence of the papal Inquisition it had no scruple in +turning its powers of censorship against the royal prerogative. But for +the advent of the Bourbon dynasty, it might reasonably have looked +forward to becoming eventually dominant, for it combined legislative and +executive functions, temporal and spiritual jurisdiction, and asserted, +like the Church, the right to define the limits of its own powers. Its +whole career, indeed, shows how baseless is the modern theory that it +was an instrument of the State in establishing the autocracy of the +monarch. If the fallacy of this requires further proof it is +sufficiently demonstrated, even under the first of the Bourbons, by the +fate of Macanaz, whom it dismissed from power and condemned to a life of +poverty and exile because, in the service of the king, he endeavored to +render it what Ranke and Gams fancy it to have been. It is true that, in +its period of decadence, it joined forces with the crown to withstand +the inroad of free thought, which was equally threatening to both, and +that it employed its expiring power to suppress political as well as +spiritual heresy, but in this it was fighting its own battle as much as +that of the monarchy on which it depended for existence. + + * * * * * + +Defenders of the Inquisition, in the controversy over its suppression +and since then, have relied largely on the assertion that, during its +existence, no voice was raised against it, that all organs of public +opinion and all writers praised it, as the protector of religion, and as +extremely careful to administer exact justice. So far from this being +the case, we have seen its own admissions (Vol. I, p. 538) of the hearty +hatred felt for it and its officials, and we have heard the complaints +of the Córtes of Valladolid in 1518 and 1523, of Coruña in 1520 and of +Madrid in 1575, besides the ceaseless struggles of Aragon and Catalonia, +whose Córtes had not been reduced to servility. What was its reputation +throughout Europe may be gauged by the fact that, in 1535, when João III +was endeavoring to have an Inquisition of his own in Portugal, and there +was talk of referring the subject to the general council then expected +shortly to assemble, his ambassador at Rome, Martinho, Archbishop of +Funchal, warned him that, if the matter was broached in the council, it +would result in abolishing the Inquisition of Spain.[1140] In Spain, its +reputation is to be gathered from the unbiased reports of the Venetian +envoys, who lauded its services in the suppression of heresy, and to +whom, as practical statesmen, it was an object of wonder and admiration, +as a machine perfectly devised to keep the people in abject subjection. +In these reports it is observable that, while all are emphatic as to its +rigor, not one hazards approval of its justice. The envoys were +profoundly impressed by the universal awe which it inspired. As early as +1525, Gasparo Contarini tells us that every one trembled before it, for +its severity and the dread entertained for it were greater even than for +the Council of Ten. In 1557, Federico Badoero speaks of the terror +caused by its pitiless procedure. In 1563, Paolo Tiepolo, after dwelling +on the secrecy and unsparing rigor of its judgements, says that every +one shudders at its very name, as it has supreme authority over the +property, life, honor and even the souls of men. Two years later +Giovanni Soranzo speaks of the great fear inspired by it, for its +authority transcends incomparably that of the king. In 1567, Antonio +Tiepolo echoes these assertions, and all agree in their comments on the +influence of the mysterious secrecy of its operation and the relentless +severity of its action.[1141] + +[Sidenote: _HABITUAL SELF-RESTRAINT_] + +It scarce needs this testimony to explain why no unfavorable opinion of +the Inquisition is to be expected of Spaniards during its existence, +except by those who spoke as mandatories of the people in the Córtes or +high officials in contests over competencias. Terror rendered silence +imperative, and secrecy made ignorance universal. The discharged +prisoner was sworn to reveal nothing of what he had endured and any +complaint of injustice subjected him to prosecution. Criticism was held +to be impeding its action and was a crime subject to condign punishment. +Writers had ever to keep in view its censorship, with the certainty that +any ill-judged word would ensure the suppression of a book, and any +attempt at self-justification would lead to worse consequences, as +Belando found when a petition to be heard cost him life-long +imprisonment and prohibition to use the pen. When, in the yearly Edict +of Faith, every one was required, under pain of excommunication, to +denounce any impeding, direct or indirect, of the tribunal, or any +criticism of the justice of its operation, restraint became universal +and habitual and, in the instinct of self-preservation, men would +naturally seek to teach themselves and their children not even to think +ill of the Inquisition lest, in some unguarded moment, a chance +utterance might lead to prosecution and infamy. The popular _refran, Con +el Rey y la Inquisicion, chiton_!--Silence as to the king and the +Inquisition--reveals to us better than a world of argument, the result +of this repression through generations, and its efficiency is seen in +the fact that in Toledo, from 1648 to 1794, there was but a single trial +for speaking ill of the Holy Office. Such training bore its fruits when +autocracy broke down under the Revolution and the experiment of +self-government was essayed. + +The Spaniard was taught not alone to repress his opinions as to the +Inquisition but to keep a guard on his tongue under all circumstances, +not only in public but in the sacred confidence of his own family, for +the duty of denunciation applied to husband and father, to wife and +children. Even as early as 1534, the orthodox Juan Luis Vives complained +to Erasmus that in those difficult times it was dangerous either to +speak or to keep silent.[1142] The cautious Mariana tells us that the +most grievous oppression caused by the introduction of the Inquisition +was the deprivation of freedom of speech, which some persons regarded as +a servitude worse than death.[1143] We have seen how seriously were +treated even the most trivial and careless expressions, which could be +tortured into disregard of some theological tenet or disrespect for some +church observance, and it behooved every one to be on his guard at all +times and in all places. The yearly Edict of Faith kept the terror of +the Inquisition constantly before every man and was perhaps the most +efficient device ever invented to subject a population to the fear of an +ever-impending danger. No other nation ever lived through centuries +under a moral oppression so complete, so minute and so all-pervading. + +That the Inquisition inspired a dread greater than that felt for the +royal authority is illustrated by a curious instance, in which it was +utilized for good in subduing a lawless community. In 1588, Lupus Martin +de Govilla, Inquisitor of Barcelona, in a visitation came to Montblanch, +where no inquisitor had been for many years. He found it a populous +town, torn by factions so bitter that men were slain in the streets, +battles were fought in the plaza, and women at their windows were shot +with arquebuses. After publishing the Edict of Faith he discovered that +witnesses were afraid to come to him through the streets and, regarding +this as a contempt of the Inquisition, he issued a proclamation +forbidding the carrying of arquebuses and cross-bows, and his order was +obeyed. He made an example of one offender by requiring him to hear mass +as a penitent, banishing him and confiscating his arquebus, which +quieted the people, so that the Inquisition could be carried on. Then a +murder occurred, and the regidors procured from the viceroy full powers +for him to pacify the town; by general agreement all placed themselves +under the jurisdiction of the Inquisition, as there was no safety under +the royal, and they gave thanks to God that peace was restored, and that +men could move around without arms. Govilla went to Poblet, when news +was brought him of another murder; he returned and imprisoned and +penanced those guilty, who complained to the viceroy, but the Audiencia, +after examination dismissed the complaint, and this strange jurisdiction +of the Inquisition seems to have continued for some ten years.[1144] + + * * * * * + +[Sidenote: _STATISTICS OF VICTIMS_] + +Before dismissing the impression produced by the severity of the +Inquisition it will not be amiss to attempt some conjecture as to the +totality of its operations, especially as regards the burnings, which +naturally affected more profoundly the imagination. There is no question +that the number of these has been greatly exaggerated in popular belief, +an exaggeration to which Llorente has largely contributed by his absurd +method of computation, on an arbitrary assumption of a certain annual +average for each tribunal in successive periods. It is impossible now to +reconstruct the statistics of the Inquisition, especially during its +early activity, but some general conclusions can be formed from the +details accessible as to a few tribunals. + +The burnings without doubt were numerous during the first few years, +through the unregulated ardor of inquisitors, little versed in the canon +law, who seem to have condemned right and left, on flimsy evidence, and +without allowing their victims the benefit of applying for +reconciliation, for, while there might be numerous negativos, there +certainly were few pertinacious impenitents. The discretion allowed to +them to judge as to the genuineness of conversion gave a dangerous +power, which was doubtless abused by zealots, and the principle that +imperfect confession was conclusive of impenitence added many to the +list of victims, while the wholesale reconciliations under the Edicts of +Grace afforded an abundant harvest to be garnered under the rule +condemning relapse. In the early years, moreover, the absent and the +dead contributed with their effigies largely to the terrible solemnities +of the quemadero. + +Modern writers vary irreconcileably in their estimates, influenced more +largely by subjective considerations than by the imperfect statistics at +their command. Rodrigo coolly asserts as a positive fact that those who +perished in Spain at the stake for heresy did not amount to 400 and that +these were voluntary victims, who refused to retract their errors.[1145] +Father Gams reckons 2000 for the period up to the death of Isabella, in +1504, and as many more from that date up to 1758.[1146] On the other +hand, Llorente calculates that, up to the end of Torquemada's activity, +there had been condemned 105,294 persons, of whom 8800 were burnt +alive, 6500 in effigy and 90,004 exposed to public penance, while, up to +1524, the grand totals amounted to 14,344, 9372 and 195,937.[1147] Even +these figures are exceeded by Amador de los Rios, who is not usually +given to exaggeration. He assumes that, up to 1525, when the Moriscos +commenced to suffer as heretics, the number of those burnt alive +amounted to 28,540, of those burnt in effigy to 16,520 and those +penanced to 303,847, making a total of 348,907 condemnations for +Judaism.[1148] Don Melgares Marin, whose familiarity with the documents +is incontestable, tells us that, in Castile, during 1481, more than +20,000 were reconciled under Edicts of Grace, more than 3000 were +penanced with the sanbenito, and more than 4000 were burnt, but he +adduces no authorities in support of the estimate.[1149] + +[Sidenote: _STATISTICS OF VICTIMS_] + +The only contemporary who gives us figures for the whole of Spain is +Hernando de Pulgar, secretary of Queen Isabella. His official position +gave him facilities for obtaining information, and his scarcely veiled +dislike for the Inquisition was not likely to lead to underrating its +activity. He states at 15,000 those who had come in under Edicts of +Grace, and at 2000 those who were burnt, besides the dead whose bones +were exhumed in great quantities; the number of penitents he does not +estimate. Unluckily, he gives no date but, as his Chronicle ends in +1490, we may assume that to be the term comprised.[1150] With some +variations his figures were adopted by subsequent writers.[1151] +Bernáldez only makes the general statement that throughout Spain an +infinite number were burnt and condemned and reconciled and imprisoned, +and of those reconciled many relapsed and were burnt.[1152] + +Imperfect as are the records, we may endeavor to test these various +estimates by such evidence as is at hand respecting a few of the +tribunals. In this we may commence with Seville, which was +unquestionably the most active. The Inquisition had started there, as +the centre of crypto-Judaism; it was the most populous city of Castile, +with nearly half a million of inhabitants, and its unrivalled commercial +activity rendered it peculiarly attractive to the Conversos, while +Isabella's Andalusian decree of expulsion must have largely increased +the number of pseudo-proselytes. In 1524, there was placed over the +gateway of the castle of Triana, occupied by the tribunal, an +inscription of which the purport is not entirely clear, but signifying +that, up to that time, it had caused the abjuration of more than 20,000 +heretics and had burnt nearly 1000 obstinate ones.[1153] This is +probably an understatement, if we are to believe Bernáldez, who asserts +that in eight years, from the founding of the Seville tribunal up to +1488, it had burnt in person more than 700 heretics, besides many +effigies of fugitives and an infinite number of bones; those reconciled +during the same period he estimates at 5000.[1154] Still its activity +must soon have greatly diminished for, in 1502, Antoine de Lalaing, +visiting the Castle of Triana, describes it as containing more than +twenty heretic prisoners which he evidently regards as a large number, +but which would argue a very moderate amount of persecution in view of +the leisurely procedure that was becoming usual.[1155] There is +therefore an apparent tendency to exaggerate the achievements of the +Holy Office in the statement of its secretary Zurita, some half-century +or more later, that in Seville alone, up to the year 1520, there were +more than 4000 culprits burnt and more than 30,000 reconciled and +penanced, besides the numerous fugitives, and he adds that an author, +very diligent in the matter, affirms these figures to be exceedingly +defective and that, in the archbishopric of Seville alone, there were +condemned as Judaizing heretics, more than a hundred thousand persons, +including those reconciled.[1156] Cardinal Contarini, when Venetian +envoy in 1525, was evidently misled by this tendency to amplification, +when he describes the Inquisition as having made a slaughter of the New +Christians impossible to exaggerate.[1157] + +[Sidenote: _STATISTICS OF VICTIMS_] + +Unfortunately no authentic records have seen the light by which to test +the accuracy of these varying estimates of the activity of the most +destructive tribunal during the early period. It is otherwise with +several of those that ranked next to it in importance. For the province +of Toledo, as we have seen, the first tribunal was established at Ciudad +Real where, in its two years of existence, it relaxed in person 47 and +in effigy 98.[1158] Transferred to Toledo, in 1485, its operations at +first were energetic, but they diminished greatly towards the end of the +century until, in 1501, it had a spasmodic period of activity through +the discovery of "La Moça de Herrera" (Vol. I, p. 186) a young Jewish +prophetess, to whose numerous believers no mercy was shown, for those +who had been reconciled thus incurred the penalty of relapse. The total +operations of the Toledo tribunal, from its origin in 1485 until 1501, +amount to 250 relaxed in person, over 500 in effigy, about 200 +imprisoned and 5200 reconciled under Edicts of Grace. Of the personally +relaxed, nearly half, or 117, were followers of the prophetess, leaving +only 139 ordinary Judaizers and, of those imprisoned, about 140 may be +accounted for in the same way.[1159] Saragossa was reckoned as one of +the most deadly tribunals in Spain--indeed, Llorente remarks that if he +had taken it and Toledo as the basis of his calculations, he would have +tripled the number of victims.[1160] For this we have the details of the +sixty-five autos, held from 1485 to 1502, furnished by the record +printed in the Appendix to Volume I. Summarized, this gives the totals +of 119 burnt alive, 5 quartered, beheaded or strangled prior to burning, +3 bodies burnt, 29 effigies burnt and 458 penanced, or an aggregate of +614.[1161] The _Libro Verde de Aragon_, moreover, gives us an official +list of the residents of Saragossa burnt, from 1483 to 1574, in +summarizing which it appears that, during these ninety-two years, the +total of relaxations in person was 125 and in effigy 77, including seven +witches, three sorcerers and four Protestants. Tabulation by years +emphasizes the diminution of activity after the close of the fifteenth +century.[1162] + +Barcelona is another important tribunal of which we have accurate +statistics during its early years, furnished by the royal archivist, +Pere Miguel Carbonell. From its foundation to the end of Torquemada's +career, in 1498, there were thirty-one autos celebrated in Barcelona, +Tarragona, Lérida, Gerona, Perpignan, Vich, Elne and Balaguer. In these +the totals are only 10 strangled and burnt, 13 burnt alive, 15 dead and +430 burnt in effigy, 1 reconciled in effigy, 116 penanced with prison +and 304 reconciled for spontaneous confession.[1163] + +Valencia, of all the tribunals, was the one which best maintained its +activity throughout the sixteenth century, owing to the dense Morisco +population. We have a list of all persons imprisoned for heresy, from +the beginning in 1485 up to 1592 inclusive, amounting in all to 3104, of +whom 530 were contributed by the last four years, 1589-92, when the +persecution of the Moriscos was particularly active. There is also an +alphabetical list of persons relaxed, from the beginning until 1593, +unfortunately imperfect and ending with the letter N, but, by adding +twenty-five per cent. we can obtain a reasonably close approximation to +the total. The list as we have it gives 515 relaxations in person and +383 in effigy, or, with the addition of twenty-five per cent., 643 of +the former and 479 of the latter, being nearly an average of six per +annum of the former and four and a half of the latter.[1164] + +Valladolid had the most extensive territory of all the tribunals, but it +comprised the northern provinces, where the New Christians were +comparatively few. It was not organized for work until 1488, making its +first arrest on September 29th of that year, and holding its first auto +on June 19, 1489, when, after nine months' work on new ground, there +were but eighteen relaxations in person and four in effigy. The next +auto recorded did not occur until January 5, 1492, when the relaxations +in person numbered thirty-two and in effigy two.[1165] This, while +sufficiently cruel, indicates that the victims in the northern provinces +bore but a small proportion to those in the southern. + +[Sidenote: _STATISTICS OF VICTIMS_] + +At the other extremity of Spain was the little tribunal of Majorca, +which acquired a sudden and sinister reputation by the occurrences of +1678 and 1691. It started in 1488 and for some years was fairly active, +lapsing in time into virtual torpor, as far as persecution was +concerned, so that, including its autos of 1678 and 1691, the whole +aggregate of its work for over two centuries amounted to 139 +relaxations in person, 482 in effigy and 637 reconciliations, in +addition to 338 reconciled under Edicts of Grace in 1488 and 1491.[1166] + +In the later periods there are records which enable us to reach a fairly +accurate computation of the activity of some at least of the tribunals. +A few of these I have had the opportunity of consulting and the +researches of future students will doubtless in time compile tolerably +complete statistics for the second and third centuries of the +Inquisition, after the Suprema had compelled the tribunals to render +periodical reports. + +[Sidenote: _CONSCIENTIOUS CRUELTY_] + +We have those of Toledo, from 1575 to 1610, not wholly complete, for the +auto of 1595 is omitted, and the MS. breaks off at the commencement of +that of 1610. Toledo, at the time, was the most important tribunal in +Spain, for it included Madrid, yet during these thirty-five years the +relaxations amount to only eleven in person and fifteen in effigy, so +that, allowing for the omissions, there may have been one in person +every three years and one in effigy every two years, while the various +penances number in all nine hundred and four.[1167] Small as are these +results they continued to diminish. For the same tribunal we have a +record extending from 1648 to 1794 and, during this century and a half, +there were only eight relaxations in person and sixty-three in effigy, +the latest execution occurring in 1738. This gives us an average of one +of the former every eighteen years and one of the latter every two years +and a quarter. In addition, there were a thousand and ninety-four +penanced in various ways.[1168] It is true that, about 1650, a separate +tribunal was erected in Madrid, but a list of relaxations there, from +its foundation up to 1754, when relaxation had virtually become +obsolete, gives us only an aggregate of nineteen in person and sixteen +in effigy, or one in every five years of the former and in six years of +the latter.[1169] During the height of the renewed persecution of +Judaizers in the eighteenth century, in the whole of the sixty-four +autos celebrated throughout Spain from 1721 to 1727, the total number of +relaxations was seventy-seven in person and seventy-four in effigy, +making an average of about eleven a year of each class--a grim record +enough, but vastly less than has been popularly accepted.[1170] Nor +must it be forgotten that, in the vast majority of cases, the victim was +mercifully strangled before the fire was set. We have seen how very +small was the proportion of impenitents who persevered to the last and +refused to earn the garrote by professing conversion. + +The material at hand as yet is evidently insufficient to justify even a +guess at the ghastly total. Yet, after all, it is not a matter of as +much moment, as seems to have been imagined, to determine how many human +beings the Inquisition consigned to the stake, how many bones it +exhumed, how many effigies it burnt, how many penitents it threw into +prison or sent to the galleys, how many orphans its confiscations cast +penniless on the world. The story is terrible enough without reducing it +to figures. Its awful significance lies in the fact that men were found +who conscientiously did this, to the utmost of their ability, in the +name of the gospel of peace and of Him who came to teach the brotherhood +of man. It is enough to know that the inquisitors used their utmost +efforts to stamp out what they deemed heresy, and the tale of their +victims is not the gauge of their cruelty but of the number of heretics +whom they could discover. Save when pride or cupidity or ambition may +have been the impelling motive, the men are not to be blamed, but the +teaching which gave them such a conception of the duty so relentlessly +performed, and framed a system of procedure which shrouded their acts in +darkness and deprived the accused of his legitimate means of defence. +The good Cura de los Palacios was evidently a kindly natured man, but he +declares that the fires lighted by the Inquisition shall burn to the +very heart of the wood, until all Judaizers are slain and not one +remains, even to their children if infected with the same leprosy.[1171] + +In the hurried work of the early period there was no effort made to +induce the conversion that would save the accused from the stake, but, +in later times, the persistent labor bestowed on the condemned, during +the three days prior to the auto, is evidence that the tribunals did not +act through thirst of blood and that they were sincerely desirous to +save both the body and soul of the heretic, in the same spirit that +torture was sometimes piously administered in order to confirm the +sufferer in the faith. Still, at times, there was doubtless a certain +pride in affording to the populace the spectacle of a relaxation and +thus demonstrating the authority of the Holy Office. That the public +should relish the entertainment thus provided was natural, both from the +inherent attraction which the sight of suffering has for a certain class +of minds, and from the assiduous teaching that heresy was to be +exterminated and that the slaying of a heretic was an acceptable +offering to God. The Inquisitor Lorenzo Flores relates that, at the +great Valladolid auto of 1609, where there were seventy penitents, many +of them reconciled or sentenced to abjuration _de vehementi_, the people +murmured because the one condemned to relaxation had professed +conversion in time and had thus escaped the stake, and there were many +complaints that the auto was not worth the expense of coming to see. He +adds that, at Toledo, where there was no one relaxed, the people +declared that the auto was a failure.[1172] + +[Sidenote: _PROFITABLE PERSECUTION_] + +There is something terrible in the fierce exultation which fanaticism +experienced in the agonies of the misbeliever. Padre Garau, in his +account of the Mallorquin auto of May 6, 1691, gloats with an +exuberance, which he knew would be shared by his readers, on the agonies +of the three impenitents who were burnt alive. As the flames reached +them they struggled desperately to free themselves from the iron ring +which clasped them to the stake. Rafael Benito Terongi succeeded in +releasing himself but to no purpose, for he fell sideways into the fire. +His sister Cathalina, who had boasted that she would cast herself into +the flames, when they began to lick her, shrieked to be set free. Rafael +Valls, who had professed stoical insensibility, stood motionless as a +statue so long as only the smoke reached him, but, when the flames +attacked him, he bent and twisted and writhed till he could no more; he +was as fat as a sucking-pig and burnt internally, so that, after the +flames left him, he continued burning like a hot coal and, bursting +open, his entrails fell out like those of Judas. Thus burning alive they +died, to burn forever in hell.[1173] Such were the lessons which the +Church inculcated and such was the training which it gave to Spain, so +that the auto de fe came to be regarded as a spectacular religious +entertainment on the occasion of a royal visit, or in honor of the +marriage of princes. Incidental to this was the cruel perpetuation of +ancestral disgrace by the display of sanbenitos in churches, which +Philip II rightly reckoned as the severest of inflictions. It +intensified the terror inspired by the tribunal which, with a word, +could consign a whole lineage to infamy. It kept alive and vigorous the +horror of heresy and was aggravated by the statutes of Limpieza. + +I hesitate to impugn the motives of those who were active in these +terrible "triumphs of the faith," as they were fondly termed and, as +stated above, the efforts to induce conversion show that there was no +absolute thirst of blood, yet it is impossible, in reviewing the career +of the Inquisition, not to recognize how powerful an adjunct to +fanaticism was the profitableness of persecution. Had the Holy Office +been a source of expense instead of income, we may reasonably doubt +whether the ardor of Ferdinand and Isabella would have sufficed for its +introduction, and it certainly would have had but a comparatively short +and inactive career. We have seen how closely Ferdinand watched its +expenditures and endeavored to keep down its cost, while enjoying the +results of its productiveness, and how grudgingly the crown ministered +to its necessities when aid was unavoidable. We have seen moreover how +eagerly the Inquisition itself grasped at all sources of gain, how it +was stimulated to convict its victims by the prospect of their +confiscations, and how fines and penances were scaled, not by the guilt +of the culprits but by its necessities; how jealously it guarded its +receipts, and how little it recked of deception and mendacity when there +was attempt to investigate its finances. After all is said, the +Inquisition was an institution with a double duty--the destruction of +heresy and the raising of money to encompass that destruction--and there +are not wanting indications that the latter tended to supersede, or at +least to obscure, the former. We may well question the purity of zeal +which provided punishments and disabilities for heresy and at the same +time chaffered over the market price of commutations and dispensations +through which those penalties could be evaded. Not only confiscation but +pecuniary penance and fines were a source of revenue provocative of +continual abuse, and the rage for Limpieza provided abundant +opportunities for extortion. The filthy odor of gain pervades all the +active period of the Inquisition, and its comparative inactivity during +its later career may perhaps be attributed as much to the absence of +wealthy heretics as to the diminishing spirit of intolerance. + + * * * * * + +Various ingenious theories have been framed to relieve the Inquisition +of responsibility for the remarkable eclipse of Spanish intellectual +progress after the sixteenth century.[1174] It is one of the interesting +problems in the history of literature that Spain, whose brilliant +achievements throughout the Reformation period promised to make her as +dominant in the world of letters as in military and naval enterprise, +should, within the space of a couple of generations, have become the +most uncultured land in Christendom, without a public to encourage +learning and genius, and without learning and genius to stimulate a +public. For this there must have been a cause and no other adequate one +than the Inquisition has been discovered to account for this +occultation. + +[Sidenote: _INTELLECTUAL TORPIDITY_] + +Indeed, but for the effort to argue it away, it would seem superfluous +to insist that a system of severe repression of thought, by all the +instrumentalities of Inquisition and State, is an ample explanation of +the decadence of Spanish learning and literature, especially when +coupled with the obstacles thrown around printing and publication by +their combined censorship. The tribulations of Luis de Leon and +Francisco Sánchez illustrate the dangers to which independent thinkers +were exposed; the great printing-house of Portonares was ruined by the +exigencies of the Inquisition in the matter of the Vatable Bible. All a +priori considerations cast the responsibility on the censorship of +thought, whether printed or expressed verbally in what were known as +"propositions," and the burden of proof is thrown upon those who deny +it. Their reliance is on the fact that Isabella stimulated the +development of Spanish culture and, at the same time, established the +Inquisition, which thus was in existence for more than a century before +the decadence became marked. This is quite easily explicable. The +Inquisition was founded to extirpate Jewish and Moorish apostasy; in +this it long had ample work without developing its evil capacity in the +direction of censorship, save in such a sporadic instance as Diego +Deza's prosecution, in 1504, of the foremost scholar of his time, Elío +Antonio de Nebrija, for venturing to correct the errors of the Vulgate +for the Complutensian Polyglot, in the service of Ximenez who protected +him and, when inquisitor-general, allowed him to resume his +labors.[1175] With the advent of Lutheranism there gradually commenced +the search for errors; crude Indexes of condemned books were compiled, +reading and investigation became restricted; the pragmática of 1559 +forbade education at foreign seats of learning and an elaborate system +was gradually organized for protecting Spain from intellectual +intercourse with other lands, while at home every phrase that could be +construed in an objectionable sense was condemned. For awhile the men +whose training had been free from these trammels persisted, in spite of +persecution more or less severe, but they gradually died out and had no +successors. In 1601 Mariana explained that he translated his History +from the original Latin because there were few who understood that +language; such learning brought neither honor nor profit and he feared +the unskilfulness of those who threatened to undertake the task.[1176] +It is true, however, that Latin was widely studied as essential to +gaining place in Church or State, but to the neglect of everything else. +Fray Peñalosa y Mondragon, in 1629, while boasting of the thirty-two +universities and four thousand Latin schools and of Spanish pre-eminence +in the supreme science of theology, for which there were infinite +rewards, admits that there were none for the other sciences and arts, +which were not regarded with favor or estimated as formerly.[1177] The +intellectual energy of the nation, diverted from more serious channels, +continued through another period to exhibit itself in the lighter fields +of literature, where the names of Cervantes, Lope de Vega, Tirso de +Molina, Calderon de la Barca, Quevedo de Villegas and others show of +what Spanish intellect was still capable if it were allowed free play. +Even these however passed away and had no successors in the growing +intellectual torpor created by obscurantist censorship, and a dreary +blank followed which even the stimulation attempted by Philip V could +not relieve. + +[Sidenote: _INFLUENCE FOR EVIL_] + +To produce and preserve this torpor, by repressing all dangerous +intellectuality, Spain was carefully kept out of the current of +European progress. In other lands the debates of the Reformation forced +Catholics as well as Protestants to investigations and speculations +shocking to Spanish conservatism. The human mind was enabled to cast off +the shackles of the Dark Ages, and was led to investigate the laws of +nature and the relations of man to the universe and to God. From all +this bustling intellectual movement Spain was carefully secluded. +Short-sighted opportunism, seeing the turmoil which agitated France and +England and Germany, might bless the institution which preserved the +Peninsula in peaceful stagnation, but the price paid for torpidity was +fearfully extravagant, for Spain became an intellectual nonentity. Even +the great theologians and mystics disappeared from the field which they +had made their own, and were succeeded by a race of probabilistic +casuists, who sought only to promote and to justify self-indulgence. How +intellectual progress fared under these influences may be estimated by a +single instance. When, in England, Halley was investigating the +periodicity of the comet which bears his name, in Spain learned +professors of the universities of Salamanca and Saragossa were +publishing tracts to reassure the frightened people, by proving that the +dreadful portent boded evil only to the wicked--to the Turk and the +heretic.[1178] The perfect success of the Inquisition in its work is +manifested in the contrast between the eighteenth and the early +sixteenth century, as illustrated by the statement of Juan Antonio +Mayans y Siscar, that a cartload of the precious MSS. bestowed by +Ximenes on his University of Alcalá was sold to the fire-works maker +Torrecilla, for a display in honor of Philip V, and that several other +similar collections had shared the same fate.[1179] Even after half a +century of Bourbon effort to revitalize the dormant intellect of Spain, +Father Rábago, the royal confessor, grudged the money spent on +historiographers and academies; it was a pure gift, he says, for it +yields no fruits.[1180] In fact, the awakening from intellectual stupor +was slow, for Dom Clemencin tells us that there was less printing in +Spain at the commencement of the nineteenth century than there had been +in the fifteenth under Isabella.[1181] + +It is impossible not to conclude that the Inquisition paralyzed both the +intellectual and the economic development of Spain and it is scarce +reasonable for Valera to complain that, when Spain was aroused from its +mental marasmus, it was to receive a foreign and not to revive a native +culture.[1182] + +That science and art and literature should thus be submerged was a +national misfortune, but even more to be deplored were the indirect +consequences. Material progress became impossible, industry languished, +and the inability to meet foreign competition assisted the mistaken +internal policy of the government in prolonging and intensifying the +poverty of the people. Nor was this the chief of the evils that sprung +from keeping the mind of the nation in leading-strings, from repressing +thought and from excluding foreign ideas, for the people were thus +rendered absolutely unfitted to meet the inevitable change that came +with the Revolution. To this, in large measure, may be attributed the +sufferings through which Spain has passed in the transition from +absolutism to modern conditions. + + * * * * * + +We have thus followed the career of the Spanish Inquisition from its +foundation to its suppression; we have examined its methods and its acts +and have sought to appraise its influence and its share in the +misfortunes which overwhelmed the nation. The conclusion can scarce be +avoided that its work was almost wholly evil and that, through its +reflex action, the persecutors suffered along with the persecuted. Yet +who can blame Isabella or Torquemada or the Hapsburg princes for their +share in originating and maintaining this disastrous instrument of +wrong? The Church had taught for centuries that implicit acceptance of +its dogmas and blind obedience to its commands were the only avenues to +salvation; that heresy was treason to God, its extermination the highest +service to God and the highest duty to man. This grew to be the +universal belief and, when Protestant sects framed their several +confessions, each one was so supremely confident of possessing the +secret of the Divine Being and his dealings with his creatures that all +shared the zeal to serve God in the same cruel fashion. + +Spanish Inquisition was only a more perfect and a more lasting +institution than the others were able to fashion--as regards +witchcraft, indeed, a more humane and rational one, for no one can +appreciate the service which in this matter it rendered to Spain who has +not realized the horrors of the witchcraft trials in which Catholic and +Protestant Europe rivalled each other. The spirit among all was the +same, and none are entitled to cast the first stone, unless we except +the humble and despised Moravian Brethren and the disciples of George +Fox. The faggots of Miguel Servet bear witness to the stern resolve of +Calvinism. Lutheranism has its roll-call of victims. Anglicanism, under +Edward VI, in 1550 undertook to organize an Inquisition on the Spanish +pattern, which burnt Joan of Kent for Arianism, and the writ _De +hæretico comburendo_ was not abolished until 1676.[1183] Much as we may +abhor and deplore this cruelty, we must acquit the actors of moral +responsibility, for they but acted in the conscientious belief that they +were serving the Creator and his creatures. The real responsibility can +be traced to distant ages, to St. Augustin and St. Leo the Great and the +fathers, who deduced, from the doctrine of exclusive salvation, that the +obstinate dissident is to be put to death, not only in punishment for +his sin but to save the faithful from infection. This hideous teaching, +crystallized into a practical system, came, in the course of centuries, +to be an essential feature of the religion which it distorted so utterly +from the love and charity inculcated by the Founder. To dispute it was a +heresy subjecting the disputant to the penalties of heresy, and not to +enforce it was to misuse the powers entrusted by God to rulers for the +purpose of establishing his kingdom on earth. + +[Sidenote: _RETRIBUTION_] + +In Spain, under peculiar conditions, this resolve to enforce unity of +belief, in the conviction that it was essential to human happiness here +and hereafter, led to the framing of a system of so-called justice more +iniquitous than has been evolved by the cruellest despotism; which +placed the lives, the fortunes and the honor, not only of individuals +but of their posterity, in the hands of those who could commit wrong +without responsibility; which tempted human frailty to indulge its +passions and its greed without restraint, and which subjected the +population to a blind and unreasoning tyranny, against which the +slightest murmur of complaint was a crime. The procedure which left the +fate of the accused virtually in the hands of his judges was rendered +doubly vicious by the inviolable secrecy in which it was enveloped--a +secrecy which invited injustice by shielding its perpetrators and +enabling them to make a parade of benignant righteousness. It was the +crowning iniquity of the Inquisition that it thus afforded to the +evil-minded the amplest opportunity of wrong-doing. History affords no +parallel to such a skilfully organized system, working relentlessly +through centuries. + +The inquisitors were men, not demons or angels, and when injustice and +oppression were rife in the secular courts it would be folly not to +expect them in the impenetrable recesses of the Holy Office. If we have +occasionally met with instances of kindliness and genuine desire to do +right, we have incidentally encountered the opposite too often for us to +doubt its frequency. That the rulers of the Inquisition recognized the +danger of this and sought to diminish it by moral influences is evident +from the admirable prayer the utterance of which, by a carta acordada of +April 13, 1600, was ordered daily after mass at the opening of the +morning session. This implored the Holy Spirit to fill their hearts and +guide their judgements, so that they might not be misled by ignorance or +favor, or be corrupted by gifts or acceptance of persons; that their +decisions might be in unison with His will, so that in the end they +might earn eternal reward by well-doing.[1184] Yet we might feel more +confidence in the sincerity of this attempt to curb by moral influence +the evil tendencies fostered by the system if there had been stern +repression and punishment of official wrong-doing, instead of the +habitual mercy which served as an encouragement. + +After all, the great lesson taught by the history of the Inquisition is +that the attempt of man to control the conscience of his fellows reacts +upon himself; he may inflict misery but, in due time, that misery +recoils on him or on his descendants and the full penalty is exacted +with interest. Never has the attempt been made so thoroughly, so +continuously or with such means of success as in Spain, and never has +the consequent retribution been so palpable and so severe. The sins of +the fathers have been visited on the children and the end is not yet. A +corollary to this is that the unity of faith, which was the ideal of +statesman and churchman alike in the sixteenth century, is fatal to the +healthful spirit of competition through which progress, moral and +material, is fostered. Improvement was impossible so long as the Holy +See held a monopoly of salvation and, however deplorable were the hatred +and strife developed by the rivalry which followed the Reformation, it +yet was of inestimable benefit in raising the moral standards of both +sides, in breaking down the stubbornness of conservatism and in +rendering development possible. Terrible as were the wars of religion +which followed the Lutheran revolt, yet were they better than the +stagnation preserved in Spain through the efforts of the Inquisition. So +long as human nature remains what it is, so long as the average man +requires stimulation from without as well as from within, so long as +progress is the reward only of earnest endeavor, we must recognize that +rivalry is the condition precedent of advancement and that competition +in good works is the most beneficent sphere of human activity. + + + + +APPENDIX. + + +I. + +ABJURATION OF JOSEPH FERNANDEZ DE TORO, BISHOP OF OVIEDO. + +(Bulario de la Orden de Santiago, Libro V, fol. 150). (See p. 75). + +Ego Joseph Fernandez de Toro, olim episcopus Ovetensis, coram +Sanctissimo in Christo Patre et Domino nostro Domino Clemente Divina +Providentia papa undecimo humiliter genuflexus vobis E^{mis} et R^{mis} +DD. cardinalibus contra hæreticam pravitatem Generalibus Inquisitoribus +ei assistentibus, sacrosancta Dei Evangelia coram me posita manibus +tangens, sciens neminem salvum fieri posse extra illam fidem quam tenet, +credit, profitetur ac docet Sancta Catholica et Apostolica Romana +Ecclesia contra quam fateor et doleo me graviter errasse quia tenui et +docui respective errores et hæreses formales ac dogmata contra veritatem +ejusdem S. Ecclesiæ, et præcipue quia tenui et credidi quod non +peccaverim nec peccare fecerim ex speciali Providentia Dei in quibusdam +actibus turpibus a me habitis cum foeminis. Quod concussiones et +corporis tremores cum pollutione sequuta attribuendi essent operationi +Dæmonis ideoque absque peccato essent. Quod actus exteriores amplexuum, +osculorum aliarumque operationum inhonestarum essent supernaturales in +causa, adeoque a Deo et a Jesu procederent. Quod prædicta oscula et +amplexus essent immunes a motu libidinis et essent motiva maximæ +humiliationis ex supposita unione cum Deo. Quod facta turpia cum +foemina complici procederent ex redundantia amoris erga Jesum adeoque +a parte inferiore procederent et ex motu ipsius Jesu impellerentur. Quod +stante supposita tam mea quam foeminæ complicis unione cum Deo, posset +utriusque status componi una simul cum exterioribus actibus peccaminosis +omnesque impulsus quos in eandam foeminam habebam, Dei et Jesu essent +impulsus. Quod pessima doctrina a me insinuata Dei esset doctrina. Quod +a Deo haberem donum discretionis, spirituum impulsus et illustrationes +ad agnoscendum spiritualem animæ statum, ipsaque spirituum discretio ac +doctrinarum cognitio, esset lux mihi a Deo infusa, essem super omnes +illustratus, ideoque essem omnibus superior. Quod facta turpia a me +habita cum foemina complici essent exercitium et martyrium a Deo +missum ad utriusque humiliationem et purificationem. Quod deosculando et +amplectendo foeminam complicem in me adesset Jesus ipseque Jesus +mediante me ita ageret et loqueretur. Quod stante dicta supposita unione +cum Deo ab ipso motæ essent potentiæ meæ, memoria, intellectus et +voluntas, ipseque Deus esset meus intellectus, memoria, voluntas et +spiritus idque esset idem, ac tres distinctæ personæ, una Majestas et +unus Deus, et alias credidi propositiones et dogmata mihi in processu +contestata; quæ quidem propositiones tanquam temerariæ, erroneæ, +scandalosæ, Christianæ disciplinæ relaxativæ, male sonantes, periculosæ, +præsumptuosæ, errori proximæ, abusivæ verborum Sacræ Scripturæ, +injuriosæ in Sanctos, insanæ, sacrilegæ, hæresim sapientes, de hæresi +suspectæ, impiæ, blasphemæ, coincidentes cum propositionibus Molinos et +hæreticæ respective censuratæ et qualificatæ fuerunt. Nunc de prædictis +erroribus et hæresibus dolens, certus de veritate fidei Catholicæ, corde +sincero ac fide non ficta abjuro, detestor, maledico, anathematizo et +respective retracto omnes supradictos errores et hæreses, quos et quas +tenui et credidi, et promitto ac juro me nunc toto corde absque ulla +hæsitatione credere et in futurum firmiter crediturum quicquid tenet, +credit, prædicat, profitetur ac docet eadem S. Catholica Ecclesia, et +abjuro, detestor, maledico et anathematizo non solum supradictos errores +et hæreses verumetiam generaliter omnem alium errorem dietæ sanctæ +Ecclesiaæ contrarium, omnemque aliam hæresim et promitto et juro me +neque corde neque voce neque scripto unquam recessurum quacunque +occasione sive prætextu a sancta fide Catholica nec crediturum vel +edocturum aliquem errorem eidem contrarium seu aliquam hæresim. Promitto +etiam me integre adimpleturum omnes et singulas poenitentias mihi a +Sanctitate vestra impositas sive imponendas et si unquam alicui ex +dictis meis promissionibus et juramentis (quod Deus avertat) +contravenero me subjicio omnibus poenis a sacris canonibus aliisque +constitutionibus generalibus et particularibus contra hujusmodi +delinquentes inflictis et promulgatis. Sic me Deus adjuvet et illius +sancta Evangelia quæ propriis manibus tango. Ego Joseph Fernandez de +Toro supradictus abjuravi, juravi, promisi et me obligavi ut supra et in +fidem veritatis præsentem schedulam meæ abjurationis propria mea manu +subscripsi eamque recitavi de verbo ad verbum. Romæ, in palatio +Quirinali hac die, 17 Julii, 1719.--Ego Joseph Fernandez de Toro +Episcopus abjuravi ut supra manu propria. + + +II. + +ABSTRACT OF THE CASE OF CATALINA MATHEO IN 1591. + +(Relacion de las causas despachadas en el auto de la fee que se celebro +en la Inquisicion de Toledo, Domingo de la SS^{ma} Trinidad, nueve dias +de Junio, 1591 años.--Königl. Universitäts Bibliothek of Halle, Yc, 20, +T. I.). (See p. 224). + +Catalina Matheo, viuda, vezina del Cazar, de edad de cinquenta años fue +presa por el vicario de Alcala con diez y seis testigos de que en la +dicha villa de quatro años a esta parte abian muerto quatro o cinco +criaturas de muertes violentas que era imposible averlas hecho sino +bruxas, y de que la dicha Catalina Matheo y Olalla Sobrina y Joana +Yzquierda eran tenidas por tales publicas, y specialmente la dicha +Matheo. Hizòle proceso y diòle tormento y en el la dicha Catalina Matheo +dixò que era berdad, que podria aber quatro o cinco años que Olalla +Sobrina la abia dicho si queria ser bruxa, ofreciendole que el Demonio +tendria con ella aceso torpe y que era buen officio. Y que una noche por +medio de la dicha Joana Yzquierda la abia llamado a su casa adonde +estando todas tres abia entrado el demonio en figura de cabron, y +hablando aparte primero con las dichas Olalla y Joana las abia abraçado +y despues a la dicha Matheo, porque ellas le abian dicho que tambien +ella queria ser bruxa, y que el dicho Demonio le abia pedido alguna cosa +de su cuerpo, y ella le abia ofrecido una uña de un dedo del medio de la +mano derecha, y que por regozijo del concierto abian bailado con el +dicho cabron y el se abia echado carnalmente con todas tres en presencia +de todas. Y que aquella noche la dicha Olalla la abia untado las +coiunturas de los dedos de pies y manos y en compañia del dicho cabron +abian ydo a una casa y llebando unas brosas en una teja abian entrado +por una ventana a las doze de la noche y echando sueno a los padres con +unas dormideras y otras yerbas puestas debaxo de la almohada, les abian +sacado una niña de la cama y apretandola por las arcas la abian ahogado, +y encendido lumbre con lo que llebaban, y la quemaron las partes +traseras, y quebrantando los braços, y que al ruido abian despertado los +dichos padres, y ellas se abian buelto con el dicho cabron por el ayre a +casa de la dicha Olalla, adonde se abian bestido y ydo cada una a su +casa, y que a la yda y buelta yban por el ayre desnudas, y diziendo de +viga (?) con la yra de Sancta Maria. Y que de alli a pocos dias el dicho +cabron abia ydo una noche a casa de la dicha Matheo y hallandola +acostada la abia forçado y tenido cuenta carnal con ella, diziendo en +esto algunas particularidades y lo mesmo abia tenido otras diez o doze +noches, y en los dichos quatro años otras vezes a menudo, y lo mesmo +abia hecho en las carceles del dicho vicario. Y que a cabo de algunos +pocos dias en casa de la dicha Olalla le abia dado un cuchillo y con el +se abia cortado la uña que le abia mandado y se la abia entregado. Y +otras noches untandose en casa de la dicha Olalla y en compañia de lo +dicho cabron abian ydo a otra casa y ahogado un niño y arrancadole sus +berguenzas, y despues a otras dos casas en diferentes noches y ahogado +otras dos criaturas. Y que una sola vez abia inbocado al demonio +diziendole Demonio ven a mi llamado y mandado. Y pasadas las oras del +derecho se ratifico en la dicha confesion, y el dicho vicario hiço +acareacion de la dicha Catalina Matheo con la dicha Olalla y en su +presencia la dicha Matheo le dixo todo lo arriba dicho, afirmandose en +ello, y la otra negandolo. Y en este estado remitio a la dicha Matheo a +este S^{to} Offº al qual aviendo sido trayda presa en la primera +audiencia que con ella se tubo dixo que pedia misericordia del grave +pecado que havia hecho en lebantarse a si y las dichas Olalla y +Yzquierda lo que dellas avia dicho y de si confessado ante el dicho +vicario lo qual avia dicho por miedo del tormento. Y abiendose +examinados diez y seis testigos en el Cazar consto ser verdad que los +dichos niños abian sido muertos y se hallaron de la misma manera y forma +muertos y maltratados que la sobredicha Matheo lo abia confessado. Y +aviendose substanciado su processo fue puesta a question de tormento, y +abiendose pronunciado la sentencia y abaxadola a la camara para +executarse antes de desnudarse abiendo sido amonestada dixo ser berdad +todo lo que abia dicho antel vicario de Alcala, y en efecto lo refirio +en substancia, aunque en algunas circonstancias mudo alguna cossa, +asegurando mucho ser berdad ansi en la manera del confesar como del +jurarlo, y pasadas las oras del derecho se ratifico en sus confesiones, +y en otras audiencias que con ella se tubieron despues dixo lo mesmo, +negando saber de que fuesen hechos los dichos inguentos ni aber tenido +otro pacto tacito ni expresso con el Demonio mas de que abia dicho, y +dixo las causas que abia tenido de bengarse de los padres en la muerte +de sus hijos que son las mesmas que los padres testificaron, por donde +sospechaban que ellas se los obiesen muerto. Y subtenciose su causa y +votose auto con coroça, levi, doçiento açotes y reclusa por el tiempo +que pareciere. + + +III. + +LETTER OF THE SUPREMA ON THE TUMULT OF MAY 2, 1808. + +(Archivo histórico nacional, Inquisicion de Valencia, Cartas del +Consejo, Legajo 17, No. 3, fol. 31). (See p. 401). + +Las fatales resultas que se ban experimentado en esta Corte el dia 2 del +corriente por el alboroto escandaloso del bajo Pueblo contra las tropas +del Emperador de los Franceses hacen necesaria la vigilancia mas activa +y esmerada de todas las autoridades y cuerpos respetables de la Nacion +para evitar que se repitan iguales excesos y mantener en todos los +pueblos la tranquilidad y sosiego que exige su propio interes no menos +que la hospitalidad y atencion debida á los oficiales y soldados de una +nacion amiga que á ninguno ofenden y han dado hasta ahora las mayores +pruebas de buen orden y disciplina, castigando con rigor á los que se +propasan ó maltratan á los Españoles en su persona ó bienes. Es bien +presumible que la malevolencia ó la ignorancia haian seducido á los +incautos y sencillos para empeñarles en el desorden revolucionario so +color de patriotismo y amor al Soberano, y corresponde por lo mismo á la +ilustracion y zelo de los entendidos el desimpresionarles de un error +tan prejudicial, haciendoles conocer que semejantes movimientos +tumultuarios lejos de producir los efectos propios del amor y lealtad +bien dirigidos, solo sirven para poner la Patria en convulsion, +rompiendo los vinculos de subordinacion en que esta afianzada la salud +de los Pueblos, apagando los sentimientos de humanidad y destruyendo la +confianza que se debe tener en el Gobierno, que es el unico á quien toca +dirigir y dar impulso con uniformidad y con provecho al valor y á los +esfuerzos del patriotismo. Estas verdades de tanta importancia ninguno +puede persuadirlas mejor que los Ministros de la Religion de Jesu +Cristo, que toda respira paz y fraternidad entre los hombres igualmente +que sumision, respeto y obediencia á las autoridades; y como los +individuos y Dependientes del Santo Oficio deban ser y han sido siempre +los primeros en dar exemplo de Ministros de paz y que procuran la paz, +hemos creydo, Señores, conveniente y muy propio de la obligacion de +nuestro Ministerio el dirigiros la presente carta para que enterados de +su contexto y penetrados de la urgente necesidad de concurrir +unanimemente á la conservacion de la tranquilidad publica la hagais +entender á los subalternos de ese Tribunal y á los Comisarios y +Familiares del Distrito, á fin de que todos y cada uno contribuir (sic) +por su parte con quanto zelo, actividad y prudencia les fuere posible á +tan interesante objeto. Tendreislo entendido, y del recibo de esta +dareis el correspondiente aviso. Dios os guarde. Madrid 6 de Maio de +1808.--Dr. D. Gab^{l} Nevia y Noriega.--D. Raimundo Eltenhard y +Salinas.--Fr. Man^{l} de San Joseph.--Rubricado. Recibida en 9 de Mayo +de 1808.--SS. Bertran, Laso, Acedo, Encina.--Executese como S. A. lo +manda. Rubrica. Valencia. + +Certifico el infrascrito Secretario del Secreto del Santo Oficio de la +Inquisicion de Valencia que en el dia once del mes de Mayo del año mil +ochociento y ocho, estando en su audiencia de la mañana los S^{res} +Inquisidores Dr. D. Mathias Bertran, Licen^{do} D. Nicolas Rodriguez +Laso, Dr. D. Pablo Acedo Rico y Dr. D. Fran^{co} de la Encina, entraron +en ella los Ministros, Calificadores, Titulados, Notarios y Familiares +que viven en esta ciudad, á los quales, precedida convocacion para este +fin, se les leyó esta carta de los Señores del Consejo de S. M. de la +Santa y General Inquisicion y en seguida se les exortó por el Señor +Inquisidor Decano á su mas exacto cumplimiento. Y para que lo susodicho +conste doy la presente Certificacion que firmo en la Camara del Secreto +de la Inquisicion de Valencia, en el dia 11 del mes de Mayo de 1808.--D. +Man^{l} Fuster y Bertran, Secretario. Rubricado. + + +IV. + +DECREE OF FERNANDO VII, SEPTEMBER 9, 1814, RESTORING THE PROPERTY OR THE +INQUISITION. + +(Archivo de Simancas, Inquisicion, Libro 559). + +(See p. 427). + +Exc^{mo} Señor:--Por Real decreto de veintiuno de Julio ultimo, se +sirvio S. Magestad mandar restablecer en todos sus dominios el Santo +Oficio de la Inquisicion al pie y estado en que se hallaba el año de mil +ochocientos ocho y que para la subsistencia y decoro de los Ministros y +demas empleados de sus tribunales se restituyesen toda clase de bienes y +efectos pertenecientes á su dotacion, como son frutos, creditos, reditos +de censos, vales y caudales que se hallan impuestos en la Caja de +consolidacion, asi como de los rendimientos de las canongias +perpetuamente anejas al Santo Officio afectas por Brebes apostolicos. + +Comunicado este Real decreto al supremo Consejo de Inquisicion para su +observancia consulto á S. Magestad lo que en su razon tubo por +combeniente al cabal cumplimiento de las piadosas Reales intenciones, +manifestando al propio tiempo los ruinosos y destruidos que se hallaban +los edificios destinados al tribunal del Santo Oficio, estravio de sus +papelea mas interesantes, ya de causas de fe, ya de la Hacienda del Real +fisco que fueron presa de los executores de los decretos de abolicion de +los tribunales de Inquisicion. Enterado S. Magestad de todo y deseoso de +llevar á debido efecto su citado Real Decreto de veinteuno de Julio ha +resuelto se pongan desde luego sin demora ni detencion alguna á +disposicion de los tesoreros de los respectivos tribunales de +Inquisicion todas las fincas y efectos de qualquiera clase que sean +pertinecientes al tribunal y que en este concepto hayan sido +secuestrados, confiscados, detenidos ó aplicados á lo que se llama +hacienda publica ó Nacional, devolviendo todos los titulos de propiedad +y legitimacion de creditos que hubiesen recebido y cortando la cuenta el +dia veinteuno de Julio del presente año den razon de las personas +obligadas al pago de sus arrendamientos y obligaciones con expression de +sus cantidades y procedencias. + +De orden del Rey lo comunico á V. E. para su inteligencia y puntual +cumplimiento, y á fin de que esta real resolucion la haga circular á los +Gobernadores, Intendentes, Directores del credito publico ó sugetos +encargados de la Real recaudacion de intereses en los Pueblos de sus +distritos. Dios guarde á V. E. muchos años. Madrid, 3 de Setiembre de +1814. + +S^{r} Virrey y Capitan General de etc. + + +V. + +DECREE OF SUPPRESSION, MARCH 9, 1820. + +(Miraflores, Documentos á los qué se hace referencia en los Apuntes +histórico-criticos, I, 93.--Rodrigo, Historia Verdadera, III, 494). (See +p. 436). + +Considerando que es incompatible la existencia del Tribunal de la +Inquisicion con la constitucion de la Monarquia Española promulgada en +Cádiz en 1812 y que por esta razon lo suprimieron las Córtes generales y +estraordinarias por decreto de 22 de Febrero de 1813, previa una madura +y larga discusion: oida la opinion de la Junta formada por decreto de +este dia, y conformandome con su parecer, he venido en mandar que desde +hoy quede suprimido el referido Tribunal en toda la Monarquia y por +consecuencia el Consejo de la Suprema Inquisicion, poniendose +inmediatamente en libertad á todos los presos que estén en sus cárceles +por opiniones políticas ó religiosas, pasandose á los Reverendos Obispos +las causas de estos últimos en sus respectivas Diócesis para que las +sustancien y determinen con arreglo en todo al espresado decreto de las +Córtes estraordinarias. Tendréislo entendido y dispondréis lo +conveniente á su cumplimiento. Palacio, 9 de Marzo de 1820. Esta +rubricado. Al Secretario de Gracia y Justicia. + + +VI. + +THE LAST VOTE OF THE SUPREME COUNCIL, FEBRUARY 10, 1820. + +(Libro de Votos Secretos, Archivo de Simancas, Inquisicion, Libro 890). +(See p. 437). + +Toledo.--Don Manuel de la Peña Palacios. + +En el consejo á 10 de Febrero de 1820. Señores Hevia, Ettenhard, +Amarilla, Galarza, Martinez, Beramendi, Prado.--Hagan justicia como lo +tienen acordado. + +Voto del Tribunal. En el Santo Oficio de Toledo en 29 dias del mes de +Enero de 1820, estando en la audiencia de su mañana el Señor Inquisidor +Doctor Don José Francisco Bordujo y Rivas (que asiste solo) haviendo +visto esta causa contra Don Manuel de la Peña Palacios, Presbitero Cura +que fué del lugar de Ontoba y actualmente de Torrejon del Rey en este +arzobispado por delitos de proposiciones y propagar doctrinas peligrosas +contrarias al sentir de la Iglesia: Dixo, Que su voto y parecer es que á +este reo á puerta cerrada en la sala de Audiencia y a presencia del +Secretario de la causa se le reprenda amoneste y conmine por las +proposiciones propaladas ya en sus sermones ya en sus conversaciones +familiares; se le absuelva ad cautelam y por quince dias se le exercite +spiritualmente en el convento de Padres Carmelitas Descalzos de esta +Ciudad al cargo de Director que se le señale; se le advierta que por +ahora le trata el Tribunal con toda conmiseracion y clemencia por +haverselo implorado en las audiencias que con él se han tenido y por +esperar su total enmienda en el modo irregular con que hasta aqui se ha +conducido con sus Feligreses y se estará á la mira de su conducta y +operaciones; y antes de executarse se remita á S. A. con todos los +expedientes que han precedido para su aprobacion; y lo rubricó de que +certifico. Está rubricado.--D. Domingo Sanchez Fijon, Secretario. + + +VII. + +DICTAMEN OF THE CONSEJO DE GOBIERNO ON THE DECREE EXTINGUISHING THE +INQUISITION. + +(Archivo de Alcalá Ministerio de Estado, Legajo 906, n. 88). (See p. +467). + +Señor Secretario de Estado y del Despacho de Gracia y Justicia. + +Ex^{mo} Señor: He recibido el oficio de V. E. de 9 del presente con el +proyecto de decreto en que se declara suprimido el Tribunal de la +Inquisicion, se adjudican sus bienes y rentas á la estincion de la deuda +publica y se fija la suerte de los dependientes del Tribunal, cuyo +proyecto remite V. E. de Real orden al Consejo por que lo examine y +esponga su dictamen. + +Enterado de todo y despues de una detenida discusion ha acordado el +Consejo manifieste á V. E. que reconoce la conveniencia de coadyubar al +sostenimiento del credito del Estado por cuantos medios esten al alcance +del Gobierno y reconoce asi mismo que los bienes de la Inquisicion +(suprimida á lo menos de hecho por el Rey difunto que nunca permitió que +restableciese) podran proporcionar algun ausilio á la caja de +amortization sin agravio de nadie, pues en el proyecto de Decreto se +establece el conveniente para asegurar á los empleados del Tribunal las +asignaciones que les correspondan segun sus circunstancias y +clasificaciones. + +Por estas consideraciones no halla reparo el Consejo en que S. M. +apruebe en lo substancial el proyecto de Decreto aunque en su dictamen +podrian hacerse en el las siguientes modificaciones. + +1ª En la parte del preambulo donde hablando de la autoridad Pontificia +se usa de la espresion: _Primado de la Iglesia universal_, cree el +consejo que podria seguirse el uso constante de designar dicha autoridad +Pontificia con el nombre de Santa Sede ó Sumo Pontifice; no porque el +Consejo desconozca la propiedad del titulo de Primado de la Iglesia +universal con arreglo á los sacros canones, sino porque en materia de +denominaciones y fórmulas es siempre preferible el uso de las +establecidas y mas comunes que inovarlas, porque puede darse lugar à que +se crea que la inovacion envuelva algun designio que la malignidad +interpreta segun su antojo. + +2ª Cuando en el Artº 1º se dice _que se declara suprimido el Tribuno de +la Inquisicion_ podra darse motivo á que se infiera por esta espresion +que el Gobierno lo había creido subsistente hasta el dia de derecho: +cuya idea no parece enteramente exacta, pues el Señor Don Fernando 7º +resistiendo siempre á las gestiones de alcunas corporaciones para su +restablecimiento, y habiendo restituido á los Arzobispos y Obispos el +conocimiento sobre las causas de fe que les corresponde por derecho +comun dió bastante á entender que su Real animo estaba decidido á la +estincion de la Inquisicion aunque por ciertas consideraciones no la +hubiere pronunciado mas esplicitamente, cree pues el Consejo preferible +que en dicho articulo se haga algun mencion de lo hecho por el difunto +Rey sobre esta materia, á que aparezca dicha estincion como un acto de +la Regencia en su totalidad: Y si no juzga S. M. que haya necesidad de +ello, por lo menos el Consejo cree que al espresado articulo combendra +añadir la palabra definitivamente, para que diga se declara suprimido +definitivamente el Tribunal de la Inquisicion. + +3º El consejo entiende que en la actualidad convendria suprimir +enteramente el Artº 4º por el que se autoriza al Señor Secretario del +Despacho de Hacienda para la pronta enagenacion de las fincas: pues +habiendose vendido muchas de ellas en tiempo del Gobierno +constitucional, y no siendo posible todavia hacer distincion alguna +entre las que se enageraron y las que no se enageraron en dicha época +hasta que las Córtes examinen la grave cuestion relativa á los +compradores de bienes nacionales, podria darse motivo á que se +sospechase que se decidia este punto general por el presente Decreto de +una manera indirecta, mandando vender todos los bienes de la Inquisicion +indistintamente y sin hacer diferencia alguna entre los enagenados y los +non enagenados. Parece pues que por ahora combiene limitarse á lo que se +previene en el Artº 2º aplicando la masa de los bienes de la Inquisicion +á la estincion de la deuda publica sin mas esplicacion. + +4º El artº 6º en que se ordena que los sueldos de los empleados del +Tribunal se paguen del Tesoro público, cree el Consejo que podria +modificarse mandando que este pago se hiciese por la caja de +Amortizacion pues no parece justo imponer este nuebo gravamen al Real +Tesoro cuando nada es mas natural que satisfacer el gravamen vitalicio +que pesa sobre los bienes y rentas del Tribunal por el mismo +establecimiento adonde han á ingresar sus productos. Esto no ofrecerá +inconveniente aun despues que se vendan todas las fincas que pertenecian +á la Inquisicion, pues siempre quedarán las ciento y una Canongias de +que habla el Artº 3º del proyecto que no son susceptibles de +enagenacion, y con cuyo producto habrá mas que lo suficiente para pagar +a los cesantes del ramo cuyo número se hallará muy reducido por los que +han fallecido ó pasado á otros destinos desde el año de 1823 hasta el +dia, y se reducira todabia mas por las disposiciones de los Art^{os} 5º +y 6º del mismo proyecto de Decreto. + +Lo que por acuerdo del Consejo digo á V. E. en contestacion á su citado +oficio con devolucion del Proyecto. + +Dios etc. Madrid, 13 de Julio de 1834. El Conde de Ofalía. + + +VIII. + +DECREE OF JULY 15, 1834, ABOLISHING THE INQUISITION. + +(Printed by Castillo y Ayensa, Negociaciones con Roma, Madrid, 1859. + +Tom. I, Append, p. 165). (See p. 468). + +Deseando aumentar el crédito público de la Nacion por todos los medios +compatibles con los principios de justicia: teniendo en consideracion +que mi augusto Esposo (Q. E. E. G.) creyó bastante eficaz al +sostenimiento de la Religion del Estado la nativa é imprescriptible +autoridad de los muy RR. Arzobispos y RR. Obispos, protegida cual +corresponde por las leyes de la Monarquia: que mi Real decreto de 4 de +Enero próximo pasado ha dejado en manos de dichos Prelados la censura de +los escritos concernientes á la fe, á la moral y disciplina, para que se +conserve ileso tan precioso depósito: que están ya concluidos los +trabajos del Código criminal en que se establecen las convenientes penas +contra los que intenten vulnerar el respeto debido á nuestra Santa +Religion; y que la Junta eclesiástica, creada por mi Real decreto de 22 +de Abril se ocupa de proponer cuanto juzgue conducente á tan importante +fin, para que provea yo de remedio hasta donde alcance el Real +Patronato, y con la concurrencia de la Santa Sede en cuanto menester +fucre: en nombre de mi excelsa Hija Doña Isabel II, oido el Concejo de +Gobierno y el de Ministros, he venido en mandar lo siguiente: Articolo +Iº. Se declara suprimido definitivamente el Tribunal de la Inquisicion. +2º Los predios rústicos y urbanos, censos ú otros bienes con que le +habia dotado la piedad soberana ó cuya adquisicion le proporcionó por +medio de leyes dictadas para su proteccion, se adjudican á la extincion +de la Deuda pública. 3º Las ciento una canongias que estaban agregadas á +la Inquisicion se aplican al mismo objeto, con sujecion á mi Real +decreto de 9 de Marzo último y por el tiempo que expresan las Bulas +apostólicas sobre la materia. 4º Los empleados de dicho Tribunal y sus +dependencias que posean prebendas eclesiásticas ú obtengan cargos +civiles de cualquiera clase con sueldo, no tendrán derecho á percibir el +que les correspondia sobre los fondos del mismo Tribunal, cuando servian +en él sus destinos. 5º Todos los demas empleados, mientras no se les +proporcione otra colocacion, percibirán exactamente de la Caja de +Amortizacion el sueldo que les corresponda, segun clasificacion que +solicitarán ante la Junta creada al efecto. Tendréislo entendido y +dispondreis lo necesario á su cumplimiento. En San Ildefonso á 15 de +Julio de 1834.--A. D. Nicolás María Garelly. + + +IX. + +PRAYER RECITED DAILY AT OPENING OF MORNING SESSION. + +(Biblioteca nacional, Seccion de MSS. D, 122, fol. 1). (See p. 583). + +Adsumus Domine, Sancte Spiritus, adsumus quidem peccati immanitate +detenti, sed in nomine tuo specialiter aggregati. Veni ad nos, adesto +nobis, dignari illabi cordibus nostris; doce nos quid agamos, quo +gradiamus; ostende quid officere debeamus ut, te auxiliante, tibi in +omnibus placere valeamus. Esto salus et suggestor et effector judiciorum +nostrorum, qui solus cum Deo patre et ejus Filio nomen possides +gloriosum. Non nos patiaris perturbatores esse justitiæ qui summam +diligis æquitatem, ut in sinistrum nos ignorantia non trahat, non favor +infectat, non acceptio muneris vel personæ corrumpat, sed junge nos tibi +efficaciter solius tuæ gratiæ dono ut simus in te unum et in nullo +deviemus a vero quatenus in nomine tuo collecti, sic in cunctis teneamus +cum moderamine pietatis justitiæque ut hic a te in nullo dissentiat +sententia nostra, ut in futuro pro bene gestis consequamur premia +sempiterna. Amen. + + + + +INDEX. + + +Abad y la Sierra, Inq.-genl., iv, 293, 294 + his resignation, i, 321 + proposes reform, iv, 393 + +Abenamir Brothers, case of, iii, 362 + +Abencerrages leave Spain, iii, 318 + +Abd-el-mumin persecutes Jews, i, 51 + +Abderrhaman II, his embassy to Otho the Great, i, 47 + +Abiatar Aben Crescas cures Juan II, i, 75 + +_Abito y cárcel_, ii, 411 + _penitencial_, iii, 163 + +Abjuration, _de levi_ and _de vehementi_, iii, 124 + formulas, iii, 124 + effects of, ii, 143; iii, 125, 126, 178 + with acquittal, iii, 106 + in sorcery, iv, 198 + for propositions, iv, 143 + in bigamy, iv, 319, 321 + +_Abogado de los presos_, ii, 250; iii, 45 + _fiscal_, ii, 250. + See also Advocate. + +Abolition of Inqn. suggested in 1704, ii, 176. + in 1798 and 1799, iv, 395, 397 + by Córtes in 1813, iv, 411 + decrees of, in 1820 and 1834, iv, 436, 467, 541, 543, 545 + +_Abonos_, iii, 63 + +Abravanel, Isaac, his financial services, i, 131 + +Absent, prosecution of the, ii, 466, 467; + iii, 80, 86 + effigies of, burnt, i, 183 + can return and claim trial, iii, 89 + disabilities of children of, iii, 176 + and dead, procurator for, iii, 50 + +Absence from duty, ii, 226 + +Absolution for occult heresy, ii, 20 + for formal heresy, ii, 23 + under indulgences, ii, 25 + revocation of, ii, 591 + dependent on denunciation, iv, 106, 108 + in solicitation, iv, 121, 126 + by accomplice in sin, iv, 95, 113 + papal letters of, ii, 104, 113, 590 + +Absolutism, development of, iv, 249, 473 + of Fernando VII, iv, 454 + +Abu Ishac, his satire, i, 51 + +Abu Jusuf, i, 54, 56 + +Abu-l-Haçan provokes war with Granada, i, 21 + +Abuses repressed by Ferdinand, i, 187 + in Barcelona, i, 529 + of commissioners, ii, 269 + in confiscation, ii, 346 + of fines and penances, ii, 397 + +Academy of History, its censorship, iii, 489 + +Accomplice, absolution of, by partner in sin, iv, 95, 113 + +Accomplices, their denunciation essential, ii, 460, 462, 577; iii, 199, 371 + torture to discover them, iii, 10, 11 + in witchcraft, iv, 213, 234 + of familiars, i, 445 + +Account of a receiver, i, 294; ii, 446 600 + +Accumulation of cases for autos, iii, 72, 77 + +_Accusatio_, ii, 479 + +Accusation, formula of, iii, 41 + to be presented within ten days, iii, 76, 78 + affects _limpieza_, ii, 311 + +Accused, protection of, in Aragon, ii, 466 + position of, in Inqn., ii, 482 + identification of, ii, 553 + his genealogy taken, iii, 38 + sworn to secrecy, ii, 473 + charges withheld from, iii, 39 + not allowed to select advocate, iii, 45, 52 + can always obtain audience, iii, 37 + his examinations, iii, 70 + examined as to property, ii, 321 + expenses thrown on him, ii, 494; iii, 35 + required to answer accusation, iii, 42 + his witnesses, ii, 539 + treatment of his evidence, ii, 543 + + kept in ignorance of sentence, iii, 94 + +Accuser, liability of, ii, 466 + sworn to secrecy, ii, 473 + +Acevedo, Abp., publishes papal decree, iii, 536 + +Acquittal, iii, 105 + decreasing number of, iii, 112 + honors paid in case of, ii, 561 + with abjuration, iii, 106 + with punishment, iii, 107 + +Activity, diminished in 18th century, iv, 388 + change in its objects, iv, 391 + political, iv, 248 + disappearance of feudalism, iv, 249 + trivial use by Ferdinand, iv, 251 + the Germanía, iv, 252 + case of Jeanne d'Albret, iv, 253 + of Antonio Pérez, iv, 254 + occasional cases, iv, 273 + in War of Succession, iv, 275 + used by Bourbons, iv, 276 + under the Restoration, iv, 277 + export of horses, iv, 278 + coinage, iv, 283 + +Acts of heretics invalid, ii, 325, 327 + +Acuña, Bp. of Zamora, case of, ii, 44 + +Adam, cult of, iv, 357 + +_Ad beneplacitum_, commissions, i, 176; ii, 161 + +_Adivinas_, iv, 180 + +Adjuration for mercy, iii, 184, 185, 188 + +_Ad perpetuam rei memoriam_, ii, 545 + +Adrian, Cardinal, made inq.-general, i, 181, 216 + restores Calcena and Aguirre, i, 215 + action in the case of Prat, i, 277 + powers of appointment, i, 298 + seeks to appoint successor, i, 303 + requires episcopal concurrence, ii, 14 + refers appeals to Manrique, ii, 121, 126 + case of Blanquina Díaz, ii, 122 + shares in confiscations, ii, 383 + prescribes kindness to prisoners, ii, 524 + seeks to relieve Moriscos, iii, 328 + suppresses Lutheran books, iii, 413, 421 + inaugurates censorship, iii, 481 + annexes Military Orders to crown, i, 34 + +Advocates allowed to accused, iii, 43 + papers furnished to, iii, 44, 48 + selection of, iii, 45, 52 + restrictions on, iii, 44, 48, 49 + their functions, iii, 47, 56, 69 + become officials, iii, 45 + ask places at autos, iii, 46 + +Affonso V on Jewish ostentation, i, 96 + +_Afrancesados_, iv, 400 + classed as Jansenists, iv, 297 + +Agde, Council of, on Jews, i, 39 + +Age requirements of officials, ii, 220, 233, 236, 279 + +Age of responsibility, ii, 3, 536 + minimum, for witnesses, ii, 536 + for confiscation, ii, 321 + for reconciliation, iii, 150, 206 + for prison, iii, 161 + for disabilities, iii, 174 + +Age, old, scourging in, iii, 137 + exempts from galleys, iii, 140 + no exemption from torture, iii, 13 + +Agent, Roman, of Inqn., ii, 110 + +_Agermanados_, iii, 346 + +_Agraviados_, iv, 456 + +Agriculture, burdens on, iv, 478 + +Agueda de Luna, case of, iv, 76 + +Aguilar, Inq.-genl., his death, ii, 172 + +Aguirre, dismissed and restored, i, 215 + shares in Seville composition, ii, 362 + +Ailly, Cardinal d', on Jews, i, 82 + +_Ajodadores_, iv, 180 + +Albarracin, conversion of Moors of, iii, 345 + +Albaycin, depopulation of, iii, 339 + +Alberghini, his definitions of propositions, iv, 139 + on witchcraft, iv, 240 + on suspicion, iii, 123 + +Alberoni, Card., i, 317, 318 + +Albertino, Arnaldo, his works, ii, 475 + on mercy to Jews, i, 144 + on Time of Mercy, ii, 461 + on _consulta de fe_, iii, 73 + on the Sabbat, iv, 211, 217 + on clerical marriage, iv, 337 + +Alberto, Miguel, his _Repertorium_, ii, 475 + +Albertus Magnus on coerced baptism, iii, 349 + +_Alboraycos_, i, 146 + +Albornoz, Carlos, ii, 220, 455 + +Albrecht of Austria as inq.-genl., iii, 265 + +Albret, Jeanne d', sends missionaries, iii, 450 + her prosecution, iv, 253 + +_Alcaide de las cárceles_, ii, 248 + his duties, ii, 515, 519 + +Alcaide of penitential prison, ii, 249 + +Alcalá, University of, admits Conversos, ii, 287 + MSS. of, burnt, iv, 530 + +_Alcaldes de Casa y Corte excommunicated_, i, 382 + +Alcántara, Pedro de, on observances, iv, 3 + +Alcaraz, Firmin de, iv, 92, 93 + +Alcaraz, Pedro Rúiz de, a mystic, iv, 8 + +Alcaraz, tribunal of, i, 541 + +_Alcavala_, iv, 479 + penitents exempt from, iii, 150, 155 + officials subject to, i, 377 + +Alexander II tolerates Jews, i, 88 + +Alexander III on Jewish synagogues, i, 81 + prescribes confiscation, ii, 316 + limits canonization, iv, 356 + +Alexander IV on disabilities of descendants, iii, 173 + on sorcery, iv, 184 + on usury, iv, 372 + +Alexander VI praises Torquemada, i, 174 + appoints four inqs.-genl., i, 178 + grants the penances to Ferdinand, i, 338 + rehabilitations, ii, 402 + patronage, ii, 416 + canonries to Inqn., ii, 423 + insists on episcopal concurrence, ii, 12 + reserves jurisdiction over bps., ii, 43, 44 + his treatment of appeals, ii, 113, 116 + his speculative Inqn., ii, 114 + allows laymen as inqrs., ii, 234 + excludes Conversos, ii, 286 + authorizes galley-service, iii, 140 + charges bishops with censorship, iii, 480 + +Alexander VII, his jubilee indulgence, ii, 26 + confirms subjection of regulars, ii, 37 + on Villanueva's case, ii, 157 + objects to fines, ii, 400 + opposes relief of New Christians, iii, 284 + on absolution in solicitation, iv, 113 + condemns Jansenism, iv, 287 + on Immaculate Conception, iv, 369 + +Alexander VIII persecutes Pelagini, iv, 46 + attacks Molinos, iv, 54 + persecutes mystics, iv, 60 + See also Ottoboni. + +Alexandria, expulsion of Jews from, i, 38 + captured by Muladíes, i, 49 + +Alfonso VI deports Mozárabes, i, 47 + takes refuge with Moors, i, 53 + his policy with Moors, i, 58 + with Mudéjares, i, 61 + +Alfonso el Batallador, i, 48 + +Alfonso X limits spiritual courts, i, 15 + is aided by Moors, i, 54 + descriminates against Jews, i, 61 + patronizes Jews, i, 89, 99 + on trade with Moors, i, 56 + burning for renegades, iii, 183 + on sorcery, iv, 180 + +Alfonso XI restores order, i, 3 + loses Gibraltar, i, 54 + policy with Jews, i, 95, 100 + claims half of confiscations, ii, 316 + +Alfonso VI (Aragon) expels Jews from Barcelona, i, 110 + +Alfonso of Aragon made Archbp. of Saragossa, i, 13 + +Alguazil, his position and functions, ii, 245 + pays prison expenses, ii, 210, 259 + +Alguaziles of commissioners, ii, 270 + of Moriscos, their exactions, iii, 370 + +_Alguazil mayor_, ii, 246 + +Alguazilships, sale of, ii, 213 + +_Alhondiga_, i, 388 + +Aliaga, Amador de, his defalcation, ii, 452 + opposes grants from confiscations, ii, 383 + +Aliaga, inq.-genl., forced into Suprema, i, 323 + his resignation, i, 307 + +Aliaga, Abp., tries cases of solicitation, iv, 102, 104 + +Alicante, failure of Christians in, i, 67 + _visitas de navíos_, iii, 314, 519 + +Alienation of property by heretics, ii, 324, 339 + +Aljafería assigned to the Inqn., i, 255 + shops opened in, i, 389 + attacked to rescue Ant. Pérez, iv, 259 + tribunal ejected, ii, 441 + +Aljamas responsible for fines, ii, 395 + +Allende, Fr. Lucas de, case of, ii, 532; iii, 96 + +Allegiance, renunciation of, i, 1 + Aragonese oath of, i, 229 + +Allowance to prisoners, ii, 531 + to families of prisoners, ii, 500 + +Almaden, service in, as penance, iii, 145 + +Almagro, Moriscos of, iii, 330 + +Almanzor aided by Christians, i, 53 + +Almenara, Count of, iv, 256, 259 + +Almería, its prosperity under Moors, i, 67 + quarrel over its precentorship, ii, 425 + +_Almirantazgo_, iii, 510 + +Almohades, their fanaticism, i, 48, 51 + +_Almojarife_, i, 74, 98 + +Almoravides, their invasion, i, 47 + +Alms as pecuniary penance, ii, 320, 389 + +Alonso de la Fuente attacks Luis de Granada, iv, 17 + assails Jesuit mystics, iv, 19 + +Altamira, Margarita, case of, ii, 187, 497; iii, 67, 137 + +Alum, cargoes of, confiscated, iii, 463 + +_Alumbrados_ appear in Spain, iv, 6 + of Llerena, iv, 23 + errors ascribed to, iv, 24 + cases, ii, 135; iii, 62 + +_Alumbrado y solicitante_, iv, 118, 121 + +_Alumbramiento_, iv, 4 + +Alvarado, his _Cartas del Filósofo Rancio_, iv, 405 + on calificadores, ii, 264 + on solicitation, iv, 135 + on witchcraft, iv, 242 + on political use of Inqn., iv, 277 + on philosophers, iv, 314 + +Alvárez, Hernando, iv, 20, 21, 23 + +Alva, Duke of, interferes with Inqn., i, 186 + +Alzaibar, Manuel, his _Triple Alianza_, iv, 408 + +Ambrose, St., on Jews, i, 37 + +_Amin_, i, 593; ii, 566 + +Amnesty, decree of 1824, iv, 451 + and pardon of 1832, iv, 464 + +Amort, Dr., on revelations, iv, 5 + +Amusquibar quarrels with abp., ii, 17 + +Anarchy, virtual, of Castile, i, 4 + in 17th century, iv, 511 + +Ana of Austria, her obsequies, i, 362 + +Anathema in quarrels with spiritual courts, i, 494 + in Edict of Faith, ii, 95 + +Ancona, Jews invited to, iii, 254 + +Anchias, Juan de, his Libro Verde, i, 260; ii, 298 + as informer, ii, 324 + +Andalusia, persecution of Conversos, i, 129 + expulsion of Jews, i, 131 + of Moriscos, iii, 398 + effect of Inqn. in, ii, 103 + English merchants in, iii, 467 + +Andorra, subject to Barcelona, i, 543; iii, 460 + +Andujar, decree of, iv, 448 + +_Angel Exterminador_, iv, 456 + +Angelo da Chivasso on the Sabbat, iv, 209 + +Anger as extenuation, iii, 63 + +Anglican Catechism in Spain, iii, 451 + +Angoulême, Duc d', iv, 447, 448, 450 + +Antequera, capture of, i, 4, 65 + quarrel over canonry, i, 342, 348 + +Antist, Inqr., besieged, i, 466 + +Antagonism, racial, i, 75, 81, 121, 126 + +Antonino, St., on the Sabbat, iv, 209 + +Antwerp, torture in, iii, 3 + +_Anusim_--unwilling Christians, i, 146 + +Apartments, autos held in, iii, 221 + +_Aplacería_, ii, 508 + +Apollinaris, Sidonius, on Jews, i, 39 + +Apostate Jews, their bitterness, i, 113 + +Appeals, devolutionary and suspensive, ii, 187 + +Appeals from sentence of torture, iii, 6 + in secular cases, i, 509 + to inq.-genl. become obsolete, ii, 187 + to king, how smothered, ii, 26 + none from Inqn., i, 341, 356, 437 + referred to bps., ii, 108, 110, 112, 113, 116 + to Suprema, i, 271; ii, 164; iii, 95 + +Appeals to Rome, ii, 103 + Villanueva's case, ii, 145 + forbidden by Philip III, i, 494, 496 + about canonries, ii, 422 + +_Appel comme d'abus_, i, 341 + +Appellate jurisdiction renounced, ii, 126, 128, 129 + +Appointees, temporary, ii, 220 + +Appointments reserved to the crown, i, 158, 290, 300, 302; ii, 237 + made by inq.-genl., i, 177, 302; ii, 161, 167 + shared by Suprema, i, 298 + sale of, ii, 212 + nepotism in, ii, 219 + +_Aquelarre_, iv, 220 + +Aquinas on consultation of demons, ii, 173 + on coerced baptism, iii, 349 + on trances, iv, 4 + on Immaculate Conception, iv, 359 + +Arabic, its use prohibited, iii, 332, 335, 340 + writers on magic, iv, 180 + +Aragon, the Hermandad in, i, 31 + rates of interest in, i, 97 + popular liberties in, i, 229 + Court of the Justicia, i, 450 + liberties curtailed in 1592, iv, 270 + clerics liable to taxes, i, 375 + export of wheat, i, 385 + of horses, iv, 279 + right of asylum, i, 422, 424 + coinage, i, 565 + protection of accused, ii, 466 + rules as to witnesses, ii, 536, 559 + torture not used, iii, 2 + trials _in absentia_, iii, 81 + galley-service forbidden, iii, 139 + the _sanbenito_ unknown, iii, 162 + usurers not prosecuted, iv, 372 + massacre of 1391, i, 108, 112 + oppression of Jews, i, 117 + early tribunals in, ii, 206 + separate Inqn. for, i, 180 + its Suprema, ii, 164 + Torquemada appointed, i, 236, 238 + opposition to Inqn., i, 245 + effect of murder of Arbués, i, 252 + fate of New Christians, i, 259 + contest over Concordia of 1519, i, 277 + repetition of complaints, i, 285 + special oppression, i, 439 + Concordia of 1568, i, 454 + conflicts of jurisdiction, i, 452 + reforms evaded in 1626, i, 455 + privileges compared with Castile, i, 453, 458, 459 + Córtes of 1645-6, i, 458, 460, 619 + number of familiars reduced, i, 462 + troubles over familiars, ii, 274 + tribunal impoverished, i, 463 + agreement not to appeal to Rome, ii, 118 + voluntary conversion of Moors, iii, 344 + conversion of Moors enforced, iii, 354, 356 + position of Moriscos, iii, 342 + their disarmament, iii, 379 + their expulsion, ii, 486; iii, 401 + extensive confiscations, i, 256 + grievances of confiscation, ii, 327 + confiscations taxed, ii, 352 + composition for confiscation, ii, 354 + penance replaces confiscation, ii, 395 + Inqn. depends on confiscation, ii, 434 + Morisco confiscations, iii, 359 + carrying arms at night, i, 408 + number of officials in tribunal, ii, 211 + absence of Judaism, iii, 309 + sorcery, iv, 182, 184 + affair of Antonio Pérez, iv, 256 + bigamy punished, iv, 316 + jurisdiction over blasphemy, iv, 328 + unnatural crime, iv, 363, 366 + Council of, on familiars, i, 447 + +Aragon, Antonio de, forced on Suprema, i, 324 + his report on Catalonia, i, 477 + +_Arancel_, or fee-bill, ii, 252 + +Aranda, Bp. of Calahorra, case of, ii, 43 + +Aranda, Council of, i, 10, 123 + +Aranda, Count of, iv, 261, 264, 265, 266, 390 + +Aranjuez, Tumult of, iv, 390, 399 + +Arbués, Pedro, i, 244, 249, 251, 252, 255 + punishment of his assassins, i, 256 + +_Arca de tres llaves_, ii, 231, 450, 452 + +Arce y Reynoso, Diego de, his salary as professor, ii, 252 + submits nominations to king, i, 301 + resigns see of Plasencia, i, 310; ii, 154 + evades the _media añata_, i, 378 + strives for independence, i, 489 + suppresses Madrid tribunal, i, 545 + reopens case of San Placido, ii, 138 + admits that appeals lie to Rome, ii, 149 + prohibits sale of offices, ii, 215 + case of Luisa de Carrion, iv, 38 + permits cult of fictitious saints, iv, 358 + +Arce y Reynoso, Ramon de, his resignation, i, 321 + joins the French, iv, 401 + +Archbishops, visits not to be paid to, i, 358 + +Archives of the Inquisition, i, 159 + +Ares Fonseca, his memorial, iii, 279 + +Arévalo, Pragmática of, i, 121, 123 + +Argüelles, Fray, consults demons, ii, 171 + +Arguello, his collection of instructions, i, 182 + +Arguments of advocates, iii, 69 + +Arians, their toleration of Jews, i, 38 + +Arias, Abp., arrested and exiled, iv, 440 + his _junta de fe_, iv, 460 + +Arias, García, case of, iii, 427, 429 + +Arjona, inquisitorial proceedings, i, 212; ii, 555 + +Arm nailed to cross as punishment, iii, 133 + +_Armas alevosas_, i, 402 + +Arms, right to carry, i, 270, 401; ii, 272 + forbidden to Moriscos, iii, 323, 332 + +Army of the Faith, iv, 443 + +Army, Inqn. of, i, 541 + conflicting jurisdiction, i, 504 + +Arnaud of Narbonne, his intolerance, i, 59 + +Arquebuses, flint-lock, prohibited, i, 404 + +Arquer, Sigismondo, case of, iii, 453 + +Arrese, Juan de, tries Luis de Leon, iv, 160 + suppresses astrology, iv, 193 + +Arrest by Inqn., complaint of, i, 185 + power of, i, 186, 241, 357; ii, 179 + its preliminaries, ii, 486 + arbitrary, ii, 491 + proof required for, ii, 490 + without proof, ii, 493; iii, 232 + without jurisdiction, iv, 364 + segregation of prisoner, ii, 493 + sequestration, ii, 496 + money seized for expenses, ii, 494 + supervised by Suprema, ii, 184 + abuses, ii, 492 + infamy caused by, ii, 311, 490, 492 + +Arrogance towards royal judges, i, 519 + towards spiritual courts, i, 494 + +_Ars Notoria_, ii, 142; iv, 185 + +Art, censorship of, iii, 546 + +Arts, mechanic, habilitated, iv, 487 + occult, iv, 179 + +_Asalariados_, i, 376 + +Ashes of culprit scattered, iii, 220 + +_Aspa de San Andrés_, iii, 163 + +Assassination of Arbués, i, 251 + +Assassins of Arbués, their punishment, i, 256 + their sanbenitos, i, 258 + +Assembly of experts, ii, 265; iii, 72 + +Assent of Suprema to royal decrees required, i, 325 + +Assessments in compositions, ii, 359 + +Assessor, the, ii, 232 + as judge of confiscations, ii, 350 + +Assumpçao, Fray Diogo de, iii, 293 + +Astesanus on sorcery, iv, 181 + +Astrology, prosecution for, ii, 140 + punishment of, iv, 194 + taught at Córdova, iv, 180 + condemned by Sixtus V, iv, 189 + suppressed in Salamanca, iv, 193 + +Asylum afforded by Inqn., i, 421, 455, 460 + +Atheism, punishment of, iv, 307 + +Auction on arrest of accused, ii, 494, 500 + of confiscated property, ii, 363 + sale of offices at, ii, 214 + prebends farmed out at, ii, 430 + +_Auctorem Fidei_, bull, iv, 286, 293, 295 + +Audience-chamber, the, ii, 231, 541, 554 + sentence read in, iii, 96, 180 + +Audience granted when asked for, iii, 37 + delay in granting, iii, 78 + at the auto de fe, ii, 586 + +_Audiencia de cárcel_, ii, 467, 471 + _de cargos_, iii, 40 + _de hacienda_, ii, 321, 497 + _de preguntas_, iii, 71 + +Audiencia of Seville, its injustice, ii, 468 + +Auditor-general, his duties, ii, 366 + +Auditors of receivers' accounts, ii, 447 + +Auditorship, price of, ii, 214 + +Augustin, St., on marriage with Jews, i, 37 + +Augustinians exempted from Inqn., ii, 31 + attacked by Jesuits, iv, 288 + +Authors, classification of, iii, 500 + defence allowed to, iii, 541 + +Authorship, discouragement of, iii, 549 + +Authorities must be present at autos, iii, 211 + +_Autillo_, iii, 220 + +Auto de fe, the, iii, 209 + +_Auto particular_, iii, 210, 220 + +_Auto publico general_, iii, 209 + its discontinuance, iii, 222 + preparations for, iii, 214 + public, as spectacle, iii, 211, 227 + the procession, iii, 217 + sentences read in, iii, 93 + confession during, iii, 191 + audience at, ii, 586 + oath taken by kings, i, 353 + the first at Seville, i, 163 + centralized in tribunal cities, iii, 210 + in Saragossa, i, 592 + +Auto controlled by Suprema, iii, 211 + reports required of, ii, 183 + cases accumulated for, iii, 72, 77 + unattractive without burning, iv, 526 + in Rome in 1498, ii, 114 + +Auto-suggestion in witchcraft, iv, 208, 221, 238 + +_Autos sacramentales of Suprema_, ii, 195, 198 + +Autocracy, growth of, iv, 250 + limited by bureaucracy, i, 346, 418 + +Avellaneda on witchcraft, iv, 214 + +Avignon, slaughter of witches, iv, 242 + +Avila, conversion of Moors, iii, 325 + tribunal of, i, 171, 542 + +Avila, Bp. of, appeals referred to, ii, 113 + +_Avisos de cárceles_, ii, 515 + +Avora, Gonzalo de, on Lucero, i, 195 + +Ayala, Abp., his edict of faith, ii, 8 + seeks to instruct Moriscos, iii, 367, 375 + +Ayerbe, Francisco de, iv, 263, 271 + +Aymar, Juan, his visitation of Gerona, ii, 239 + +_Ayuda de costa_, i, 294 + its development, ii, 253 + subjected to king, i, 336 + restricted by Philip V, ii, 223 + conditioned on reports, ii, 183 + on visitations, ii, 240 + paid from fines and penances, ii, 254 + +Azanza, Miguel de, his Masonry, iv, 303 + +Azevedo, Inq.-genl., his death, i, 307 + +_Azofras_, iii, 376 + +Azpilcueta is advocate of Carranza, ii, 71 + on denial of sacraments, ii, 520 + on sinful prayer, iv, 16 + on the Sabbat, iv, 220 + on profanation of churches, iv, 5O3 + + +Badajoz, conversion of Moors, iii, 326 + mystics of, iv, 20 + +Badges imposed on Jews and Moors, i, 68, 115 + of Inquisition, ii, 284 + +Badía, Juan de la, plots to kill Arbués, i, 251, 257, 602 + +_Bagages_, i, 395 + +Bahia, New Christians in, iii, 279 + +Bail, admission to, ii, 507; iii, 111 + +Baius, Michael, his errors, iv, 284 + +Baker, Anthony, case of, iii, 437 + +Bakery, troubles over, i, 388, 391 + +Balaguer, tribunal of, i, 542 + +_Baldíos_, iv, 309, 482 + +Balearic Isles, i, 266 + +_Balestilla_, iii, 23 + +Ballads of the Cid, i, 1 + Moors in the, i, 52 + +Balmaseda, Jews expelled from, i, 125 + +Balmés, his opinion of Carranza, ii, 85 + +Banch Reyal of Catalonia, i, 465, 472 + +Bandits as familiars, i, 453 + +Banishment, iii, 126 + +Bankruptcy of familiars, i, 445 + cases, treatment of, i, 453 + +_Banquillo_, iii, 20 + +Baptism necessary to heresy, ii, 3; iii, 69 + torture to ascertain, iii, 34 + forcible, doctrine of, i, 41, 93, 294; iii, 348 + of children of Conversos, i, 146 + of Valencian Moors, iii, 346, 355 + of Morisco children, iii, 380 + manumits slaves, i, 57 + of coins, iv, 199 + +Bar, Catherine of, her missionary project, iii, 451 + +Barbarj, Filippo de, his influence, i, 155 + +Barbary, conveying arms to, iii, 104 + +Barbastro, tribunal of, i, 543 + +Barber of tribunal, ii, 249 + +Barbers' busts, censorship of, iii, 547 + +Barcelona, massacre of 1391, i, 108 + its aljama destroyed, i, 110 + admits tribunal, i, 263 + disrepute of tribunal, i, 187, 467, 468, 481 + visitations, i, 369, 528 + abuses of commissioners, ii, 268 + of fines and penances, ii, 393, 397, 399 + punishes _espontaneados_, ii, 571 + prosecutes for exporting horses, iv, 282 + confusion of its records, ii, 258 + negligence as to limpieza, ii, 295 + conviction on one witness, ii, 562 + its finances, ii, 434, 437, 439, 441 + its condition in 1632, i, 417 + quarrels over its canonries, ii, 430 + its perpetual prison, iii, 153, 157 + fuero of servants vindicated, i, 433 + severity to Frenchmen, iii, 459 + case of billeting troops, i, 396 + removal of _sanbenitos_, iii, 165 + humiliation of royal judges, i, 518 + deportation of Inq. Muñoz, i, 482 + _visitas de navíos_, iii, 314, 518 + tribunal argues away Concordias, i, 472 + right of asylum, i, 423, 424 + witch cases in, iv, 217, 224 + acquittals in, iii, 106 + operations of Inqn. in, iv, 521 + the Inqn. invaded in 1567, i, 469 + inqrs. banished in 1611, i, 473 + rising of 1640, i, 476 + tribunal during rebellion, i, 476 + inqrs. during rebellion, i, 477 + tribunal re-established, i, 480 + during War of Succession, i, 483 + Inqn. sacked in 1820, iv, 435 + +Barcena, Antonio de, i, 211, 212 + +Barnuevo, Dr., on Spanish intolerance, iv, 505 + +Baronius, his Annals, iii, 534 + +Barons, oath of, i, 351 + ineligible as familiars, ii, 281 + +Barre, Chev. de la, case of, iii, 100 + +Barroeta, Abp., his quarrel with inqrs., ii, 17 + +Basante, Juan de, iv, 258, 262 + +Basin, Bernardo, on pact with demon, iv, 185 + on the Sabbat, iv, 210 + +Basle, Council of, its oppression of Jews, i, 119 + +Bastida, Francisco de la, iv, 346 + +Baths, prohibition of, iii, 332, 335 + +Bayonne, Constitution of, iv, 400 + +Beaurains, his grant on Seville composition, ii, 362 + +Bearing arms, i, 401 + +Béarn, export of horses to, iv, 280 + +Beas, Judaizers of, iii, 90, 298 + +Beata de Piedrahita, iv, 6 + +Beata de Cuenca, iv, 90 + +Beata Clara, iv, 91 + +_Beatas_, the, iv, 6 + _revelanderas_, iv, 25, 81, 83 + +Beccarellisti, iv, 61 + +_Becerro, libros de_, ii, 307 + +Bedding of the relapsed confiscated, ii, 337 + +Beds supplied to prisoners, ii, 528 + +Begghards and Beguines, iv, 2 + +Belando, his History condemned, i, 316 + +Bell' Uomo, Gottardo, iv, 51 + +Belmonte, suppression of canonry, ii, 428 + +Beltran, Beatriz, her compurgation, iii, 114 + +Beltran, Felipe, his commission, i, 303, 612 + suppression of _sanbenitos_, iii, 170 + +Beltraneja, La, i, 19 + +Benalcázar, Count of, impedes the Inqn., i, 186 + +Ben-Astruch disputes with Christiá, i, 91 + +Benavente, Count of, his insolence, i, 8 + +Bène, Amaury of, iv, 2 + +Benedict XII, his tax-roll, iv, 340 + +Benedict XIII entertains appeal from Spain, ii, 160 + +Benedict XIV on episcopal jurisdiction, ii, 10 + +Benedict XIV on use of vernacular Bible, iii, 529 + limits censorship, iii, 541 + condemns the _Mística Ciudad_, iv, 41 + on solicitation, iv, 112, 113 + on witchcraft, iv, 245 + defends Card. Noris, iv, 289 + condemns Masonry, iv, 300 + his grant to Philip V, iv, 494 + +Benedict XIII (antipope) on the Jews, i, 118 + +Benefit of clergy, i, 427 + +Benefices, ii, 319, 415, 418, 440; iii, 176 + +_Beneplacitum_ commissions, i, 176 + +Beni-Cassi supreme in Aragon, i, 50 + +Benet, Jaime, on coerced baptisms, iii, 351 + +Bequest, pious, seized, ii, 337 + claims of Religious Orders for, iv, 488 + +Berin, Judaizers of, iii, 300 + +Bernabeu, Antonio, case of, iv, 437 + on effect of denunciation, iv, 138 + +Bernal, Juan, an Alumbrado, iv, 23 + +Bernáldez on Judaism of New Christians, i, 151 + account of the expulsion, i, 139 + his statistics, iv, 519 + his persecuting zeal, iv, 525 + +Bernat, Hugues, case of, iii, 449 + +Bernières-Louvigny, his Quietism, iv, 63 + +Berri, Jean de, case of, ii, 129 + +Berrocosa, Fray, case of, iii, 456 + +Berwick and Alva, Duke of, is alguazil mayor, iv, 431 + +Betrothal leads to bigamy, iv, 317 + +Bewitchment of Carlos II, ii, 171 + +Béziers, Council of, on disabilities of descendants, iii, 173 + +Bibles, Hebrew, burnt, iii, 480 + list of prohibited, iii, 485 + censorship of, iii, 527 + vernacular, iii, 528, 529, 575 + +_Bibliothèque Janseniste_, iv, 289, 290 + +Bigamy, cognizance of, forbidden, i, 271 + secular punishments, iv, 316 + Inqn. assumes jurisdiction, iv, 317 + spiritual punishment, iv, 318 + competencias with civil courts, iv, 319 + punishment by Inqn., iv, 321 + is _mixti fori_, iv, 323 + jurisdiction limited, iv, 324 + resumed under Restoration, iv, 326 + number of cases, iv, 327 + stimulates false-witness, ii, 559 + +Bigamists, their cases not _calificado_, ii, 488 + +Bilbao, quarrel over _visitas de navíos_, iii, 513 + +Billeting of troops, i, 394 + +Bisbal, la, Count of, iv, 434, 435 + +Biscay admits the Hermandad, i, 31 + composition for, ii, 356 + protection of accused, ii, 466 + _visitas de navíos_, iii, 515 + witchcraft in, iv, 211, 215 + +Bishops, their character, i, 8; iv, 497 + dispute over their appointment, i, 13 + of Jewish extraction not admitted, ii, 12 + their jurisdiction, i, 153; ii, 5 + over heresy, ii, 19; iv, 411 + over witchcraft, iv, 242 + over bigamy, iv, 318, 320 + their concurrent jurisdiction, i, 230; ii, 6-12; iii, 71 + appointment of delegates, ii, 17 + their _juntas de fe_, iv, 460 + quarrels with inqrs., i, 620 + struggle for precedence, i, 358, 361 + their exemption from the Inqn., i, 147, 159, 501; + ii, 41, 45, 73, 87; iii, 423 + their censorship, iii, 480, 544 + allowed to grant dispensations, iv, 396 + officiate in degradation, iii, 182 + ordered to instruct Moriscos, iii, 367 + protest against suppression of Inqn., iv, 414 + their persecution, in 1820-3, iv, 440 + +Black Death, massacres caused by, i, 101 + +Blackstone, Sir. Wm., on witches, iv, 247 + +_Blanca_, coin, i, 562 + +Blanco, Dr., case of, iii, 427, 429 + +Blanco, Pedro Luis, his reply to Grégoire, iv, 397 + +Blank papal letters of exemption, ii, 110 + pages, rebuke for, ii, 190 + +Blasphemy, cognizance of, forbidden, i, 271 + heretical and non-heretical, iv, 328 + definitions, iv, 331 + cumulative jurisdiction, iv, 333 + punishment, iii, 134; iv, 334 + number of cases, iv, 335 + used in trial of Ant. Pérez, iv, 258 + +Blau, Jaime, his fine, ii, 398 + +Bleda, Fray, his _Defensio Fidei_, iii, 388 + on wealth of Inqn., ii, 437 + on number of clergy, iv, 490 + +Blood of Arbués, its liquefaction, i, 251 + judgements of, i, 367; iii, 184, 188, 223 + +Bobadilla, his _Tizon de la nobleza_, ii, 298 + +Bodies, briefs for secret burning of, i, 296 + +Bohorques, Juana de, iii, 446 + +Bohorques, María de, iii, 443 + +Bolgeni on Jansenism, iv, 286 + +_Bolsa_, i, 415 + +Bona, Bartolommeo, iv, 47, 48 + +Bonaventura, St., on danger of mysticism, iv, 9 + +Bonds required of receivers, ii, 446 + +Boniface VIII, his bull _Clericis laicos_, i, 375 + exempts bps. from Inqn., ii, 41 + suppression of witnesses' names, ii, 548 + disabilities of descendants, iii, 173 + coerced baptism, iii, 348 + +Bonifaz, Inq.-genl., banished from court, i, 321; iii, 540 + removes Card. Noris from Index, iv, 291 + +Bonifaza, case of convent of, ii, 348 + +Books submitted to censors, ii, 263 + official revisors of, iii, 501 + Lutheran, sent to Spain, iii, 421 + in English prohibited, iii, 523 + lascivious, in Index, iii, 545 + all new ones seized, iii, 504 + fate of those seized, iii, 509 + edict prohibiting, iii, 573 + penalties for disregarding it, iii, 482, 488, 525 + importation of, iii, 489, 505, 506, 508, 510, 512, 517 + exports of, supervised, iii, 507 + in transit examined, iii, 508 + expurgation of, iii, 492, 494, 497, 498 + allowed to prisoners, iv, 157 + +Booksellers, regulations for, iii, 501 + prosecutions of, iii, 499, 525 + +Book-shops, search of, iii, 482, 486, 487 489, 495, 498, 501, 502 + +Book-trade, foreign, passes through Suprema, iii, 506 + domestic, supervision of, iii, 507 + +Borja, Card., interferes with Valencia tribunal, i, 230, 240 + +Borja, Cæsar, prosecution of, iv, 252 + +Borja, St. Francisco de, his books condemned, iii, 530; iv, 16 + +Borja, Galceran de, case of, iv, 370 + +Borri, Fran. Gius., iv, 44 + +Borromeo, S. Carlo, his pension on Toledo, ii, 70 + introduces confessional, iv, 96 + burns witches, iv, 242 + +Bossuet, his quarrel with Fénelon, iv, 64 + +_Bostezo_, iii, 19 + +Bouillon, Card. de, defends Fénelon, iv, 66 + +Bourbons, restraint of Inqn. under-- + control of finances and confiscations, i, 336 + inquisitorial arrogance, i, 348 + case of Canary tribunal, i, 349 + questions of precedence, i, 364 + enforcement of police rules, i, 365 + tax of salaried officials, i, 383 + salt-privilege in Valencia, i, 394 + billeting of troops, i, 399 + carrying of arms, i, 411 + exemption from military service, i, 415 + conflicts of jurisdiction, i, 514 + appeals to Rome, ii, 159 + rivalry of Suprema and inq.-genl., ii, 178 + restriction of jubilation and ayudas de costa, ii, 223 + financial exactions, ii, 440 + restrictions on censorship, iii, 540 + jurisdiction over bigamy, iv, 323 + political use of Inqn., iv, 275 + +Bourmont, Gen., saves Liberals, iv, 450 + +Bourignon, Antoinette, her Quietism, iv, 63 + +Box for sentences, iii, 215 + +_Brasero_, see _Quemadero_. + +Bravonel the Moor, i, 52 + +Brazil, no tribunal there, iii, 261 + New Christians in, iii, 272, 279 + +Bread-knife, mode of holding, ii, 567 + +Breakfast at autos, iii, 217 + +Breviary prohibited, iii, 531 + +Brianda de Bardaxí, her penance, ii, 390 + +Bribery in cases of _limpieza_, ii, 304 + of prison officials, ii, 520 + of executioner, iii, 32 + in witchcraft accusations, iv, 233 + +Bricklayer reckoned as official, ii, 211 + +Bridle and pannier as penance, iii, 133 + +Briefs, papal, for private reconciliation, i, 296 + penalty for using, ii, 110 + +Brothers, transfer of offices to, ii, 220, 221 + +Brunon de Vertiz, case of, iii, 40 + delays in his trial, iii, 79 + +Buchanan, George, his prosecution, iii, 263 + +_Buen confitentes_ sent to galleys, iii, 143 + +Buendias, the, their hardships, ii, 355 + +Bugia, Conversos to be seized in, i, 185 + +Buildings for tribunals, ii, 206 + +_Bulario de la Orden de Santiago_, i, 159 + +Bull-fights, perquisites of, ii, 197, 198 + school for, iv, 453 + +Bureaucracy undermines autocracy, i, 346, 418 + +Burgos, complaint of Jews of, i, 89 + tribunal of, i, 543 + +Burgos, Javier de, his memorial, iv, 453 + +Burgundian influence, iv, 475, 477 + +Burial rite, Jewish, ii, 566 + secret, of prisoners, ii, 521, 522 + +Burning of heretics, iii, 183; iv, 406 + the sentence to, iii, 185, 219, 220, 225 + of effigies, iii, 81 + for false-witness, ii, 557 + for relapse, iii, 204 + for unnatural crime, iv, 361, 367, 368 + its popular attractiveness, iv, 526 + statistics of, iv, 517 + alive for pertinacity, iii, 197 + for _negativos_, iii, 198 + infrequency of, iii, 193, 194 + +Burton, Nicholas, case of, iii, 446 + +Butcher is a titular official, i, 491 + +Butchers of San Sebastian, i, 34 + Morisco, iii, 381 + +Butcher-shops of Inqn., i, 389, 392 + + +Caballería, Jaime de la, i, 295 + Pedro de la, i, 115 + +Caballero, Francisca de Paula, iv, 80 + +Cabarrús, Count, his letters, iv, 314 + +Cabezon, Declaration of, i, 19 + +Cabra, Count of, resists assessments, ii, 360 + +_Caciquismo_, iv, 473 + +Cadets, limpieza required for, ii, 312 + +Cádiz, tribunal of, i, 543 + _visitas de navíos_, iii, 315, 518, 520 + composition of, ii, 357 + Córtes convoked at, iv, 403 + Córtes of, their Jansenism, iv, 297 + contest with Chapter, iv, 414 + massacre in 1820, iv, 435 + as refuge in 1823, iv, 446 + +Cæsarius of Heisterbach on Jews, i, 82 + +Cag de la Maleha as almojarife, i, 99 + +Cagliostro founds the lodge España, iv, 303 + condemned for Masonry, iv, 300 + +Caietano on exclusion of New Christians, ii, 289 + +Caladui, battle of, iii, 323 + +Calahorra, tribunal of, i, 543 + cost of prisoner's food, ii, 532 + +Calatayud, Aljama of, fined, i, 94 + tribunal of, i, 544 + +Calatrava, Order of, attacks New Christians, i, 126 + +Calcena, Ferdinand's secretary, i, 193 + his influence, i, 210 + dismissed and restored, i, 215 + his gains from confiscations, ii, 362, 372 + ignores and enforces heretic debts, ii, 329 + +Caldera, his _Mística Teología_, iv, 29 + +Calderon, Francisco Garcia, case of, ii, 134 + +_Calidad de oficio_, ii, 485, 488 + +_Calificacion_, ii, 486 + its process, ii, 487 + after arrest, ii, 492 + becomes obsolete, ii, 488 + +_Calificadores_, ii, 216, 263, 486, 488 + +Calomarde, his disgrace, iv, 463 + +Camargo, Juan de, enforces subjection of regulars, ii, 37 + +Camarilla, power of, iv, 451 + +_Caminos de herradura_, iv, 480 + +Campillo, José de, ii, 100 + +Campo, Elvira de, her case, ii, 489 + her torture, iii, 24 + +Canals, iv, 480 + +Canaries, tribunal of, i, 544 + excesses, i, 348; ii, 527 + Englishmen subject to the Index, iii 467 + foreign sailors, iii, 462 + quarrel over canonry, i, 342, 348 + inspection of, ii, 229 + receipts from, in 1824, iv, 460 + relaxations in, iv, 524 + +Candia captured by Muladíes, i, 49 + +Candles, lighting of, on Friday, ii, 566 + for penitents, iii, 215 + +Cangas, demoniacs of, ii, 170 + +Cano, Melchor, his _parecer_, ii, 51; iii, 533 + relations with Carranza, ii, 56, 62, 63 + on Jesuit mysticism, iv, 18 + +Canonical purgation, iii, 114 + +Canonization of Arbués, i, 252 + of saints, iv, 355 + +Canonries granted to officials, ii, 416 + doctoral and magistral, ii, 421 + suppressed for Inqn., ii, 423, 426, 429 + for Inqn. of Portugal, iii, 266 + their revenues, ii, 430, 443 + +Canons as commissioners, ii, 422 + of Majorca obtain papal brief, i, 498 + +Canopies, Inqn. deprived of, i, 364 + +_Cantadores_, iv, 180 + +Canticles, Luis de Leon's version of, iv, 152 + +Canto, Miguel, his pamphlet, iv, 442 + +Caone, Hilario, case of, iv, 130 + +_Capellanías_, foundation of, iv, 488 + +Cappa, Ricardo, on pact with demon, iv, 205 + +Capodiferro, nuncio, iii, 242, 243 + +Captives, redemption of, ii, 411 + +Caraccioli, Card., on Quietism, iv, 53 + +Caraffa, Card., speculates on Jews, iii, 254 + +Carbonell, Pere Miguel, his statistics, iv, 521 + +_Cárcel y abito_, ii, 411; iii, 163 + +_Cárcel de familiares_, ii, 508 + +_Carcelero_, ii, 247 + +_Cárceles medias_, _comunes_, _públicas_, ii, 508 + +_Cárceles secretas_, ii, 230, 471, 507 + preferable to other gaols, ii, 509 + terror inspired by, ii, 511 + +Cardona, Duke of, banishes Inqn., i, 475 + +Cardona, Folch de, + resists arrest of Admiral of Castile, ii, 172 + resists Inq.-genl. Mendoza, ii, 175, 177 + +Cargoes, seizure of, ii, 338, 497 + +Carlists prepare for Fernando's death, iv, 466 + +Carlos, Don, case of, iv, 253 + +Carlos, Don, head of ultra royalists, iv, 456 + his prospects of succession, iv, 462 + insists on his claims, iv, 463 + is sent to Portugal, iv, 465 + +Carlos II claims confiscations, i, 335 + increased power of Inqn., i, 347 + rejects appeal of Suprema, i, 464 + forbids pistols, i, 411 + rebuffed by Majorca clergy, i, 504 + seeks to check abuses, i, 511; ii, 215, 222, 234, 413 + his character, ii, 169 + his bewitchment, ii, 170 + abandons Froilan Díaz, ii, 173 + requires inqrs. to be lawyers, ii, 235 + his oath at auto, iii, 218 + orders search for Huguenots, iii, 471 + persecutes Jansenists, iv, 287 + his disastrous reign, iv, 476 + on growth of Church, iv, 491 + unable to protect his subjects, iv, 511 + humiliated by Inqn., iv, 512 + +Carlos III scrutinizes commission of inq.-genl., i, 303 + on Catechism of Mesengui, i, 321 + regulates the Suprema, i, 323 + enforces police regulations, i, 365 + annuls exemption from billets, i, 400 + forbids bearing arms, i, 412 + exemptions from military service, i, 414 + orders Concordias observed, i, 483 + limits the _fuero_, i, 516 + insists on courtesy, i, 520 + expedites _competencias_, i, 525 + relieves Mallorquin New Christians, ii, 313 + on pay of commissioners, ii, 423 + on non-Catholic recruits, iii, 476 + requires proof before arrest, ii, 493 + his _Pragmática del Exequatur_, iii, 540 + limits censorship, iii, 541 + expels the Jesuits, iv, 294 + his action as to bigamy, iv, 323 + his control of Inqn., iv, 389 + progress under him, iv, 387, 480, 486 + taxes church acquisitions, iv, 493 + on profanation of churches, iv, 503 + +Carlos IV dismisses inq.-genl., i, 321 + on conflicts of jurisdiction, i, 505, 524 + exclusion of Jews, iii, 314 + registers all foreigners, iii, 472 + confirms censorship law, iii, 489 + revolution is heresy, iii, 543 + evokes the case of Salas, iv, 313 + his disastrous reign, iv, 390 + his treatment of Jovellanos, iv, 395 + sent to Compiègne, iv, 399 + revives law of succession, iv, 463, 465 + taxes church acquisitions, iv, 493 + +Carlotta de Bourbon, iv, 464 + +Carmelites, discalced, ask for commutations, ii, 410 + +_Carnicería_ of Logroño, trouble over, i, 532 + +Carpenter's bill referred to Ferdinand, i, 293 + +Carranza, Abp., case of, ii, 46 + his reforming tendencies, ii, 52 + his Commentaries, ii, 55 + his trial commenced, ii, 62 + delays, ii, 71, 73 + surrendered to the pope, ii, 79 + his sentence, ii, 82 + his death, ii, 84 + his mysticism, iv, 15 + on character of clergy, iv, 486 + on observance of Sundays, iv, 502 + +Carranza, Sancho de, persecutes witches, iv, 215 + +Carrillo, Abp., his turbulence, i, 8, 287 + his treatment of Ximenes, i, 13 + appoints an inquisitor, i, 167 + on exclusion of New Christians, ii, 285 + +Cartagena, tribunal of, i, 544 + _visitas de navíos_, iii, 314 + contribution from, ii, 201 + +_Cartas acordadas_, i, 182; ii, 475 + _de gracía_, ii, 346 + _del Filósofo Rancio_, iv, 405 + +_Cartillas_ prohibited, iii, 531 + of commissioners, ii, 269, 272 + +_Casa de penitencia_, ii, 507; iii, 155 + its alcaide, ii, 249 + +Casafranca, Jaime de, case of, ii, 344 + +Casas, Diego de las, case of, ii, 124 + +Caspe, conversion of Moors of, iii, 344 + +_Castellano_, coin, i, 560 + +Castile, its turbulence, i, 1 + rates of interest in, i, 97 + massacres in 1391, i, 107, 112 + expulsion of Jews, i, 136 + Inqn. for, granted by Nicholas V, i, 147 + established, i, 188 + separate Inqn. for, i, 180 + resistance provoked by Lucero, i, 189 + complaints, i, 217, 220, 222, 485 + complaints of temporal jurisdiction, i, 510 + Concordia of 1553, i, 436 + familiars, i, 458; ii, 275, 277 + secular procedure, ii, 466, 468 + rules as to witnesses, ii, 535, 559 + use of torture in, iii, 1 + forcible conversion of Moors, iii, 324 + Moriscos persecuted, iii, 330, 390 + expelled, iii, 399 + sorcery in, iv, 182, 184 + struggle over blasphemy, iv, 330 + unnatural crime, iv, 364 + export of horses, iv, 278 + See also Córtes + +Castro, Alfonso de, on duty of denunciation, ii, 486 + on disabilities of descendants, iii, 173 + on witchcraft, iv, 217 + on the clergy, iv, 496, 497 + on religion, iv, 502 + +Castro, Archdeacon of, case of, i, 193 + +Castro, Leon de, iv, 150, 159 + +Castro, Pedro de, Bp. of Cuenca, ii, 50, 66, 87 + +Castro, Rodrigo de, arrests Carranza, ii, 64 + sent to Rome, ii, 74 + persecutes mystics, iv, 21 + +Catalina, Doña, Ordenamiento de, i, 116, 123 + +Catalonia, papal patronage resisted, i, 12 + contempt for New Christians, i, 125 + introduction of Inqn. in, i, 236, 260 + complaints, i, 265, 283, 285, 286 + concordia of 1512, i, 283 + Mercader's Instructions, i, 273 + donation to Inqn. in 1520, i, 284 + familiars, i, 270, 273, 398, 401; ii, 275 + struggles with Inqn., i, 326, 465, 469-74 + outrages of billeted troops, i, 396 + right to bear arms, i, 403 + excludes officials from office, i, 416 + limitation of jurisdiction, i, 432 + rejects Concordia of 1568, i, 469 + social condition in 1632, i, 474 + rebellion of 1640, i, 476; iii, 543 + forms a national Inqn., i, 477, 479 + collapse of rebellion, i, 479 + hostility continued, i, 483 + its coinage, i, 565 + Edict of Faith in, ii, 92 + exacts pledges as to Moors, iii, 343 + expulsion of Moors decreed, iii, 354 + complains of corsairs, iii, 384 + Morisco expulsion, iii, 401 + Inqn. judges sorcery, iv, 183 + struggle over bigamy, iv, 317 + +Catalonia, struggle over blasphemy, iv, 329 + jurisdiction over unnatural crime, iv, 363, 371 + revolt of 1822, iv, 443 + rising of ultra royalists, iv, 456 + +Catechism of Mesengui, i, 320 + for New Christians, i, 155 + of Juan Pérez, iii, 428 + Anglican, for Spain, iii, 451 + in Romance prohibited, iii, 530 + +Cathedrals, _sanbenitos_ hung in, iii, 166 + +Catholic Kings, reasons for the title, i, 143 + +Catholicism, feigned, punished, iii, 474, 476 + +Catholics burnt for denying heresy, ii, 586 + tried for Lutheranism, iii, 420 + +Cato, Precepts of, iii, 447 + +Cazalla, Dr. Agustin, ii, 318, 512; iii, 201, 430, 431, 438 + +Cazalla, Bishop, iv, 12 + +Cazalla, María, iii, 96; iv, 5, 12 + +Cazalla, Pedro de, iii, 429, 431, 442 + +Cazalla house, razed, iii, 130 + +Celestina, the, iii, 546 + +Celibacy stimulated by _limpieza_, ii, 309 + of clergy, iv, 336 + +Cell-companions, betrayal by, ii, 518, 579 + +Cella, Jews expelled from, i, 124 + +_Celo de Cristo contra los Judíos_, i, 115 + +_Celosia_ in audience-chamber, ii, 231, 554 + +Celso, Hugo de, case of, iii, 423 + +Cemeteries, Jewish, their destination, i, 138 + +Censors or calificadores, ii, 263 + +Censorship confided to Inqn., iii, 482 + independence of, iii, 486, 493, 535 + savage law of Philip II, iii, 488 + trivialities of, iii, 491 + penalties for infraction, iii, 525 + cases of infraction, iii, 526 + its extension, iii, 532 + power conferred by, iii, 539 + limited by Carlos III, iii, 541 + political use of, iii, 542 + under Restoration, iii, 544 + over morals and art, iii, 545 + by the State, iii, 549 + of the pulpit, iv, 173 + of Immaculate Conception, iv, 361 + of scientific works, iv, 394 + abolished by Córtes of Cádiz, iv, 404 + its influence, iv, 528 + +Censos due to confiscated estates, i, 270 + investments in, ii, 435 + +Census of Inqn. in 1746, ii, 216 + of Inqn. exempts, ii, 217 + +Centellas, Gaspar, case of, iii, 453, 555 + +_Céntimo_, value of, i, 565 + +Centralization, development of, ii, 184, 186 + +Ceremonial, quarrels over, i, 359 + of autos, iii, 213 + +Certificate of _limpieza_, ii, 598 + of discharge, iii, 109 + _de no obstancia_, iii, 177 + +Cervantes on Moriscos, iii, 341 + +Cervantes, Gaspar, his visitation of Barcelona, i, 467, 529 + +Cervera, capitulations of, i, 20 + Univ. of, its Jansenism, iv, 295 + +_Cessatio a divinis_, i, 495, 514 + +Cevallos, Gerón., his book condemned, iii, 535 + +Chains, prisoners kept in, ii, 466, 467, 511 + +Chair, ceremonial, question of, i, 362, 364 + +Chamorro and Uliff, correspondence of, i, 133 + +Chaplain of tribunal, ii, 249 + +Chapter of Belmonte submits, ii, 428 + of Cádiz, its contest with the Córtes, iv, 414 + of Valencia, prosecution of, ii, 133 + +Chapters resist grants of canonries, ii, 418, 420, 421 + +_Character_ in priesthood, iv, 336 + +Character, influence of Inqn. on, iv, 138, 507, 515 + +Charges withheld from accused, iii, 39 + +Charles V restrains clerical immunity, i, 18 + regulates butchers, i, 33 + obtains masterships of Military Orders i, 34 + protests against papal letters, ii, 122, 123, 124, 126 + his early vacillation, i, 216 + his project of reform, i, 218 + swears to Concordias, i, 275, 276 + contest over Concordia of 1519, i, 278 + his answers to Córtes of 1528 and 1533, i, 286 + power to appoint inq.-genl., i, 303 + grants from confiscations, i, 329; ii, 362, 380, 381, 385 + annuls statutes restricting Inqn., i, 365 + deprives familiars of arms, i, 404 + asserts right to public office, i, 415 + grants the _fuero_ to servants, i, 432, 434 + suspends cédula of 1518, i, 435 + _firma_ served on him, i, 451 + abolishes passive _fuero_, i, 466 + offer to him as to confiscations, i, 583 + memorial to him from Granada, i, 585 + executes Bp. Acuña, ii, 44 + his orders to receivers, ii, 191 + protects Virués, ii, 127; iii, 418 + empowers inspectors, ii, 228 + on _limpieza_, ii, 289 + confirms grants by heretics, ii, 328 + less liberal than Ferdinand, ii, 348 + enforces exclusive jurisdiction, ii, 352 + his concession to the Guimeras, ii, 354 + orders release of galley-slaves, ii, 412 + seeks canonries for Inqn., ii, 424 + regulates prison expenses, ii, 530 + on suppression of witnesses' names, ii, 550 + on punishment of false-witness, ii, 556 + hesitates as to galley-service, iii, 141 + on enforcement of disabilities, iii, 175 + aids João III, iii, 241 + Edicts of Grace for Moriscos, iii, 328 + his Granada edict, iii, 332 + protects Conversos of Teruel, iii, 345 + confirms coerced baptisms, iii, 351 + orders baptism of Moors, iii, 352 + his edict of expulsion, iii, 354 + on Morisco confiscations, iii, 359 + suspends Inqn. as to Moriscos, iii, 373 + asks Inqn. to protect Moriscos, iii, 376 + forbids Moriscos to change domicile, iii, 377 + forbids butchering by Moriscos, iii, 381 + suppresses Luther's books, iii, 413 + favors Erasmus, iii, 414 + urges extermination of Protestants, iii, 434 + his list of prohibited authors, iii, 484 + letter of January 25, 1550, iii, 565 + on export of horses, iv, 278 + confiscates for bigamy, iv, 316 + evades complaints as to blasphemy, iv, 330 + confines usury to secular courts, iv, 374 + results of his reign, iv, 474 + his devoutness, iv, 499 + his death, ii, 57 + +Charles le Chauve sends for relics, i, 47 + +Charles II (Navarre) and his Moors, iii, 317 + +Charles II (England), his treaty with Philip IV, iii, 470 + +Charles IX (France) complains of arrests of Frenchmen, iii, 459 + +Charms, curative, iv, 186, 188, 201 + +Châteaubriand prepares French intervention, iv, 445 + strives to repair mischief, iv, 451 + protests against Inqn., iv, 454 + +Chaves, Fr. Diego de, iv, 257, 259 + +Child-bed, removal from prison during, ii, 505, 524 + +Children, baptism of Jewish, i, 93 + of Moriscos, iii, 380 + prosecution of, ii, 3, 321; iii, 150, 161, 206 + must denounce parents, ii, 485 + of heretics, provision for, ii, 336, 528 + their impoverishment a benefit, ii, 336 + of accused can consult counsel, iii, 44 + refused access to counsel, iii, 48 + of dead, their citation, iii, 83 + disabilities of, iii, 172 + Morisco, detained, iii, 395, 399, 401, 403 + +Chinchilla, Juan, case of, ii, 468, iii, 190 + +Christiá, Pablo, disputes with Nachmanides, i, 90 + +Christian co-operation with Saracens, i, 49, 52, 56 + converts to Islam, i, 49 + Love, confraternity of, ii, 285 + Moriscos expelled, iii, 403, 409 + +Christianity, hatred of, inspired, iii, 321, 330 + +Christianization of Moriscos, iii, 365 + +Christians under Saracen rule, i, 45 + not to be burnt alive, iii, 192 + burnt as _negativos_, iii, 287 + +Christina of Sweden favors Molinos, iv, 49, 54 + +Chrysostom, St. John, on Jews, i, 37 + +_Chuetas_, ii, 312 + +Church, the, its immunities, i, 11 + on forcible conversion, i, 41; iii, 348 + seeks to estrange the races, i, 55, 64, 68, 72, 75 + on Jews, i, 74, 81, 86 + revenues derived from Jews, i, 86 + condemnation of usury, i, 96; iv, 372 + burden of Inqn. thrown on, i, 331; ii, 423 + its claim on confiscations, ii, 316, 318 + its responsibility for burning, iii, 183 + hostility to it in 1820-3, iv, 439 + used to enforce passive obedience, iv, 444 + its wealth, iv, 488, 493, 495 + its oppressiveness, iv, 492 + its influence, iv, 498, 507 + +Churches, asylum in, i, 421 + _sanbenitos_ hung in, iii, 165 + autos held in, iii, 221 + judgements of blood in, iii, 223 + for Moriscos, iii, 366 + pollution of, iv, 130 + profanation of, iv, 503 + +Churrucca persecutes Moriscos, iii, 347 + investigates conversions, iii, 350 + +Cibò, Card., on mystics, iv, 56 + +Cid, the, i, 1, 11, 53 + +_Cientos_, iv, 479 + +Cifuentes, church of, objects to _sanbenitos_, iii, 168 + +Circumcision of New Christians, i, 151 + as evidence, ii, 566 + +Ciruelo on jurisdiction over sorcery, iv, 184 + on astrology, iv, 192 + on punishment for sorcery, iv, 197 + on the Sabbat, iv, 220 + +_Cirujano y barbero_, ii, 249 + +Cisneros, Leonor de, iii, 429, 441 + +Cistercians subjected to Inqn. ii, 31 + +Citation of children of dead, iii, 83 + of the absent, iii, 87 + to Rome, ii, 118 + +Cities represented in Córtes, i, 2 + assigned as prison, ii, 508 + +Ciudad Real, tribunal of, i, 166, 544 + its activity, i, 167; iii, 82; iv, 520 + persecution of Conversos, i, 126 + New Christians denied office, i, 128 + +Civil law, confiscation in, ii, 316 + +Claims, buying up of, i, 265, 270, 430 + of creditors of heretics, ii, 328 + +Clementines, rules in the, ii, 5 + canon on usury, i, 95 + +_Clamosa_, the, ii, 489 + +Clara, Beata,, case of, iv, 91 + +Clasquerin, Archbp., on sorcerers, iv, 182 + +Class privileges, i, 375 + +Classification of heresy, ii, 4 + of authors, iii, 500 + of propositions, iv, 139 + +Cleanliness as evidence, ii, 566; iii, 329 + +Clemencin, Dom, on decline of printing, iv, 530 + +Clément, Joseph, his mission, iv, 293, 307, 390 + +Clement III favors Jews, i, 81 + +Clement IV rebukes Jaime I, i, 70, 91 + +Clement V subjects Jews of Toledo to + the chapter, i, 94 + +Clement VI strives to arrest massacres, i, 101 + +Clement VII on absolution for occult + heresy, ii, 20 + his policy as to regulars, ii, 31, 32 + limited jurisdiction over bps., ii, 45 + renounces appellate jurisdiction, ii, 126 + appeals for Francisco Ortiz, ii, 127; iv, 12 + forbids taxes on confiscations, ii, 353 + action as to Portuguese Inqn., iii, 239, 240 + as to Valencia Moors, iii, 351, 352 + as to Moriscos, iii, 371, 376 + as to Lutherans, iii, 422, 423 + brief of July 15, 1531, iii, 563 + grants jurisdiction over unnatural crime, iv, 363 + withdraws usury from Inqn., iv, 374 + +Clement VIII asserts episcopal cognizance of heresy, ii, 8 + asserts appellate jurisdiction, ii, 132 + on age of inqrs., ii, 236 + commutes relapse, iii, 261 + prohibits defamatory writings, iii, 531 + confirms jurisdiction over regulars, ii, 36 + heresies treated as relapse, iii, 201 + insists on denunciation of accomplices, ii, 462; iii, 373 + on ecclesiastical jurisdiction, iii, 534 + relaxation for personating priesthood, iv 340 + +Clement IX sustains the Majorca Church, i, 502 + +Clement X suspends Portuguese Inqn., iii, 288 + +Clement XI, his instructions to Vidal Marin, i, 302; ii, 175, 178 + tries Toro of Oviedo, ii, 88; iv, 73 + condemns use of Bible, iii, 529 + +Clement XII condemns Masonry, iv, 299 + +Clement XIII condemns Mesengui's Catechism, i, 320 + +Clergy, their character, i, 9, 10; iv, 496, 508 + their immunity, i, 17, 345; iv, 497 + their inviolability, i, 367 + as tax-collectors, i, 99 + taxed in kingdoms of Aragon, i, 375, 379 + not to be familiars, i, 443, 454 + leniency towards, iii, 100; iv, 368 + arrests and sentences require confirmation, ii. 184, 185 + confiscation of, ii, 318 + levy on, for Inqn., ii, 426 + subject to torture, iii, 13 + sentenced in audience-chamber, iii, 96 + spiritual penance for, iii, 132 + circular discipline for, iii, 138 + exempt from galleys, iii, 140 + not exposed in autos, iii, 180 + formal heresy in, iii, 181 + judgements of blood forbidden to, iii, 184 + tried for treason by Inqn., iv, 275 + alienated by Córtes of Cádiz, iv, 413 + resist the suppression of Inqn., iv, 414 + hostility to, in 1820-3, iv, 439 + their numbers, iv 489, 492, 493 + refuse to reveal their wealth, iv, 494 + of Majorca, obtain papal brief, i, 499 + triumph over Inqn., i, 503 + +Clericalism, influence of, iv, 488, 498 + +_Clericis laico_, bull, i, 375 + +Clíment, Bp., of Barcelona, iv, 293 + +Clothes of relapsed confiscated, ii, 337 + supplied to prisoners, ii, 528 + +Coaches, trouble over, in Logrono, i, 531 + +Coadjutorships with reversion, ii, 222 + +Coast-guard duty of familiars, i, 412 + +Coasts unprotected, iii, 383 + +Code, penal, on toleration, iv, 470 + +_Coelestis Pastor_, bull, iv, 59 + circulated in Spain, iv, 68 + +_Coeli et Terræ_, bull, iv, 189 + +Coello, Juana, iv, 254, 255, 266, 270 + +_Cæna Domini_, bull in, ii, 19 + +Coercion in baptism, i, 41; iii, 349 + +Coffer of three keys, ii, 450, 452 + +_Cofradia de S. Pedro Martir_, ii, 282 + +Coinage, Spanish, i, 560 + debased under Henry IV, i, 7 + violation of laws on, i, 438 + debasement of, iv, 482 + Inqn. invoked, iv, 283 + Mariana's attack on it, iv, 273 + +Coins, baptism of, iv, 199 + +_Colegios de Familiares_, ii, 282 + +Collection of debts, i, 434 + through Inqn., i, 266 + of _media añata_, i, 378 + of confiscations, ii, 341 + +College for Moriscos, iii, 366, 367, 369, 379 + of Santiago in Huesca, i, 456 + +Colleges, limpieza required by, ii, 298 + +Colonial tribunals, their finances, i, 332 + remittance, seizure of, i, 333 + +Colonies, New Christians in, iii, 280 + contribute to Suprema, ii, 200 + +Comets, superstition as to, iv, 530 + +Commentaries of Carranza, ii, 55, 56, 59, 73, 83, 85 + +Commerce, damage to, ii, 331, 386, 446, 462, 506, 511, 514 + +Commercial operations of Inqn., i, 176, 389 + +Commission paid to informers, ii, 323 + +Commissions of inqrs.-genl., i, 303 + Lutheranism included, iii, 423 + solicitation included, iv, 99 + sorcery included, iv, 189 + of inquisitors, ii, 595 + issued by inqrs., ii, 218 + of familiars, i, 409, 516 + renewal of, ii, 162 + for discovering hidden property, i, 268 + to investigate New Christians, i, 156 + on secular business, i, 468 + of absolution, papal, ii, 106 + military, their cruelty, iv, 452 + +Commissioners, ii, 268 + their appointment, ii, 237 + their fees, ii, 271 + take ratifications, ii, 544 + cannot form competencias, i, 444 + must be present at autos, iii, 214 + in investigating limpieza, ii, 302 + instructions as to witchcraft, iv, 237 + temporary, ii, 272 + +Communion, daily, taught by Molinos, iv, 51 + +Commutation of punishment, ii, 402, 408; iii, 161 + grants of, ii, 410 + +_Companhia da Bolsa_, iii, 282 + +Competencia in 1530, i, 268 + difficulty of settling, i, 481, 524 + delays caused by, i, 464, 512, 525 + formula of i, 518, 519 + refusal of, i, 513, 516, 522 + in bigamy cases, iv, 319 + courtesy displayed, iv, 432 + +Complaints of Inqn. punished, iv, 515 + +Compositions for confiscation, i, 236, 267, 331; ii, 353 + their violation, ii, 355 + the great one of Seville, ii, 357 + for individuals, ii, 356 + for imperfect confession, ii, 460 + for immunity, iii, 362 + for military service, i, 334 + +Compurgation, iii, 113 + in trials of the absent, iii, 87 + +Comte, Juan, inq. of Barcelona, i, 261, 263 + +Comuneros of 1820-3, iv, 439 + +_Comunidades_, iv, 250 + Inqn. not concerned in, i, 221 + +Concealment of finances, i, 330, 332 + of property, ii, 322 + +Conception, the Immaculate, iv, 174, 359 + +Conclusion of case, iii, 71 + +Concordat of 1737, iv, 493 + of 1753, iv, 291 + +_Concordia Compromisoria_ of 1465, i, 123 + +Concordia of Castile, in 1553, i, 436 + familiars in, ii. 275, 277 + asked for by Aragon, i, 450 + of Aragon in 1512, i, 270 + confirmed by Ferdinand, i, 274 + in 1520, i, 282 + its guarantees, i, 465 + ignored by Inqn., i, 283, 472 + on jurisdiction, i, 432 + on familiars, ii, 274 + on violation of compositions, ii, 356 + on bigamy, iv, 317 + on blasphemy, iv, 329 + on usury, iv, 373 + of 1519, i, 276 + of 1520, i, 466 + of 1568, i, 442, 454 + its printing forbidden, i, 445 + +Concordia of 1568 made a _fuero_, i, 455 + on witnesses, i, 492 + on commissioners, ii, 270 + on familiars, ii, 281 + of Zapata, i, 474 + of 1646, i, 460, 464 + of 1554 for Valencia, i, 440 + Morisco, of 1528, iii, 357, 376, 378 + +Concordias, their observance commanded, i, 483 + +Concubinage of clergy, i, 10, 16; iv, 496 + +Concurrence, episcopal, i, 159, 230; ii, 11; iii, 71 + effort to avoid it, ii, 14 + its necessity, ii, 16 + its decline, ii, 18; iii, 74 + +Concurrent witnesses required, ii, 562 + +Condemned, efforts to convert the, iii, 196 + +Conditions justifying torture, iii, 6 + of patient in torture, iii, 14 + +Conditional acquittal, iii, 106 + +_Con el Rey y la Inquisition, chiton!_ iv, 515 + +Confession, judicial, ii, 569 + urgency to induce it, ii, 570 + spontaneous, ii, 571 + must be complete, ii, 573 + imperfect, ii, 353; iii, 199 + time of, ii, 580; iii, 143, 191 + variable, ii, 582 + revocation of, ii, 582; iii, 10, 200 + relaxation after, iii, 190 + under torture, ii, 581; iii, 26 + must be ratified, iii, 27 + retraction of, iii, 28 + useless in relapse, iii, 202 + under Edict of Grace, ii, 457, 459, 605 + of witches, iv, 219, 223, 231, 232, 235, 237 + +Confession, sacramental, its divine origin, iii, 412 + of heresy, i, 234; ii, 20 + of prisoners, ii, 521 + denied to _negativos_, iii, 198 + not to be heard in houses, iv, 96 + seal of, ii, 24; iv, 31, 377 + +Confessional, the, introduced, iv, 96 + indecency in, by mystics, iv, 25, 31 + its use in censorship, iii, 490 + seduction in, see Solicitation + +Confessional letters, ii, 104, 590 + +Confessions heard by laymen, iv, 344 + +Confessors, inqrs. are not, ii, 21 + of tribunals, ii, 249 + licensed to absolve for heresy, ii, 22, 24 + elicit information as to property, ii, 322 + require penitents to obey the Index, iii, 490 + to denounce solicitors, iv, 101, 108 + +Confessors, royal, their influence, iv, 498 + are members of Suprema, i, 323 + +Confidence, destruction of, ii, 91, 100 + +Confinement not solitary, ii, 518 + +Confirmation of commissions, ii, 162 + of sentences, ii, 184 + +Confiscation, demanded by Ferdinand, i, 158 + at Cordova, i, 191 + of offices, i, 192 + evils of, i, 218; ii, 343, 386; iv 504 + offers for its suppression, i, 219, 221, 583; ii, 368 + compositions for, see Composition + complaints of, in Valencia, i, 236 + extensive, in Aragon, i, 256 + debts of estates, i, 266 + controlled by Suprema, i, 329 + concealed from crown, i, 330 + reclaimed by crown, i, 331, 336 + revert to Inqn., i, 337 + jurisdiction over, ii, 209 + the most deterrent penalty, ii, 316, 336 + included in sentence, ii, 318 + operates from first act of heresy, ii, 316, 325, 331, 339, 348 + in reconciliation, ii, 320; iii, 149 + its enforcement, ii, 321, 334, 335, 341 + professional informers, ii, 323 + estates of the dead, ii, 327; iii, 82 + creditors and debtors, ii, 328 + dowries, ii, 332, 599 + system of collection, ii, 341 + of alienated property, ii, 339 + of persons of heretics, ii, 340 + Valencia court of, ii, 330 + abuses, ii, 346 + no appeal from Inqn., ii, 349 + insurance against, ii, 353 + productiveness, ii, 367 + waste of property, ii, 363, 364, 370 + malversation, ii, 365 + use made of its products, ii, 371 + grants from, i, 187; ii, 373, 380 + investments from, ii, 433, 442 + stimulus to condemn, ii, 377 + prosecution of the wealthy, ii, 385 + becomes obsolete, ii, 370 + distinguished from penances, ii, 393 + replaced by penance, ii, 394 + of 1679 in Majorca, i, 335; iii, 306; iv, 512 + of Morisco property, iii, 359 + annual payment substituted, i, 331; iii, 361 + of expelled Moriscos, iii, 409 + Valencia register of, i, 581 + for bigamy, iv, 316, 317 + sequestration a preliminary, ii, 503 + razing houses, iii, 129 + +Confiscation, account of a receiver, ii, 600 + in Portugal, iii, 260, 281 + +Conflicts of jurisdiction, i, 427 + in Valencia, i, 439 + in Aragon, i, 450 + in Catalonia, i, 465 + in Majorca, i, 484 + in Castile, i, 485 + with spiritual courts, i, 493 + with army, i, 504 + methods of settlement, i, 517 + See also _Competencias_. + +Confrontation, ii, 553 + +Conjurators, iii, 113, 117 + +_Congregation de S. Pedro Martir_, ii, 282 + presided over by Fernando VII, iv, 431 + _Católica_, i, 207 + +Conjurations, iv, 188, 199, 203 + +Conquests by husband and wife, ii, 334 + +Conscience, jurisdiction over, ii, 19 + +Conscription, exemptions from, i, 414 + +Consent in solicitation not enquired into, iv, 122 + +_Consejeros de la tarde_, i, 323; ii, 195 + +_Consejo de la Suprema y General Inquisicion_, i, 173 + _de Poblaciones_, iii, 340 + +Conspiracy of San Bias, iv, 303 + +Constantinople, Council of, on Jews, i, 39 + +Constitution of Bayonne, iv, 400 + of Cádiz, iv, 406 + restrictions on the crown, iv, 421 + abrogated by Fernando VII, iv, 422 + revived in 1820, iv, 436 + in 1836, iv, 469 + +_Consulta Magna_, the, i, 512 + +_Consulta de fe_, ii, 266; iii, 72 + preliminary, ii, 489 + before _auto de fe_, iii, 210 + votes on torture, iii, 4 + its action, iii, 73 + its obsolescence, ii, 268; iii, 74 + fiscal present in, ii, 481 + its service, iii, 75 + +Consultation of demons, ii, 170, 173 + +_Consultores_, ii, 266 + their appointment, ii, 267 + their functions, iii, 71, 73 + become unnecessary, iii, 74 + are not officials, i, 443 + diminished number of, ii, 216 + +Contemplation, iv, 1, 6, 19, 28 + condemned in Seville, iv, 30 + taught by Molinos, iv, 50, 52 + by S. François de Sales, iv, 62 + its results, iv, 55, 74 + +_Contestes_, ii, 562 + +Continence, test of, iv, 2, 9, 10, 34 + +Contraband tobacco, search for, i, 425 + trade, facilities for, i, 385 + +_Contrafuero_, cry of, i, 451; iv, 259 + +Contracts of heretics, ii, 325 + of peace and truce, i, 445 + +Contreras, Ant. de, disregards quarantine, i, 264 + +Contumacy, absence is, iii, 86 + proves heresy, iii, 89 + +Conventicles, houses used as, iii, 128 + +Convents used as prisons, iii, 151, 154 + reclusion in, iii, 180 + _autillos_ held in, iii, 221 + their multiplication, iv, 490 + have licences for prohibited books, iii, 503 + +Conversion, forcible, doctrine of, i, 41; iii, 347 + efforts at, i, 63 + by preaching authorized, i, 91 + in massacre of 1391, i, 111 + of Jews in 1413, i, 118 + checked by Inqn., i, 131 + of Moors of Granada, iii, 319 + of Valencian Moors, iii, 348, 355 + of Moriscos, iii, 365 + at autos, iii, 191, 193, 216, 218 + after sentence, iii, 193, 194, 197 + efforts to obtain, iii, 196 + confirmed by torture, iii, 11 + +_Conversos_, see New Christians + +Converts, favor shown to, i, 63 + to Judaism, iii, 293 + from Protestantism, iii, 476 + +Convicts transferred for execution, iii, 222 + effort to convert, iii, 191, 196; iv, 525 + +Copper coinage, i, 564 + +_Cordeles_, iii, 19 + +Córdova, massacres of Jews, i, 51, 115 + persecution of New Christians, i, 128 + its tribunal, i, 166, 544 + its inquisitors, i, 190 + its struggle with Lucero, i, 192 + ceremonial in the mass, i, 361 + persecution of provisor of, i, 495 + dispute over a house, i, 528 + Confraternity of Christian Love, ii, 285 + exclusion of Conversos, ii, 290 + benefices of its officials, ii, 420 + its doctoral canonry, ii, 421 + tortures used in, iii, 20 + houses rebuilt, iii, 129 + conversion of Moors, iii, 324 + _Molinistas alumbrados_, iv, 71 + its school of magic, iv, 180 + +Córdova, Sancho de, case of, ii, 29 + +Córdovan martyrs, relics of, i, 47 + +Coria, Council of, on clergy, iv, 496 + +_Corona_, coin, i, 561 + +_Coroza_, iii, 215 + +Corregidor of Logroño, his punishment, i, 351 + +Correspondence of Chamorro and Uliff, i, 133 + +Corsairs, their ravages, iii, 383 + +Corte, tribunal of, i, 545 + +Córtes of Castile, representation in, i, 2 + resist papal patronage, i, 12 + of 1380 on Jews, i, 77 + of 1385 on Jews, i, 99 + of 1387 on Jews and Moors, i, 77 + of 1462 ask for trade with Jews, i, 122 + never ask for Inqn., i, 154, 157 + of 1523 renounce power, i, 33 + complain of Inqn., i, 217, 220, 222, 485; ii, 14 + ask for fixed salaries, ii, 349 + complain of courts, ii, 468 + of wealth of Church, iv, 489 + of number of convents, iv, 490 + of 1532 define Old Christians, ii, 288 + of 1570 ask for teaching of astrology, iv, 192 + of 1789 on the succession, iv, 463, 465 + of Cádiz convoked in 1810, iv, 403 + suppress benefices, ii, 445 + on _sanbenitos_, iii, 171 + grant freedom of press, iii, 543; iv, 404 + adopt Constitution, iv, 406 + struggle over the Inqn., iv, 407 + prolonged debate, iv, 411 + Inqn. informally suppressed, iv, 412 + alienate the clergy, iv, 413 + contest with chapter of Cádiz, iv, 414 + of 1813-14, iv, 418 + prescribe terms to Fernando VII, iv, 419 + are ejected, iv, 422 + of 1823 move to Seville and Cádiz, iv, 446 + of 1833 acknowledge Isabella II, iv, 465 + +Córtes of Aragon, their independence, i, 229 + accept Torquemada, i, 238 + of 1510, their demands, i, 269 + on usury, iv, 373, 374 + on episcopal concurrence, ii, 14 + of 1519, their articles, i, 276 + of 1526, demands evaded, i, 455 + of 1528 and 1533, grievances, i, 285, 286 + of 1533, members threatened, i, 452 + of 1547 and 1553, their complaints, i, 440, 453 + of 1564, their complaints, i, 441 + of 1585, ask for new Concordia, i, 454 + of 1646, their victory, i, 458 + +Córtes of Valencia oppose Inqn., i, 239 + +Coruña, _noyade_ at, iv, 443 + +_Cosas arbitrarias_, ii, 401; iii, 173, 174, 179 + _de Luteranos_, iii, 453 + +Cost of a tribunal, i, 478, 479; ii, 209 + of _autos_ and _toros_, ii, 198 + of maintaining prisoners, ii, 529, 532 + +Costs collected from the accused, ii, 533 + +Costa, Pastor de, his pension, ii, 252 + +Cote, Juan, case of, i, 300; ii, 348; iii, 102 + +Cotoner, Inqr., i, 424, 478 + +Council of Castile, its protests, i, 487, 489 + on temporal jurisdiction, i, 510 + evades royal order, i, 531 + its opinion of Inqn., i, 532 + +Council of Aragon trifles with Philip IV, i, 418 + sustains the Bishops, i, 501 + +Councils, royal, organized, i, 172 + +Counsel allowed to accused, iii, 42 + his functions, iii, 44, 69 + secrecy enforced on, ii, 474 + furnished at public expense, ii, 467 + +Counterfeiting, extent of, i, 563 + an excepted crime, i, 438 + +Couriers, expense of, ii, 179 + +Court of confiscation, ii, 330, 350 + of Justicia of Aragon, i, 450 + its conflicts with tribunal, i, 452, 454, 456 + acquits Antonio Pérez, iv, 258 + +Courts, secular, of Castile, ii, 468 + use of torture in, iii, 3 + +Courts, spiritual, limitations on, i, 15 + procedure in, ii, 469, 470 + +Credit, destruction of, ii, 331 + +Creditors, claims of, ii, 328, 330, 331 + +_Creix_, ii, 334 + +Crime, heresy as, ii, 4 + unnatural, iv, 361 + +Cristina, María, de Bourbon, iv, 462 + is appointed regent, iv, 464 + her enforced Liberalism, iv, 466 + +Criticism of Inqn. punishable, i, 372 + captious, of censors, iii, 491 + +Croce, Giov. Gius. della, his mysticism, iv, 68 + +Cromwell demands freedom of conscience, iii, 469; iv, 501 + +Crops, division of, by Moriscos, iii, 377 + +Cross, the, of Casar de Palomero, i, 133 + of the sanbenito, iii, 162 + green, procession of, iii, 214 + white, at _brasero_, iii, 216 + irreverence to, iv, 353, 355 + +Crosses of Luisa de Carrion, iv, 38 + green, of the relaxed, iii, 214 + +Cross-examination, none of accusing witnesses, ii, 542 + of witnesses for defence, ii, 544 + of witnesses in Aragon, ii, 466 + +Crossing, forms of, ii, 568 + +Crown, impoverishment of, i, 7 + its relations with Inqn., i, 289 + its appointing power, i, 158, 290, 298, 300, 302 + enforces resignations, i, 304 + its relations with Suprema, i, 322 + loses control over finances, i, 330 + reclaims confiscations, i, 331; ii, 317 + its demands on Inqn., i, 332 + claims salary from Suprema, ii, 196 + +Crucifix, irreverence to, iv, 333 + +Crudeli, Tomaso, his works condemned, iii, 547 + +Cruelty and benignity, iii, 99 + +Crusades, Jewish massacres caused by, i, 83, 88 + +Cruz, Gerónimo de la, on _limpieza_, ii, 306 + +Cruzada indulgence, complaints of, ii, 24; iv, 511 + +_Cruzado_, value of, i, 566 + +_Cuartel_, i, 399 + +Cuesta, la, brothers, their persecution, v, 296 + +Cuenca, aljama of, its usury, i, 97 + Bp. of, deprived of his palace, ii, 207 + composition for, ii, 356 + tribunal of, i, 546 + troubles in 1520, i, 221 + refuses to pay taxes, i, 377 + judges its own case, ii, 428 + fines for overcoming torture, iii, 31 + _sanbenitos_ hidden, iii, 168 + +Cult of uncanonized saints, iv, 356 + +_Cum quorundam_, bull, iii, 201 + +_Cum sicut dilecti_, brief, i, 499 + +_Curador_ for minors, iii, 50 + present at sentence of torture, iii, 6 + for the insane, iii, 59 + +_Curanderos_, punishment of, iv, 200 + +Cure of souls, benefices with, ii, 419 + +Cures, superstitious, iv, 188 + +Curia, the, its treatment of Portuguese Conversos, iii, 239 + +Cushions, inqrs. deprived of, i, 364 + +_Custos morum_, Inqn. as, iv, 376 + +Customs duties, exemption from, i, 376, 384 + Jewish and Moslem, i, 145; ii, 565 + +Cyril, St., persecutes Jews, i, 38 + + +Daimiel, Moriscos of, iii, 330 + +Dameto, Jorje, case of, i, 500 + +Danger of using papal letters, ii, 105 + of witnesses, ii, 550 + +Danger of denouncing solicitation, iv, 108 + in mysticism, iv, 2 + +Daroca, tribunal of, i, 547 + +Date of heretical acts, ii, 325, 331, 348 + +Daubenton, Père, expels Alberoni, i, 318 + +Daughters, offices transmitted through, ii, 221 + +Davila Bp. of Segovia, case of, ii, 42 + +Day of judgement imitated in autos, iii, 209 + +Dead Hand, the, iv, 489 + +Dead, trials of the, iii, 80 + suspension forbidden, iii, 109 + form of sentence, iii, 85 + reconciliation, iii, 149 + confiscation of estates, ii, 327 + property not sequestrated, ii, 503 + +Dean of Suprema, ii, 166 + +Death in prison, ii, 510, 522; iii, 197, 285 + trial continued, iii, 85 + through torture, iii, 23 + during auto, iii, 218 + of owners of libraries, iii, 502, 504 + mystic, of Molinos, iv, 49 + +Death-penalty for Masonry, iv, 299 + for seducing female prisoners, ii, 524 + commuted for galley-service, iii, 139 + confiscation equivalent to, ii, 316 + +Death-sentences reported in advance, iii, 187 + +_De Auxiliis_, controversy over, iv, 160 + +Debtors excommunicated, ii, 322 + imprisoned, ii, 340 + +Debts of heretics, ii, 325, 328 + of confiscated estates, i, 266 + due to confiscated estates, i, 270 + due to Jews, i, 103, 115 + to _reconciliados_ repudiated, ii, 335 + of familiars, i, 453 + buying up of, i, 430 + collected through Inqn., i, 266, 434 + +Decadence and Extinction, iv, 385 + change under the Bourbons, iv, 386 + influence of Philip V, and his sons, iv, 387 + rapid decadence, iv, 388 + limitations under Carlos III, iv, 389 + influence of French Revolution, iv, 390 + amelioration of procedure, iv, 392 + suppression proposed, iv, 394 + the French invasion, iv, 399 + Inqn. supports Napoleon, iv, 400 + suppressed by Napoleon, iv, 401 + condition during the war, iv, 402 + the Córtes of Cádiz, iv, 403 + struggle over the Inqn., iv, 407 + Inqn. informally suppressed, iv, 412 + protests of the clergy, iv, 414 + reaction after the war, iv, 418 + +Decadence, restoration of Fernando VII, iv, 420 + Inqn. re-established, iv, 424 + financial troubles, iv, 426 + resumes its functions, iv, 429 + comparative feebleness, iv, 431 + abolition decreed in 1820, iv, 436 + French intervention, iv, 447 + Fernando keeps it suspended, iv, 453 + condition in 1830, iv, 459 + replaced by _Juntas de fe_, iv, 460 + final dissolution in 1834, iv, 467 + +Deceit forbidden, iii, 70 + +Decrees suppressing the Inqn., iv, 436 468, 541, 543, 545 + royal, require assent of Suprema, i, 325 + +Defalcations of receivers, ii, 451, 454 + +Defamatory writings prohibited, iii, 531 + +Defaulters, receivers as, ii, 451, 454 + +Defence, facilities for, denied, ii, 482 + suppression of witnesses' names, ii, 552; iii, 66 + witnesses for the, ii, 539 + treatment of evidence, ii, 543 + advocates allowed, iii, 43 + perfunctory character of, iii, 56 + pleas in abatement, iii, 57 + by _tachas_ and _abonos_, iii, 64 + of non-baptism, iii, 69 + in trials of the dead, iii, 84 + no prescription of time against, iii, 89 + +Defendant entitled to his own court, i, 430 466 + deprived of his own court, i, 467 + +_Defensor de oficio_, iii, 542 + +Definition of limpieza, ii, 288, 297 + of solicitation, iv, 100, 112 + +Degradation of clerics, i, 179; iii, 181 + for marriage in orders, iv, 339 + +Degrees, Conversos ineligible to, ii, 287 + +_Dejamiento_, iv, 4, 8, 9 + of Molinos, iv, 50 + +Delation, habit of, ii, 99; iv, 138, 515 + +Delay in confession, ii, 580 + +Delays in trials, iii, 40, 75 + forbidden by Ferdinand, i, 187 + complaints of, i, 226; iii, 77 + caused by temporal jurisdiction, i, 509, 512 + by competencias, i, 525 + by ratification, ii, 548 + by evidence for defence, iii, 67 + of Suprema in deciding cases, ii, 182 + forbidden in trials of the dead, iii, 84 + in cases of absentees, iii, 90 + in expurgation, iii, 497, 508 + +Delegates of bishops, ii, 12 + +Delusion in Mysticism, iv, 79 + in witchcraft, iv, 208, 212, 217, 219, 229, 231, 237 + +Demoniacal possession, iv, 348 + jurisdiction, iv, 349 + epidemics, iv, 350 + imposture, iv, 351 + +Demoniacs, their utterances, ii, 134 + their responsibility, iv, 349 + +Demons, revelations of, ii, 134 + consultation of, ii, 170, 173 + invocation of, iv, 199 + pact with, iv, 185 + illusive relations with, iv, 220 + +Denial of intention, ii, 576 + +Denial, pertinacity in, ii, 585; iii, 198 + +Denmark, treaty of commerce, iii, 467 + +_De no obstancia_, certificates of, iii, 178 + +Denunciation, Edict of, ii, 91 + habit of, ii, 99 + duty of, i, 168; ii, 93, 96, 485 + in solicitation, iv, 101, 106 + two required, iv, 120, 123 + of accomplices, ii, 460, 462, 577; iii, 371 + of self, ii, 571; iv, 130 + of prohibited books, iii, 482, 490 + danger relieves from duty, iv, 108 + threats of, iv, 348 + +Depopulation, causes of, ii, 309; iv, 478 + +_Depositario_ of sequestrations, ii, 499 + _de los pretendientes_, ii, 304 + sale of, ii, 214 + delay in rendering accounts, ii, 449 + money used to replace _sanbenitos_, iii, 170 + +Deposits in coffer, delays allowed, ii, 453 + +Deposition of Avila, i, 4 + +_Deputados_ of Portuguese Inqn., iii, 262 + +_Derecho de Inquisicion_, iii, 520 + +Descendants of dead to be cited, iii, 84 + +Descendants, disabilities of, iii, 172, 557 + of penitents, their hardships, iii, 177 + +Despatch urged in trials, iii, 76, 78 + +_Despoblados_, iv, 482 + caused by confiscation, ii, 364 + +Details, supervision over by Suprema, ii, 184 + suppressed in publication, iii, 54 + +Deterioration of officials, iv, 388 + +Devolutionary appeals, ii, 187 + +Deza, Diego, his Jewish blood, i, 120 + appointed inq.-genl., i, 180 + action in the case of Lucero, i, 196, 201, 202, 203 + compelled to resign, i, 205 + forbids officials to trade, i, 534 + orders Edict of Denunciation, ii, 92 + appeals referred to, ii, 116 + +Deza, Pedro de, his action in Granada, iii, 335 + urges depopulation, iii, 339 + +Diana and Herodias, iv, 208 + +Díaz, Bernardino, case of, ii, 123, 550 + +Díaz, Blanquina, case of, ii, 122 + +Díaz, Froilan, case of, ii, 169 + +_Diccionario crítico-burlesco_, iv, 409 + +Diego de Uceda, case of, ii, 288, 553; iii, 28, 66, 415 + +_Diminucio_, ii, 573, 578; iii, 10, 199 + +_Dinerillo_, i, 566 + +_Dinero_, value of, i, 565 + +Diogo da Annunciasam, his sermon, iii, 302 + +Diputados of Aragon, i, 271 + coerced by Inqn., i, 274 + their powers restricted, iv, 270 + +Disabilities of Jews and Moors, i, 77, 95, 117, 119, 121, 124 + of penitents, iii, 172 + under Edict of Grace, i, 170 + of Conversos, ii, 286 + of culprits, ii, 401 + of descendants, iii, 172, 177, 557 + of Mallorquin New Christians, ii, 314 + enforced by Inqn., iii, 175 + fine for disregard of, iii, 179 + composition for, ii, 358 + removal of, ii, 407 + +Disabling of witnesses, iii, 64, 68 + +Disarmament of Moriscos, iii, 332, 378 + +Disarming a familiar, case of, i, 405 + +Disbursements under royal authority, i, 329 + +Discharge without sentence, iii, 112 + +Discipline, the, iii, 135; iv, 116 + circular, iii, 138, 181 + +Discipline, relaxation of, ii, 225 + in perpetual prisons, iii, 152, 154, 155 + +_Discordia_, ii, 163, 179 + as to arrests, ii, 185 + between calificadores, ii, 487 + +Discourtesy, prosecution for, ii, 132 + +Discretion as to torture, iii, 10, 30 + +Dismissal, power of, by inq.-genl., i, 177 + controlled by Ferdinand, i, 291 + +Disobedience of Inqn., i, 616 + +Disorder of records, ii, 258 + +Dispensations, ii, 401 + sale of, ii, 408 + for lack of limpieza, ii, 297 + for familiars, ii, 279 + _en lo arbitrario_, ii, 408 + from imprisonment, iii, 160 + episcopal, iv, 396 + papal, ii, 402, 405, 406 + for non-residence, i, 303, 307; ii, 415 + +_Dispensero_, ii, 249, 526 + +Disputations between Jew and Christian, i, 90, 118 + scholastic, iv, 150, 159 + +Disqualification of witnesses, ii, 536, 538 + +Disregard of papal letters, ii, 106, 108, 131 + +Disrepute of Barcelona tribunal, i, 481 + +Dissipation of the confiscations, ii, 434 + +Districts of tribunals, ii, 206 + visitation of, ii, 238 + +Divination, punishment of, iv, 182 + +_Dobla de la banda_, i, 560 + +_Doblon_, i, 561 + +Doctoral canonries, ii, 421 + +Documents of the Inqn., i, 159 + +Dog, funeral rites for, iv, 432 + +Dogmatizers, fate of, iii, 200 + +_Doli capaces_, ii, 3 + +Dolores, Beata, case of, iv, 89 + +Domination of Inqn., iv, 513, 516 + +Dominicans employ Jewish physicians, i, 75 + as inqrs., ii, 234 + member of Suprema, i, 323 + subjected to Inqn., ii, 31 + on exclusion of New Christians, ii, 288 + deny Immaculate Conception, iv, 359 + persecuted by Inqn., iv, 380 + +_Donec corrigatur_, iii, 484 + +Don Quixote, correction of, iv, 16 + +_Dos de Mayo_, iv, 399 + +Doubts solved by torture, iii, 33 + +Dowry of Catholic wife, i, 270, 286; ii, 325, 328 + illustrative cases, ii, 332, 333 + husband liable for wife's, ii, 334, 341 + receipt given for, ii, 599 + office regarded as, ii, 221 + +Dozy, his view of the Cid, i, 53 + +Dread inspired by Inqn., iv, 514, 516 + of imprisonment, ii, 511 + +Dream-expounding, iv, 185 + +Drunkenness, inquiry as to, iii, 63 + +Dryander, Franciscus, iii, 424 + +Ducat, value of, i, 560 + +Duels forbidden to clergy, i, 11 + subjection to Inqn. suggested, iv, 379 + +Duns Scotus on coerced baptism, iii, 349 + +Durango, tribunal of, i, 547 + +Durango, Vidau, i, 251, 256 + +Duration of torture, iii, 22 + of imprisonment, iii, 159 + +Dutch, privileges granted to the, iii, 463, 465, 467 + struggles in Brazil, iii, 262 + aided by Portuguese refugees, iii, 279 + + +Eboli, Princess of, iv, 254 + +Eckart, Master, case of, ii, 30; iv, 2 + +Ecclesiastical jurisdiction limited, i, 15 + +Ecclesiastics, see Clergy + +Ecija, milder treatment of Judaism in, iii, 236 + +Edict of Faith, ii, 91, 587 + as issued in 1696, ii, 93 + solemnities of publication, ii, 94 + +Edict published in visitations, ii, 239 + its distribution, ii, 97 + its effectiveness, ii, 98, 486; iv, 516 + gradual disuse, ii, 98 + includes Lutheranism, iii, 422 + prohibited books, iii, 482 + mysticism, iv, 18, 24 + solicitation, iv, 103, 104, 105 + sorcery, iv, 184 + astrology, iv, 194 + export of horses, iv, 280 + blasphemy, iv, 329 + +Edict of Grace, i, 165; ii, 457, 604 + its conditions, ii, 459; iii, 371 + penalties under, i, 169, 243, 337 + sanbenitos of the reconciled under, iii, 165, 167 + its advantages, ii, 460 + shunned by Conversos, ii, 461; iii, 274 + confession in, ii, 571 + for mystics, iv, 30 + for witches, iv, 211, 226, 228, 230 + causes witch-craze, iv, 234 + in Navarre, i, 224 + in Barcelona, i, 263 + in Majorca, i, 267 + none in Saragossa, i, 244 + for Moriscos, iii, 328, 371 + revived in 1815, ii, 463 + in Portugal, iii, 274 + +Edict of 1572, for Moriscos, iii, 340 + of Morisco expulsion, iii, 394, 398, 400 + of expurgation, iii, 498 + prohibiting book, iii, 573 + +Edicts, reading of, in churches, i, 359 + +Education abroad prohibited, iii, 449 + after expulsion of Jesuits, iv, 294 + +Edward I banishes Jews, i, 83 + +Efficacy of inquisitorial process, ii, 482 + +Effigies of dead burnt, iii, 81 + reconciliation of, iii, 85, 149 + preparation of, iii, 215 + carried in autos, iii, 91, 226 + relaxed in churches, iii, 223 + no plea for mercy for, iii, 188 + +Egidio, Dr., case of, iii, 424, 445 + +Egiza exterminates Judaism, i, 43 + +_Ejercicio de las tres Potencias_, iv, 17 + +Elna, Bp. of, resists Inqn., i, 268 + +_Elches_, iii, 320 + +_El Español Constitucional_, iii, 544 + +Elizabeth, Queen, intercedes for a galley-slave, iii, 460 + +Elvira, Council of, on Jews, i, 37 + +Elvira del Campo, case of, iii, 24, 233 + +Embargo, ii, 504 + +Embezzlement, ii, 365, 451, 454 + +_Embustero_ in mysticism, iv, 82 + in sorcery, iv, 197, 201 + +Emigration of Conversos forbidden, i, 183 + forbidden in Aragon, i, 246 + of Portuguese forbidden, iii, 271, 303 + permission for, sold, iii, 271, 277 + to France, iii, 271, 278 + of Moriscos forbidden, iii, 378 + +Emmerich, Katherine, iv, 94 + +_Empleomanía_, iv, 485 + +Ems, Congress of, iv, 292 + +_Enchiridion Militis Christiani_, iii, 412, 414 + +Encubierto, el, iv, 253 + +_Endemoniadas_, iv, 350 + consulted in behalf of Carlos II, ii, 170 + +Endowment, scanty, of Inqn., i, 293; ii, 433 + +Enemies sought as witnesses, iii, 65 + +Energumens, iv, 351 + +Enforcement of sentences, iii, 101 + +England, Carranza's labors in, ii, 49 + treaties with, iii, 332, 464, 466, 470 + protests against visitas de navíos, iii, 515, 517, 518 + witchcraft in, iv, 246 + burning of women, iv, 526 + Inqn. in, iv, 532 + +Englishmen, privileges granted to, iii, 464, 467 + +English sailors prosecuted, iii, 462, 463 + +Enguera, Juan, Inq.-genl. of Aragon, i, 180 + swears to Concordia, i, 271 + +_En juicio plenario_, ii, 545 + +Enmity disqualifies witness, ii, 538; iii, 64, 68 + disregarded, iv, 156 + +Enmity towards Jews, iii, 272, 290 + +Enríquez, Ana, case of, iii, 90, 299 + +_Ensalmadores_, iv, 180 + +Enslavement of Moriscos, iii, 338 + +Enzinas, Francisco de, iii, 424 + +Epidemics of demoniacal possession, iv, 350 + of witchcraft, iv, 214, 234 + +Episcopal Inquisition at work, i, 153; iv, 461 + courts succeed the Inqn., iv, 468 + jurisdiction, i, 497; ii, 5 + concurrence, see Concurrence + +_Episcopi_, canon, iv, 209, 217, 220, 239 + +_Epocha de Calomarde_, iv, 464 + +_Epocha de Chaperon_, iv, 453 + +Eppinger, Elizabeth, iv, 93 + +Equality of judges and inqrs., i, 520 + +Erasmists, their persecution, iii, 415 + +Erasmus, his freedom of utterance, iii, 412 + his means of support, iii, 417 + +Errors ascribed to mysticism, iv, 24 + +_Escalera_, iii, 19 + +Escape from prison, ii, 513 + from penitential prison, iii, 103 + +Escobar on _limpieza_, ii, 300, 309 + on penalties of descendants, iii, 177 + on single witnesses, ii, 562 + +Escobedo, Juan de, his murder, iv, 254 + +Escorial, its library expurgated, iii, 499 + +_Escudo_, coin, i, 561 + +Espada y Landa, Bp., accused of Masonry, iv, 305 + +España, Count de, iv, 444, 457 + +España, lodge, iv, 303 + +Esperandeu, Juan de, i, 251, 256, 596 + +Espina, Alonso de, his Fortalicium Fidei, i, 36, 75, 149 + on the Sabbat, iv, 209 + +Espina, Alonso de, inq. of Barcelona, i, 263 + +Espino, Dr., attacks Jesuits, iv, 380 + +Espinosa, Diego de, Inq.-genl., i, 306; iii, 334 + +_Espontaneados_, ii, 571 + spared public penance, i, 232 + in solicitation, iv, 130 + in witchcraft, iv, 236 + confiscation enforced, ii, 320, 321 + +Estates of dead confiscated, ii, 327 + confiscated, debts of, i, 266 + books belonging to, iii, 502, 504 + claims of Church on, iv, 488 + +Estella, tribunal of, i, 227, 547 + +_Estilo_ of Inqn., ii, 475 + +Estrées, Card. d', favors Borri, iv, 45 + persecutes Molinos, iv, 51, 54 + +Ethenard, Raimundo, iv, 400, 407, 459 + +Estrada, Duke of, his torture, iii, 3 + +Etiquette, contests over, i, 359 + +Eugenius IV, oppresses the Jews, i, 119 + +Eulogio, St., of Córdova, i, 46 + +Evangelical Alliance stops persecution, iv, 470 + +Evidence, ii, 535 + how obtained at Arjona, i, 212 + for prosecution not sifted, ii, 543 + its sufficiency, ii, 561 + hearsay admitted, ii, 563 + not to be investigated, iv, 261 + ratification of, ii, 544 + publication of, iii, 53 + sufficient for torture, iii, 9 + purged by torture, iii, 7, 30 + for defence kept secret, ii, 543 + obstructions to, iii, 64 + carefully sought for, iii, 67 + as to _limpieza_, ii, 300 + against Judaizers, ii, 566; iii, 232 + against Moriscos, iii, 329 + against familiars, i, 447 + in solicitation, iv, 120 + in witchcraft, iv, 218, 235 + +Evils of temporal jurisdiction, i, 513 + +Examination of accused, iii, 70 + of witnesses, ii, 479, 541 + of imports, iii, 505 + of book-shops and libraries, iii, 487, 495, 498, 574 + in sorcery cases, iv, 196 + of witches, iv, 218 + +Excellency, title of, contested, i, 358 + +Excepted crimes under Concordia, i, 436, 438 + +Exclusion from public office, i, 416 + of foreigners, iii, 472 + of Jews, iii, 311, 314 + +Excommunication, power of, i, 355 + abuse of, i, 379, 484, 487, 489, 495, 511, 523 + endurance of, proves heresy, i, 271; iii, 89 + threats of, i, 519 + in Edict of Faith, ii, 95 + of the absent, iii, 86 + of alcaldes de Corte, i, 382 + of spiritual judges, i, 494 + for concealing property, ii, 322 + for refusal to burn heretics, iii, 185, 187 + +Excommunicates as witnesses, ii, 538 + +_Excusado_, iv, 494 + +Execution of sentence, ministerial, i, 354 + of heretics compulsory, iii, 187 + expenses of, iii, 187 + under temporal jurisdiction, iii, 188 + +Executioners as torturers, iii, 17 + bribery of, iii, 32 + their fees, iii, 35 + their skill, iii, 195 + +Executors, duty of, with regard to books, iii, 502 + +Exemptions, papal, issued in blank, ii, 110 + from taxation, i, 376, 381; iv, 478 + from billets of troops, i, 396 + from prohibition to bear arms, i, 403 + from military service, i, 412 + +Exempts, census of, ii, 217 + number of clerical, iv, 493 + +Exequatur required for papal briefs, iii, 540 + +Exercises, spiritual, as penance, iii, 132 + +Exhumation, secret, special briefs for, i, 296 + of heretic corpses, iii, 80 + +Exile, iii, 126 + varieties of, iii, 127 + infraction of, iii, 103, 128 + +Exiles, Jewish, their sufferings, i, 139 + from Granada, their prosperity, iii, 341 + Morisco, their fate, iii, 406 + +Exorcisers denounced, iv, 351 + +Exorcism of demons, ii, 170; iv, 349 + +Expatriation forbidden, i, 183, 246; iii, 238, 271 + +Expenses, offers to defray them, i, 220, 221 + defrayed by the crown, i, 231, 293 + met by penances, ii, 393 + controlled by Suprema, ii, 189, 447 + thrown on accused, ii, 494 + of prisoners, ii, 528 + of executions, iii, 187 + of proving _limpieza_, ii, 302, 308 + +Experts, assembly of, ii, 265 + +_Exponi nobís_, bull, i, 275 + +Export of wheat from Aragon, i, 385 + of horses, iv, 278 + of books supervised, iii, 507 + +Expropriation of houses, ii, 207, 208 + +Expulsion of Jews in 1492, i, 135 + of Moriscos proposed, iii, 390 + determined on, iii, 392 + terms of the edicts, iii, 394, 398, 401 + of Protestants, iii, 572 + +Expurgation of books, iii, 484, 491, 492, 494, 497, 498 + +Expurgators, professional, iii, 497 + +_Exsurge Domine_, bull, iii, 184 + +External heresy, ii, 4 + +Extinction, decree of, 1834, iv, 545 + See Decadence. + +Extradition of heretics, i, 191, 253; iii, 278 + +Extremadura, tribunal of, i, 549 + milder treatment of Judaizers, iii, 236 + mystics of, iv, 20 + +Eymerich on friendship with Moors, i, 56 + on mysticism, iv, 6 + on sorcery, iv, 183 + + +_Fabrica de Sevilla_, ii, 201 + +Factions, turbulent, in Valencia, i, 449 + +Faculties to absolve for heresy, ii, 24 + +Faith, Edict of, see Edict + matter of, its significance, i, 357, 406 + not interfered with, i, 294 + Philip III intervenes in one, i, 300 + +Faith, prosecutions not of, ii, 257 + +False-witness, i, 223, 271; ii, 554 + detected in ratification, ii, 547 + cognizance of, ii, 555 + few cases of, ii, 559 + in cases of _limpieza_, ii, 304 + in Portugal, iii, 287 + in witchcraft cases, iv, 233 + +Fame, common, as to limpieza, ii, 300 + +Familiars not subject to secular law, i, 265 + +Familiars, exclusive jurisdiction over, i, 429, 432 435 + their privileges, i, 465 + claim exemption from taxation, i, 381 + from billets of troops, i, 397 + from military service, i, 412 + right of asylum, i, 422 + their right to bear arms, i, 403 + their right to hold office, i, 419 + relegated to secular courts, i, 435 + under Concordia of Castile, i, 436 + their character, i, 447 + their _fuero_ in civil cases, i, 444 + their _fuero_ limited, i, 516 + their qualifications, i, 443, 454; ii, 275, 279, 280, 281, 294 + as witnesses, i, 492 + as bankrupts, i, 445 + their advantages in trade, i, 535 + as feudal vassals, i, 537 + imprisoned for resigning, ii, 212 + their numbers, i, 270, 273, 436, 440, 443, 453, 454, 462, 467; + ii, 217, 274, 276, 283 + confraternity of, ii, 282 + fines imposed on them, ii, 398 + forbidden to make arrests, ii, 492 + must be present at autos, iii, 214, 226 + Moriscos as, iii, 379 + in Portuguese Inqn., iii, 262 + +Familiarships, sale of, ii, 213 + value of, ii, 279 + +Families, inquisitorial, ii, 221 + of officials enjoy the _fuero_, i, 440 + of prisoners, provision for, ii, 499 + +Fanaticism exultant over burnings, iv, 526 + +_Farda_, iii, 333 + +_Farfanes_, i, 45 + +Farmers of revenues, Jews as, i, 98 + +Farming of prebends, ii, 430 + +Farnese, Cardinal, iii, 252, 253, 255, 257 + +Fautorship of heresy, ii, 492 + +Favorites, royal, in 17th cent., iv, 474 + +Feast-days, autos celebrated on, iii, 212 + Moriscos forbidden to work, iii, 370, 375 + profanation of, iv, 502 + +Febronius de Statu Ecclesiæ, iv, 292 + +_Fe de confiscacion_, ii, 318 + +Fees in secular business, i, 463, 468 + of officials, ii, 252 + of Suprema, ii, 200 + of secretaries, ii, 244 + in litigation of officials, ii, 279 + for dispensations, ii, 279 + for investigating limpieza, ii, 302 + for torturer, iii, 17, 35 + for visiting ships, iii, 510, 511, 513, 520 + +Felix of Urgel, his heresy, i, 46 + +Female prisoners, ii, 523, 525, 526 + succession to the throne, iv, 462 + +Fénelon, his persecution, iv, 64 + +Ferdinand and Isabella object to papal legates, i, 15 + restrict spiritual jurisdiction, i, 16, 428 + punish clerical malefactors, i, 17 + their mutual relations, i, 20 + defray cost of Hermandad, i, 33 + re-enact oppressive laws, i, 75, 124 + establish ghettos, i, 78 + expulsion of Jews, i, 135 + ask Sixtus IV for Inquisition, i, 157 + investigate Valladolid Inqn., i, 169, 171 + organize the Inqn., i, 172 + claim the confiscations, ii, 317 + elude the claims of Xeres, ii, 329 + liberate slaves of heretics, ii, 339 + capitulations of Granada, iii, 318 + welcome Portuguese Moors, iii, 319 + their law of censorship, iii, 480 + on diviners, iv, 183 + on export of horses, iv, 278 + on unnatural crime, iv, 362 + their influence, iv, 504 + +Ferdinand the Catholic, his claim to church patronage, i, 13 + his character, i, 20 + his conquest of Granada, i, 21 + instances of liberality, i, 22; ii, 332, 336, 344, 378, 499 + controls the Military Orders, i, 34 + enforces decree of Vienne, i, 71 + his Jewish blood, i, 120 + enforces the _señal_, i, 124 + banishes Jews of Saragossa, i, 132 + requires Jews to denounce apostates, i, 168 + divides the Inquisition, i, 180 + rebukes excesses, i, 187, 265 + insists on obedience, i, 188 + his pleasure in autos de fe, i, 188; iii, 209 + he supports Lucero, i, 196, 209 + suspends the Inqn., i, 199 + abandons Deza, i, 206 + instructions to Charles V, i, 214 + founds Inqn. of Navarre, i, 224 + revives Inqn. of Aragon, i, 230 + his struggle with Sixtus IV, i, 233 + imposes Torquemada on Aragon, i, 238 + breaks down resistance in Valencia, i, 239 + his action in Aragon, i, 246, 254 + forces Inqn. on Catalonia, i, 261 + treatment of Concordia of 1512, i, 272 + his control over Inqn., i, 290, 322 + inculcates rectitude, i, 297 + claims the fines and penances, i, 338 + grants royal jurisdiction, i, 343, 439 + exempts from taxation, i, 376 + right to bear arms, i, 403 + right to hold office, i, 415 + limits privileges in Aragon, i, 466 + Military Orders not exempt, i, 505 + letter to Torquemada, i, 567 + letter to Sixtus IV, i, 590 + excludes bishops from jurisdiction, ii, 6 + evades episcopal concurrence, ii, 11 + opposes papal letters, ii, 110, 111, 116, 117 + obtains papal letters, ii, 112 + threats against refugees, ii, 115 + troubled by citations to Rome, ii, 118 + tribunals wherever necessary, ii, 205 + tries to keep down salaries, ii, 209 + approves hereditary transmission, ii, 219 + leniency to official offenders, ii, 224 + on qualifications of inqrs., ii, 234 + orders consultores to serve, ii, 266 + seeks to restrain familiars, ii, 274 + explains why he confiscates, ii, 317 + grants one-third to feudal lords, ii, 319 + on concealment of property, ii, 322 + pays informers, ii, 323 + on debts due by heretics, ii, 329 + Inqn. made judge of confiscations, ii, 350 + bad faith as to compositions, ii, 353 + enforces composition of Seville, ii, 359 + struggles with receivers, ii, 365 + pious gifts from confiscations, ii, 371 + his lavish grants, ii, 373, 380 + checked by Inqn., ii, 374 + double dealing, ii, 376 + appropriates from confiscations, ii, 378 + spirit of justice, ii, 379 + claims sale of dispensations, ii, 402 + his use of benefices, ii, 415 + obtains grant of prebends, ii, 416, 423 + provides no endowment for Inqn., ii, 433 + uses sequestrated property, ii, 497 + protection of witnesses, ii, 549 + letter to Torquemada, ii, 602 + on diminished confiscations, ii, 603 + objects to paying torturers, iii, 16 + on razing houses, iii, 129 + employs galleys as penance, iii, 140 + enforces the _fuero_ for penitents, iii, 150 + orders prison built, iii, 151 + exempts Moriscos from relapse, iii, 204 + orders officials' presence at autos, iii, 212 + suppresses Granadan revolt, iii, 322 + orders instruction of Moriscos, iii, 327 + orders zealous inquisitors, iii, 328 + his pledges as to Moors of Aragon, iii, 343 + forbids enforced conversion, iii, 344 + yields as to confiscation, iii, 358 + depopulates the southern coast, iii, 384 + favors the Beata de Piedrahita, iv, 7 + on jurisdiction over sorcery, iv, 183 + irregular use of Inqn., iv, 251, 378 + +_Fermosa Fembra, la_, i, 162 + +Fernández, Francisco, his letter of absolution, ii, 105 + +Fernández de Aguilar, Inq.-genl., his death, i, 314 + +Fernando de Aragon on clerical immunity, i, 428; iv, 497 + +Fernando I, his policy, i, 58 + +Fernando III assists the Almohades, i, 48 + favors Jews, i, 69, 89 + +Fernando IV favors Hermandades, i, 29 + protects Jews of Toledo, i, 94 + +Fernando VI rebukes Inqn., i, 364 + forbids carrying arms, i, 411 + limits jurisdiction of Inqn., i, 515; iv, 389 + subjects familiars to taxation, ii, 281 + on non-Catholic recruits, iii, 476 + defends the Index of 1747, iv, 290 + persecutes Masonry, iv, 301 + makes bigamy _mixti fori_, iv, 323 + encourages culture, iv, 387 + taxes church acquisitions, iv, 493 + +Fernando VII places his confessor in Suprema, i, 323 + restores the fuero, i, 521 + Order of Knighthood for officials, ii 283; iv, 431 + suppresses torture, iii, 34 + exclusion of Jews, iii, 314 + political use of Inqn., iv, 277 + persecutes Masonry, iv, 304, 306 + dispossesses his father, iv, 390 + sent to Valençay, iv, 399, 418 + his return--his character, iv, 420 + overthrows the Córtes, iv, 422 + sentences the Liberals, iv, 423 + restores the Inqn., iv, 424 + acts as inquisitor, iv, 430 + his misgovernment, iv, 433 + forced to abolish the Inqn., iv, 436 + his policy, iv, 439 + carried to Seville and Cádiz, iv, 446 + liberated--his faithlessness, iv, 449 + his ruthless proscriptions, iv, 451 + his absolutism, iv, 454 + keeps Inqn. in abeyance, iv, 455 + suppresses Catalan rising, iv, 457 + suppresses _juntas de fe_, iv, 462 + marries Queen Cristina, iv, 462 + revives law of succession, iv, 463, 465 + his death, iv, 466 + +Fernando Noronha, captured by Jews, iii, 280 + +Ferrandez, Juan, his letter of absolution, ii, 105 + +Ferrer, Benito, case of, iii, 47, 60 + +Ferrer, Dr., of Tortosa, his appeal, i, 439 + +Feudalism, its rights undermined, i, 537 + its disappearance, iv, 249 + +Feudal lords threatened, i, 161 + +Feyjoo, Padre, on Masonry, iv, 301 + +Fez, fate of exiled Jews there, i, 139 + +Fictitious confession, ii, 574 + +_Fiestas de toros_, ii, 197, 198 + +Figueroa, Bp., of Segorbe, instructs Moriscos, iii, 369 + +Filippo di Santa Pelagia, iv, 46 + +_Filósofo Rancio, el_, iv, 405 + +Finance, its influence on persecution, ii, 357; iv, 527 + +Finances, exhaustion of Spanish, ii, 374; iii, 337 + of Inqn., ii, 433 + contributions from the Church, i, 331 + control of, i, 328, 336; ii, 190 + of colonial tribunals, i, 332 + its system, ii, 442 + of Inqn. in 1731, ii, 609 + under Restoration, iv, 428 + decree of Sep. 9, 1814, iv, 540 + during suppression, iv, 460 + +Financial services of Jews, i, 86 + +Fineness, standard of, i, 560 + +Fines under Edict of Grace, i, 169; ii, 320 + of clergy of Murcia, i, 421 + on officials, revenue from, ii, 279, 396 + applied to tribunals, ii, 393 + proportioned to their wants, ii, 396; iv, 219 + their productiveness, ii, 398 + enforced by punishments, ii, 399 + substituted for confiscation, iii, 360, 361 + for overcoming torture, iii, 31 + for fraud in limpieza, ii, 304 + for disregarding disabilities, iii, 175, 179 + for solicitation, iv, 129 + for propositions, iv, 144 + +Fines and penances, their abuse, ii, 397 + See also Penances. + +Fire-arms, length of barrel of, i, 402 + their discharge prohibited, i, 408 + +Fire-locks prohibited, i, 404 + +_Firma_, i, 451 + obtained by Villanueva, ii, 145 + +Fiscal, his position, ii, 241 + his early subordination, ii, 242 + assimilated to inqr., ii, 243 + his duties, ii, 480 + his right of appeal, ii, 481; iii, 96 + presents _clamosa_, ii, 489 + his fictitious functions, ii, 491 + presents accusation, iii, 41 + refuses counsel to accused, iii, 44 + present in _consulta de fe_, iii, 72 + not in compurgation, iii, 116 + of Suprema, vote refused to him, i, 324 + +Fish not to be detained for inqrs., i, 534 + +Fitzwilliam, Ellen, pleads for her husband, iii, 460 + +Flagellation of penitents, iv, 116 + +Flanders, Jansenism in, iv, 287 + +Flemings, their greed under Charles V, ii, 381 + +Flemish sailors prosecuted, iii, 448, 462 + +Flight presumed in heresy, ii, 491 + from prison, iii, 157 + +Florence, illuminism in, iv, 43 + Masonry introduced, iv, 299 + +Floridablanca, his account of his services, iv, 486 + +Foch, Johann, case of, iii, 472, 473 + +Fonolleda, Damian de, sent to Rome, ii, 152, 155 + +Fonseca, Abp., favors Erasmus, iii, 417 + +Fontaine, Jacques de la, S. J., iv, 287 + +Fontainebleau, treaty of, iv, 399 + +Food for prisoners, ii, 524, 525, 527, 532 + its cost, ii, 532 + supplied by kindred, ii, 530 + +Forbearance to official offenders, ii, 223 + +Force, use of, in conversion, i, 41; iii, 348 + +Foreign merchants, their property seized, ii, 338 + +Foreigners ineligible for familiars, ii, 279 + their losses by sequestration, ii, 332 + self-confessed, ii, 573 + their number in Spain, iii, 457 + precautions against, iii, 461 + privileges granted to, iii, 464 + watched by spies, iii, 467 + all registered, iii, 472 + freedom of conscience for, iii, 473 + Protestant, cases of, iii, 426, 447, 448 455, 458 + regulations for, iii, 472 + +Forestry laws, iv, 481 + +Forgotten sins, ii, 574 + +Formal heresy, ii, 4 + +Formalities in torture, iii, 4 + +Fornication no sin, ii, 100; iv, 145 + sequestration in, ii, 503 + +_Fortalicium Fidei_, i, 148 + +Forty years' prescription, ii, 328 + +Forum of conscience, heresy in, ii, 20 + +Fourquevaux on French galley-slaves, iii, 459 + +_Frailes_ not to be familiars, i, 443, 454 + their confession of heresy, ii, 22 + sent to the galleys, iii, 142 + +Frampton, John, case of, iii, 446 + +France, Catalonia submits to, i, 477 + inquisitorial process in, ii, 465 + transit to, iii, 271, 278 + Morisco plots with, iii, 386 + exiles pass through, iii, 400, 402, 407 + complains of cruelty, iii, 459 + relations with, iii, 470 + protests against _visitas de navíos_, iii, 517, 518 + mysticism in, iv, 62 + indifference to solicitation, iv, 101 + witchcraft in, iv, 246 + export of horses to, iv, 280 + Jansenism in, iv, 285 + favors Masonry, iv, 300 + intervention of 1823, iv, 447 + the tithe in, iv, 495 + +Franch, Francisco, case of, iii, 44 + +Francis, St., _latria_ due to him, iv, 175 + +Franciscans urge Inqn., i, 152 + claim exemption, ii, 30 + refuse admission to Converses, ii, 287, 293 + Buchanan's satire on, iii, 263 + empowered to absolve Lutherans, iii, 422 + Inqn. used to reform them, iv, 251 + +François de Sales, St., his Quietism, iv, 62 + +Fraud in office deprived of _fuero_, i, 444 + in cases of _limpieza_, ii, 304 + in confiscation, ii, 363 + +Frederic II on disabilities of descendants, iii, 172 + burning for heretics, iii, 183 + +Free Companions, massacres by, i, 102 + +Freedom of press granted, iii, 543; iv, 404 + +Free-Masonry, its origin, iv, 298 + condemned by Rome, iv, 299 + prosecuted in Spain, iv, 300 + its development, iv, 302 + its political activity, iv, 303 + under the Restoration, iv, 304 + number of cases, iv, 305 + influence in 1820-3, iv, 438 + +Free-quarters for troops, i, 394 + +Free-will in Quietism, iv, 57 + +Frejenal, struggle over _sanbenitos_, iii, 167 + +Frenchmen, their number in Spain, iii, 457 + sent to galleys, iii, 459 + not to be molested, iii, 473 + +Friendship with Jews and Moors, i, 75, 100, 111 + +Friday lighting of candles, ii, 566 + +Frigiliana, Count of, on finances of Inqn., i, 335; ii, 440 + +_Fuero_, active and passive, i, 429, 434 + granted to all claimants, i, 468 + protects those in trade, i, 535 + under Valencia Concordia of 1554, i, 440 + for penitents, iii, 150 + +Fuero Juzgo, Jews in, i, 84 + sorcery in, iv, 179 + +Fugitives, number of, i, 263, 267 + effigies of, burnt, i, 183 + prosecution of, iii, 80, 86 + +Furtado de Mendonça, his narrative, iii, 311 + + +Gabriel de Narbonne, case of, iii, 425 + +_Gacis_, iii, 332 + +Gain, incentive of, iv, 527 + +Gains, heretic incapable of making, ii, 335 + +Gag for prisoners, ii, 512 + as punishment, iii, 139 + +Galés, Pedro, case of, iii, 454 + +Galicia pacified by Isabella, i, 25 + opposes the Hermandad, i, 31 + outrages of billeted troops, i, 396 + tribunal of, i, 547 + its methods of torture, iii, 21 + severity of its tribunal, iii, 236 + precautions against Lutheranism, iii, 422 + witch-craze in, iv, 221 + +Galileo, his _Dialogo_, iii, 536 + +Gallardo, his _Gabinete de Curiosidades_, iii, 545 + his _Diccionario crítico-burlesco_, iv, 409 + +Galley-service as penance, iii, 139 + superseded by presidios, iii, 145 + transfer of culprits, iii, 210 + Frenchmen condemned to, iii, 459 + for various offences, iv, 128, 129, 316, 321, 331, 334, 338, 342, 345 + redemption of, ii, 411 + +Galley-slaves reclaimed by Inqn., iii, 143 + +Gallicanism, tendency to, iv, 292 + influence of, iv, 386 + +Gallois, his statistics, iv, 518 + +Gambling, forbidden to priests, i, 10 + inqrs. to be moderate in, ii, 227 + its prohibition, as penance, iii, 133 + +Gams, Father, on Spanish peculiarities, i, 35 + on Inqn., iv, 248 + his statistics of burnings, iv, 517 + +_Ganancias_, ii, 334 + +Gandía, rout of, iii, 346 + +Gandía, Duke of, ships his Moriscos, iii, 396 + +Gaol-breaking, ii, 513; iii, 156 + +Gaoler, the, ii, 247 + his duties, ii, 515, 519 + pays expenses of prison, ii, 529 + prebend granted to, ii, 417 + +Gaols, condition of, ii, 509 + +_Gaon_, Jewish, i, 87 + +Garau, Father, on Conversos, ii, 312 + describes burnings, iv, 526 + +García, Pablo, his _Orden de Procesar_, ii, 475 + on non-performance of sentence, iii, 102 + on acquittal, iii, 107 + on compurgation, iii, 117 + +Garments, Moorish, prohibited, iii, 332, 335, 342 + +Garrote before burning, i, 263; iii, 192, 193, 194 + +_Garrotes_, iii, 19 + +_Garrucha_, iii, 18 + +Gaspar de Toledo, confessor of Philip III, iv, 498 + +_Gastos extraordinarios_, ii, 393 + +Geltruda, burnt for Molinism, iv, 62 + +Genealogies of accused recorded, ii, 260; iii, 38 + required of officials, ii, 296 + importance of, ii, 256 + registers of, ii, 288 + +General Inquisition, ii, 238 + +General utility, iv, 378 + miscellaneous duties assumed, iv, 379, 382 + Jesuits aided against Dominicans, iv, 380 + wheat-famine in Granada, iv, 381 + quarantine work, iv, 381 + +_Generales de la ley_, ii, 539 + +Genoa, mystics in, iv, 45 + +Gentility, privileges of, iii, 100 + +Gentlemen ineligible as familiars, ii, 281 + sent to galleys, iii, 141 + sent to presidios, iii, 144 + +Germaine, Queen, grant to her, ii, 377 + +Germanía of Valencia, iii, 346; iv, 362 + Inqn. invoked against, iv, 252 + +Germany indifferent to solicitation, iv, 101 + witchcraft in, iv, 246 + priestly marriage in, iv, 337 + +Gerona, attacks on Jews, i, 92, 93, 119 + auto de fe in, i, 264 + +Gerónimites defend New Christians, i, 153 + exclude New Christians, ii, 286 + of San Isidro, iii, 427, 447, 448 + +Gerónimo de la Madre de Dios, iv, 5, 26 + +Gerson, John, on visions, iv, 4 + +Gesner, Conrad, _de Piscibus_, iii, 488 + +Ghettos, establishment of, i, 77 + +Ghiberti, Matteo, his severity, iv, 97 + +Gibraltar, Jews offer to purchase, i, 123 + Jews and Moors excluded, iii, 312 + +_Gigantones_, iv, 503 + +Gil, Juan, see Egidio + +Giudice, Inq.-genl., i, 314, 318, 319 + shields Canary tribunal, i, 349 + +Goa, its tribunal, iii, 261, 271, 310 + +God not to be asked for anything, iv, 8, 26, 28 + +Godoy, Manuel, his career, iv, 390 + reaction under, iv, 295 + his variable influence, iv, 313 + plot against him, iv, 393 + his fall from power, iv, 399 + +Goes, Damião de, his persecution, iii, 264 + +Gold coinage, i, 560 + +Gómez, Mari, her release, iii, 556 + +Gonsales, María, her confession, ii, 459 + +Gonsalvo the Painter, case of, iii, 413 + +González, Andrés, case of, ii, 2, 460 + +González, Diego, has charge of Carranza, ii, 68, 79 + +González de Mendoza urges expulsion of Moors, iii, 319 + +González, Tirso, combats Jansenism, iv, 288 + +Gosa, Dr. Juan de, his opinion, ii, 338 + +Gossip as evidence, ii, 563 + +Government by favorites, iv, 474 + loans, investments in, ii, 439, 444 + +Gowrie, Earl of, his corpse tried, iii, 81 + +Goya, his _Caprichos_, iii, 547 + +Grace, Edict of, see Edict + +Grain, import and export of, i, 385 + price of, fixed, iv, 479 + +Granada pays tribute to Castile, i, 49 + treaties with Aragon, i, 55 + offer of Moriscos to Charles V, i, 222, 585 + its Inqn., i, 548 + right of asylum, i, 422 + advantage of penitents in, iii, 150 + discipline of its prison, iii, 155 + _sanbenitos_ removed from Cathedral, iii, 168 + capitulations of 1492, iii, 318 + forcible conversion, iii, 320 + Moriscos relieved from Inqn., iii, 323 + oppression of Moriscos, iii, 331 + Edict of 1526, iii, 332, 335 + rebellion of 1568, iii, 336 + +Granada, Morisco expulsion, iii, 398 + Moriscos in 1728, iii, 406 + quarrels with Chancillería, i, 364, 486, 488, 517; ii, 351, 360 + solicitation subjected to Inqn., iv, 99 + congregation of 1526, iv, 212 + fictitious martyrs, iv, 357 + wheat famine in, iv, 381 + wealth of clergy of, iv, 494 + +_Granata, la_, in Seville, iv, 30 + +Grand Orient of Madrid, iv, 302 + +Grants from confiscations, ii, 373, 380 + of commutations, ii, 410 + +Gratuities given by Suprema, ii, 197 + +Gravina, Nuncio, contest with Córtes, iv, 415, 417 + +Great Britain, witchcraft in, iv, 246 + +Grégoire, Bp., his letters on the Inqn., iv, 397 + +Gregory I on Jews, i, 39 + +Gregory IV on forcible conversion, i, 41 + +Gregory VII on office holding by Jews, i, 86 + +Gregory IX on badges for Jews, i, 69 + +Gregory XI on friendship with Moors, i, 56 + +Gregory XIII on Jews, i, 36, 75 + on abuse of privileges, i, 454 + exempts Jesuits from Inqn., ii, 33 + revises Carranza's trial, ii, 81 + wishes to subordinate Spanish Inqn., ii, 128 + excludes heresy from indulgences, ii, 25 + admits refugees to Rome, ii, 129 + seeks to limit _limpieza_, ii, 306 + exempts from irregularity, iii, 189 + confiscations in Portugal, iii, 260 + licenses Jesuits to read prohibited books, iii, 522 + encourages María de la Visitacion, iv, 84 + grants jurisdiction in personating priesthood, iv, 341 + +Gregory XV causes Aliaga's resignation, i, 308 + orders expulsion of heretics, iii, 470 + annuls all licences, iii, 523 + on solicitation, iv, 100 + on sorcery, iv, 244 + +Green cross, procession of, iii, 216 + +Guaccio, his _Compendium Maleficarum_, iv, 244 + +Guadalajara, number of cases in, i, 170 + mystics of, iv, 4, 7 + +Guadalupe, Inqn. of, i, 171, 548; ii, 367 + trials of the absent, iii, 88 + +_Guadoc_, iii, 329 + +Gualbes, Cristobal de, i, 230, 233, 235, 237 + +Guanzelli da Brisighella, his Index, iii, 492 + +Guerrero, Abp., on Carranza's Commentaries, ii, 60, 81 + causes rebellion of Granada, iii, 334 + seeks to repress solicitation, iv, 99 + +Guevara, Ant. de, labors in Granada, iii 331 + in Valencia, iii, 348, 355 + +Guevara, Inq.-genl., on unfitness of inqrs., i, 299 + his resignation, i, 306 + +Guicciardini on Spanish indolence, iv 484 + +_Guida spirituale_ of Molinos, iv, 49, 50 54, 68 + +Guienne, seizure of refugees, iii, 278 + +Guilds and confraternities, i, 445 + +Guilt, assumption of, ii, 465, 482 + +Guimeras, the, their hardships, ii, 354 + +Guipúzcoa, complaints of clergy, i, 16 + exclusion of Conversos, ii, 285 + witch-craze in, iv, 221 + +Guiral, Inqr., his peculations, i, 190 + +Gutiérrez, Alfonso, seeks to remove secrecy, i, 221 + +Guyon, Madame de la Mothe, iv, 63 + +Guzman, his service with Moors, i, 56 + + +Habilitation of mechanic arts, iv, 487 + +Habit, the penitential, ii, 401; iii, 162 + +_Habitelli_, iii, 172 + +Hansa, privileges of the, iii, 463, 467 + +Hardships from violated compositions, ii, 355 + +Half-pay in jubilation, ii, 224 + +Haro, sales of land forbidden in, i, 122 + +Haste in early trials, iii, 76 + +Hatred of Inquisition, i, 469, 538 + of laity for clergy, iv, 496, 497 + +Havana, its capture planned by Jews, iii, 280 + Frenchmen arrested in, iii, 459 + +_Hebræomastix_, i, 115 + +Hefele, Bp., on the Inqn., iv, 248 + +Heirs of dead, their citation, iii, 83 + +Henna, staining nails with, iii, 329, 335 + use of, as evidence, ii, 566 + +Henríquez, Henrique, his book condemned, iii, 534 + +Henry of Portugal, iii, 242, 245, 247, 248, 249, 252, 259, 261, 265; iv 22 + +Henry, Infante, serves King of Tunis, i, 57 + +Henry I, his concessions, i, 3 + +Henry II orders badges for Jews and Moors, i, 69 + persecutes Jews, i, 101, 103 + represses Ferran Martínez, i, 104 + +Henry III represses Ferran Martínez, i, 105 + promises protection to Jews, i, 115 + claims half of confiscations, ii, 316 + on divination, iv, 182 + +Henry IV, his deposition, i, 4 + his improvident grants, i, 7 + his treatment of his daughter, i, 19 + encourages the Hermandad, i, 30 + employs Moorish troops, i, 55 + favors Jews, i, 122 + on Judaizing New Christians, i, 152 + punishment for blasphemy, iv, 328 + +Henry IV (France), his plots with Moriscos, iii, 386 + +Henry VIII (England), his list of prohibited books, iii, 484 + +Heredia, Diego de, iv, 259, 262, 263, 266, 271, 282 + +Hereditary offices, ii, 219 + +_Hereges flagelantes_, iv, 117 + +Heresiarchs, fate of, iii, 200 + +Heresy, its denunciation required, i, 168 + it disables kings, i, 340 + duty of exterminating it, ii, 1 + in children, ii, 3 + grades of, ii, 4 + exclusive jurisdiction of, ii, 8; iii, 187 + inferential, ii, 10; iii, 207 + a reserved papal case, ii, 19 + occult, absolution for, ii, 19, 22 + formal, absolution for, ii, 23 + in trials of dead, iii, 84 + in clerics, iii, 181 + absolution under indulgences, ii, 25 + acquittal never final, ii, 137, 142; iii, 107 + it infects everything, ii, 337 + flight presumed in, ii, 491 + fautorship of, ii, 492 + a condition of sequestration, ii, 503 + scourging for, iii, 136 + burning for, iii, 183 + requires reconciliation, iii, 146 + in refusal to burn heretics, iii, 185 + in revolutionary principles, iii, 543 + in solicitation, iv, 99, 113, 121 + in propositions, iv, 143, 146 + in sorcery, iv, 185 + in exporting horses, iv, 281 + of Jansenism, iv, 285 + in bigamy, iv, 316, 317, 319 + in blasphemy, iv, 329, 331 + in priestly marriage, iv, 338 + or sanctity, iv, 16 + +Heretic, the last, executed in Spain, iv, 461 + +Heretics, extradition of, i, 252 + never to be alluded to, ii, 55 + their benefices enure to pope, ii, 319 + invalidity of their acts, ii, 325, 327 + claims of their creditors, ii, 328 + incapable of making gains, ii, 335 + forfeiture of ships carrying, ii, 338 + confiscated in person, ii, 340 + incapable of inheritance, ii, 348 + outlawry of, iii, 388 + their oaths not received, iii, 467 + advocates must not defend, iii, 48 + exhumation of corpses, iii, 80 + foreign, regulations for, iii, 464, 472, 473, 475 + +Hergenrother, Card., on Inqn., iv, 248 + +Heriot, iv, 496 + +_Hermandad de S. Pedro Martir_, ii, 282 + _la Santa_, i, 29 + +Hermaphrodites punished, iv, 187 + +Hernia, torture in cases of, iii, 15 + +Hernández Diego, iii, 416 + +Hernández, Francisca, iii, 416; iv, 9 + +Hernández, Julian, iii, 427, 429, 445 + +Herraiz, Isabel Maria, iii, 208; iv, 90 + +Herrera, prophetess of, her arrest, i, 186 + her followers burnt, iv, 520 + +Herrezuelo, Antonio de, iii, 429, 431, 440 + +_Hidalguía_, privileges of, i, 375, 396; iv, 478 + +Hindu converts, iii, 261 + +Hojeda, Alonso de, urges Inquisition, i, 154, 163 + +Holy Alliance on Liberalism, iv, 444 + intervenes in Spain, iv, 445 + +Holy See, its supreme jurisdiction, ii, 160 + rupture with, iv, 441 + +Holland, emigration to, iii, 279 + protests against visitas de navíos, iii, 517 + +_Honestas personas_, ii, 544 + +Honey and feathers as penance, iii, 133 + +Honey, case of load of, iii, 287 + +Honorary officials, ii, 216 + +Honorius III on badges for Jews, i, 69 + +Honorius IV on disabilities of descendants, iii, 173 + +Hornachos, Moriscos of, iii, 342 + +Horses, export of, iv, 278 + +Horstmann, J. Heinrich, case of, iii, 477 + +Hospitals, sick transferred to, ii, 523 + insane sent to, iii, 59 + service in, as penance, iii, 145 + used as prisons, iii, 151 + +Host, sacrilege on, by Jews, i, 116 + insults to it, iv, 355, 432 + +Hostegesis, Bp., of Málaga, i, 46 + +Hostility, racial, stimulated, i, 75, 81 + to Inquisition, i, 214, 527 + +Hours of the Virgin in Romance prohibited, iii, 528 + of work not observed, ii, 226 + +Houses, appropriation of, i, 527 + rented for tribunals, ii, 206 + private, used as prisons, iii, 151 + furnished to officials, ii, 195, 208, 218 + rents paid from penances, ii, 394 + of officials and familiars as asylums, i, 422 + razing of, iii, 128, 207; iv, 266 + +Huesca, tribunal of, i, 548 + College of Santiago, i, 456 + episcopal edict of faith, ii, 7 + +Huguenots in Spain, iii, 450, 458, 471 + +Humanity to prisoners, ii, 524, 525 + +Hunting licences granted, iv, 383 + +Husbands liable for wives' dowries, ii, 334, 341 + +Hypnotism in mysticism, iv, 2 + in witchcraft, iv, 220 + +Hysteria in demoniacal possession, iv, 350 + + +Ideal of Inqn., ii, 483 + +Identification of accused, ii, 553 + of witnesses prevented, iii, 53 + +Idiaquez, Fran. de, on Moriscos, iii, 391 + +Ignorance as extenuation, iii, 63 + +Illescas, Abbot, on Protestants, iii, 432, 440, 444 + expurgation of his book, iii, 498 + +Illness, removal from prison during, ii, 505, 523 + torture during, iii, 15 + +Illuminism, ii, 135; iv, 4, 9 + in the Edict of Faith, iv, 18, 24 + in Extremadura, iv, 20 + taught by Caldera, iv, 29 + errors ascribed to, iv, 30 + is formal heresy, iv, 34 + treatment of, iv, 35 + in Italy, iv, 43 + mystic, iv, 73 + +Illuminists of Llerena, iv, 23 + of Seville burnt, iv, 34 + +Illusion in witchcraft, iv, 208, 212, 217, 219, 229, 231, 237 + +_Iluso_, iv, 79 + +Images, irreverent, suppressed, iii, 546 + outrages on, iii, 100; iv, 352, 391 + +Immaculate Conception, iv, 359 + controversy over it, iv, 359 + jurisdiction, iv, 360 + censorship over books, iv, 361 + +Immorality in mysticism, iv, 9, 23, 25, 31, 35, 42, 43, 56, 57, 61, 70, 74 + of 17th century, iv, 510 + +Immunity of clergy disregarded, i, 16, 428; iv, 497 + of officials, i, 265 + for false-witness, ii, 557 + +Impartiality to be preserved, ii, 483 + +Impeccability of mystics, iv, 2, 8, 31, 43, 55, 56, 74 + +Impeding the Inqn., i, 341; ii, 472, 492 + case of Ant. Pérez, iv, 260, 268, 269 + +Imperfect confession, ii, 574 + +Importation of grain, i, 385 + +Imports supervised by Inqn., iii, 505 + of books, iii, 489, 505, 507, 508 + of vellon coinage, iv, 283 + +Impostors, mystic, iv, 81, 86, 87, 88 + in Italy, iv, 44 + in sorcery, iv, 197, 201 + +Imposture of personating officials, iv, 345 + of demoniacal possession, iv, 351 + +Imposts on Moriscos, iii, 377 + +Imprisonment destroys _limpieza_, i, 357, 510, 512; + ii, 311, 334, 340; iii, 177 + dread of, ii, 511 + nature of, ii, 509, 514, 515, 518, 519 + as torture, iii, 4 + escape from, iii, 103 + sentences to, iii, 158 + _cum_ and _absque misericordia_, iii, 159 + +Improvidence of the tribunals, ii, 435 + +Impurity of blood, consequences of, ii, 297 + through penance, ii, 299 + limitation on, ii, 306 + its infection, ii, 310 + +_In absentia_, trials, iii, 86 + +_In caput alienum_, torture, iii, 12 + +Income from canonries, ii, 431 + of Church of Toledo, iv, 493 + +Income-tax, exemption from, i, 384 + +_Incomunicado_, ii, 494, 513 + +_In conspectu tormentorum_, iii, 6 + +Incriminating questions forbidden, ii, 466 + +Incubus, an illusion, iv, 220, 231 + +Indecency of exorciser, iv, 352 + +Independence, financial, of Inqn., i, 328 + claimed by Inqn., i, 342 + of Spanish censorship, iii, 535 + +_Index Librorum Prohibitorum_, iii, 484 + earliest Spanish, iii, 485 + expurgatory, of Bibles, iii, 486 + Tridentine, iii, 492 + expurgatory, iii, 492, 494 + of Brisighella, iii, 492 + of Quiroga, iii, 493 + successive Indexes, iii, 495 + classification of authors, iii, 500 + of defamatory writings, iii, 531 + lascivious books, iii, 545 + astrology placed in, iv, 193 + uncanonized saints, iv, 357 + +Indexes to registers, ii, 256, 259 + +Indian Bibles suppressed, iii, 529 + +Indies, trading with, by Conversos, ii, 357 + tribunals modify sentences, iii, 98 + +_Indirectas_, iii, 63 + +Indolence, Spanish, iv, 483 + +Indulgences not to include heresy, ii, 25 + for disregarding papal letters, ii, 106 + for bringing wood to stake, iii, 184 + for attending autos, iii, 209 + +Industry, disdain for, i, 2; iv, 485 + of Mudéjares, i, 66 + effect of confiscation on, ii, 386 + burdens on, iv, 479 + +_In eminenti_, bull, iv, 299 + +Infamy caused by prison, i, 510, 512 + by arrest, ii, 311, 490, 492 + of impurity of blood, ii, 297 + perpetuated by _sanbenitos_, iii, 166 + no disqualification for witnesses, ii, 538 + +Infantado, Duke del, shares in confiscations, ii, 319 + +Infanzones, their right of asylum, i, 422 + +Infection shed by heresy, ii, 337 + +Infidel, warlike exports to the, iv, 279 + +Influence of Edict of Faith, ii, 99 + of confiscation, ii, 386 + of unjust taxation, iv, 478 + of intolerance, iv, 505 + of Inquisition, iv, 138, 507 + of delation, iv, 515 + on intellectual development, iv, 528 + +_Informacion de moribus_, ii, 251 + +Informers, secrecy enforced on, ii, 473 + as to property, ii, 323 + +Inhibition, power of, i, 355 + certificates of, i, 495 + +Innocence, assertion of, ii, 584 + information concerning, ii, 256 + +Innocent III on Jews, i, 81 + prohibits vernacular Bible, iii, 527 + +Innocent IV orders expulsion of Moors, i, 60 + on badges for Jews, i, 69 + subjects friars to Inqn., ii, 30 + on dowries, ii, 325 + +Innocent VIII recommissions Torquemada, i, 176 + removes old inqrs., i, 239, 263 + orders extradition of heretics, i, 253 + on absolution of heresy, ii, 20 + subjects friars to Inqn., ii, 30 + reserves jurisdiction over bps., ii, 41 + plays fast and loose with appeals, ii, 111, 591 + on exclusion of Conversos, ii, 286 + on qualifications of inqrs., ii, 234 + asks mercy for the reconciled, ii, 335 + his quinquennial indult, ii, 416 + diminishes disabilities, iii, 173 + on duty of burning, iii, 186 + stimulates witchcraft, iv, 207 + +Innocent X, his action in Villanueva's case, ii, 147, 150, 154, 156 + encourages Inqn. of Portugal, iii, 282 + +Innocent XI reforms Portuguese Inqn., iii, 288 + condemns the _Mística Ciudad_, iv, 40 + favors Molinos, iv, 49 + his bull _Coelestis Pastor_, iv, 59 + protects Card. Noris, iv, 285 + condemns _Plomos del Sacromonte_, iv, 358 + +Innocent XII commends Fénelon, iv, 67 + protects Jansenists, iv, 287 + +Innocent XIII restricts number of clergy, iv, 492 + +Inns, foreigners forbidden to keep, iii, 465 + +_Inquisitio_, ii, 478 + in case of Ant. Pérez, iv, 258 + +Inquisition of Portugal-- + negotiations with Rome, iii, 239 + Inqn. established, iii, 245 + has jurisdiction over bps., ii, 87 + its activity, iii, 247, 259, 265, 273, 283, 290, 308, 310 + non-residence of officials, iii, 248 + investigation into, iii, 251 + transaction establishing it, iii, 253, 257 + suppression of names, iii, 257 + confiscation, iii, 260, 282, 288 + its organization, iii, 262 + intellectual influence, iii, 263 + under Spanish rule, iii, 265 + obtains canonries, iii, 266 + urges stronger action, iii, 275 + under João IV, iii, 280 + opposes reforms, iii, 286 + resists papal interference, iii, 289 + its suspension removed, iii, 290 + Pombal's reform, iii, 310 + cédula of January 17, 1619, iii, 558 + persecutes Masonry, iv, 302 + unnatural crime, iv, 365 + +Inquisition of Rome-- + protection of officials, i, 368, 436 + annuls papal pardons, ii, 107 + not to interfere with Spanish Inqn., ii, 128 + rarely imposes fines, ii, 400 + secrecy, ii, 470 + sequestration, ii, 495 + denies sacraments to prisoners, ii, 520 + husbands and wives as witnesses, ii, 538 + confrontation, ii, 553 + use of torture, iii, 3 + accused does not pay torturer, iii, 35 + procedure reformed by Pius VII, iii, 92 + acquittal, iii, 105 + suspension, iii, 106 + compurgation, iii, 119 + scourging, iii, 136 + galleys as penance, iii, 146 + removes _sanbenitos_ from churches, iii, 172 + its judgements final, iii, 186 + judgements of blood, iii, 189 + strangulation before burning, iii, 193 + personating priesthood, iii, 207; iv, 340 + discards use of mitres, iii, 215 + autos held in churches, iii, 222 + intercourse with heretics, iii, 465 + forbids residence of heretics, iii, 470 + mystic extravagance, iv, 45 + persecutes Pelagini, iv, 46, 48 + solicitation, iv, 100, 108, 109, 112, 121, 122, 124, 128, 130 + witchcraft, iv, 242 + bigamy, iv, 321 + blasphemy, iv, 333 + prosecutes exorciser, iv, 352 + seal of confession, iv, 377 + +Inquisition of Spain-- + asked for in 1451, i, 147 + episcopal Inqn. ordered in 1464, i, 153 + attempt by Sixtus IV in 1475, i, 154 + founded in 1480, i, 160 + Castile receives it, i, 161 + imposed on Navarre, i, 223 + resistance in Valencia, i, 239 + in Aragon, i, 244 + in Catalonia, i, 260 + received by Majorca, i, 266 + relations with the State, i, 289 + subordination under Ferdinand, i, 289 + growth of independence under Hapsburgs, i, 325 + culminating under Carlos II, iv, 512 + Bourbons reassert control, i, 348 + powers which gave it predominance, i, 351 + excommunication and inhibition, i, 355 + it defines its own powers, iii, 539 + frames its own rules, i, 181; ii, 477 + keeps them secret, ii, 475, 606 + prescribes its punishments, iii, 393 + a crime to examine its methods, iv, 261 + superior to all law, i, 265, 365 + has royal jurisdiction over its officials, i, 345, 429 + privileges and exemptions, i, 375 + resistance in Valencia, i, 435 + in Aragon, i, 450 + in Catalonia, i, 465 + conflicts with civil authorities, i, 484 + with spiritual courts, i, 493 + popular hatred thence arising, i, 527 + jurisdiction over heresy, ii, 1 + enforced on regular Orders, ii, 29 + bishops exempted, ii, 41 + device of the Edict of Faith, ii, 91 + appeals to Rome, ii, 103 + organization, ii, 161 + the Suprema becomes the governing power, ii, 167 + organization of the tribunals, ii, 205 + limpieza, or purity of blood, ii, 285 + finances--are kept secret, i, 325 + confiscation the chief support, ii, 315 + fines and penances, ii, 389 + dispensations, ii, 401 + benefices, ii, 415 + system of management, ii, 453 + practice--the Edict of Grace, ii, 457 + the inquisitorial process, ii, 465, + arrest and sequestration, ii, 485 + the secret prison, ii, 507 + character of evidence, ii, 535 + confession of the accused, ii, 569 + the use of torture, iii, 1 + conduct of the trial, iii, 36 + the defence, iii, 56 + the _consulta de fe_, iii, 71 + the sentence, iii, 93 + compurgation, iii, 113 + minor penalties, iii, 121 + harsher penalties, iii, 135 + sanbenitos in churches, iii, 164 + the _quemadero_--burning, iii, 183 + responsibility for it, iii, 184 + the auto de fe, iii, 209 + persecution of Jews, iii, 231 + the Portuguese Inqn., iii, 237 + disappearance of Judaism, iii, 311 + persecution of Moriscos, iii, 317 + their expulsion, iii, 393 + persecution of Protestantism, iii, 411 + policy with foreigners, iii, 457 + censorship, iii, 480 + censorship, the Indexes, iii, 484 + visitos de navíos, iii, 510 + independence from Rome, iii, 533 + mysticism, iv, 1 + in Italy, iv, 42 + in France, iv, 62 + Molinism, iv, 68 + solicitation, iv, 95 + propositions, iv, 138 + sorcery and occult arts, iv, 179 + astrology forbidden, iv, 192 + witchcraft, iv, 206 + rationalistic treatment, iv, 231 + political activity, iv, 248 + case of Antonio Pérez, iv, 253 + subservience to the crown, iv, 276 + export of horses, iv, 278 + Jansenism, iv, 284 + Free-Masonry, iv, 298 + philosophism, iv, 307 + bigamy, iv, 316 + blasphemy, iv, 328 + marriage in Orders, iv, 336 + personation of priesthood, iv, 339 + of officials, iv, 344 + demoniacal possession, iv, 348 + outrages on images, iv, 352 + uncanonized saints, iv, 355 + the Immaculate Conception, iv, 359 + unnatural crime, iv, 361 + usury, iv, 371 + morals, iv, 375 + the seal of confession, iv, 377 + general utility, iv, 378 + decadence under the Bourbons, iv, 386 + action on the _Dos de Mayo_, iv, 400, 539 + suppression by the Córtes in 1813, iv, 407 + re-establishment in the Restoration, iv, 424 + suppression in 1820, iv, 436, 541 + dormant under the reaction, iv, 458 + definitely abolished in 1834, iv, 467, 545 + its object the saving of souls, ii, 482, 569; iii, 196 + its service in preserving peace, iv, 507 + contemporary opinion, iv, 508, 514 + indifference to morals, iv, 509 + influence on prosperity, iv, 504 + on national character, iv, 138, 531 + on Spanish intellect, iv, 138, 148, 528 + statistics of its operations, iv, 517 + its greed, iv, 527 + +_Inquisidor de las Galeras_, i, 541 + +Inquisitorial process, ii, 465 + +Inquisitors-general, list of, i, 556 + four appointed, i, 178 + formula of commission, i, 176, 303, 612 + its duration, ii, 161 + appointed by King, i, 302 + resignations, i, 304 + appointing power, i, 290, 298, 302; ii, 161, 167, 237 + delegate power to Suprema, i, 322 + appellate jurisdiction, ii, 129, 187 + effect of their death, ii, 162 + fix salaries, ii, 163 + their salary, ii, 165, 196 + their power diminished, ii, 166, 177, 178 + have but one vote in Suprema, ii, 168 + struggle with Suprema, ii, 173 + lose control of finances, ii, 192 + grant commutations, ii, 409 + grant licences for prohibited books, iii, 522 + +Inquisitors, first appointment of, i, 160 + their qualifications, i, 188; ii, 233, 237 + their appointing power, i, 177; ii, 237, 280 + their inviolability, i, 214, 368 + their coercive powers, i, 355 + claim superiority, i, 357 + privileges in travelling, i, 395 + judges in their own suits, i, 437 + equality with judges, i, 520 + proclamation on taking office, i, 617 + delegated by bps., ii, 12 + have no spiritual functions, ii, 21, 569 + are excommunicated, ii, 120, 123 + their commissions, ii, 161, 595 + their early independence, ii, 179 + their authority, ii, 205, 233 + are judges of confiscations, ii, 209, 350 + deputize their duties, ii, 218 + rarely dismissed, ii, 224 + cannot punish officials, ii, 225 + must abstain from outside business, ii, 227 + employed as inspectors, ii, 228 + their visitations, ii, 238 + two required for action, ii, 241 + act as fiscals, ii, 243 + are prosecutors, ii, 479 + retain papers, ii, 257 + cannot grant commutations, ii, 409 + examine witnesses, ii, 541 + conduct ratification of evidence, ii, 544 + must draw up the publication, iii, 54 + control defence, iii, 64, 543 + must examine accused, iii, 70 + cannot modify sentences, iii, 98 + both must be present at auto, iii, 212 + grant licences to print, iii, 483 + +_Insaculacion_, i, 415, 455 + +Insane, the, as witnesses, ii, 538 + +Insanity, punishment for, ii, 495 + torture in cases of, iii, 8 + as a defence, iii, 58 + +Insecurity of titles, ii, 327, 339, 346 + caused by confiscation, ii, 345 + +Inspection, its routine, ii, 228, 229 + of prisons, ii, 509, 524, 525; iii, 153 + +Inspectors, ii, 227 + of books, iii, 501 + +Instruction of New Christians attempted, i, 155 + of converts neglected, iii, 231 + of Moriscos, attempts at, iii, 366 + +_Instruciones Antiguas_, i, 181 + _Nuevas_, i, 182 + of Mercader, i, 273 + issued by command of the crown, i, 291; ii, 163 + by Suprema, ii, 162 + to inq.-genl., i, 299, 300, 301 + of December, 1484, i, 571 + of January, 1485, i, 576 + of 1500, i, 579 + kept secret, ii, 475, 606 + for witchcraft cases, iv, 219 + of 1614 on witchcraft, iv, 235 + Roman, of 1657, iv, 244 + +Insult to Inq. of Valladolid, iv, 432 + +Insults to images, iv, 352 + +Insurance against confiscation, ii, 353 + +Intellect, Spanish, influence of Inqn. on, iv, 138, 148, 528 + +Intention, denial of, ii, 576; iii, 199 + torture for, ii, 576 + +Intercommunication of records, ii, 260 + +Intercourse with Moors and Jews, i, 55, 75, 117 + +Interdict, power of, i, 355 + abuse of, i, 120, 187, 495, 514 + +Interest, rates of, i, 97 + +Interim, priestly marriage in, iv, 337 + +Intermarriage of Moriscos, iii, 380 + of New and Old Christians, i, 120 + in Portugal, iii, 238 + +_Inter multiplices_, bull, iii, 107 + +Internal heresy, ii, 4 + +Interpreters, two required, ii, 182 + +Interrogatories in inspections, ii, 229 + of witnesses, ii, 542 + for defence, ii, 593; iii, 64 + +Interval before ratification, ii, 546 + +Intolerance, rise of, i, 59 + its results, iv, 504 + its prevalence, iv, 531 + +Intoxication, plea of, iii, 63 + +Invalidity of acts by heretics, ii, 325, 327 + +Invasion of secular jurisdiction, i, 431 + the French, in 1823, iv, 447 + +Inventory at sequestration, ii, 496 + charged to receiver, ii, 341 + +Investments of tribunals controlled by Suprema, ii, 191 + converted to government loans, ii, 203 + of Suprema, ii, 201 + +Investigation into _limpieza_, ii, 301 + +Inviolability, i, 367 + +Invocation of demon, iv, 199 + +Irregularity in judgements of blood, i, 273; iii, 184, 188 + +Irremissible prison redeemed, ii, 411 + +Irresponsibility of Inqn., i, 341; ii, 181, 478 + +Irreverence to sacred objects, iv, 353 + +Isabel de la Cruz, a mystic, iv, 7 + +Isabella the Catholic appoints Ximenes to Toledo, i, 14 + her character, i, 22 + her enforcement of jurisdiction, i, 24, 28 + her vigilant justice, i, 26 + her share in government, i, 27 + expels Jews of Andalusia, i, 131 + disregards appeals for Inquisition, i, 155 + delays organization of Inquisition, i, 160 + intercedes for a servant, ii, 114 + seeks to avoid appeals to Rome, ii, 108 + revision of criminal procedure, ii, 466 + converts Moors of Castile, iii, 324 + +Isabella, Empress, violates privileges of Inqn., i, 304, 404 + on _fuero_ of servants, i, 433 + +Isabella II recognized as queen, iv, 465 + +Isidor of Seville (St.) on Jews, i, 40 + +Islam, toleration under, i, 45 + disappears from Spain, iii, 405 + +Isolation of prisoners, ii, 515 + of Spain, iii, 411, 449 + +Italy, Mendicant Orders subjected to Inqn., ii, 33 + Portuguese Conversos invited, iii, 253 + mysticism, iv, 42 + witchcraft, iv, 242 + unnatural crime, iv, 365 + +Itinerant tribunals, ii, 206 + + +Jaen, tribunal of, i, 166, 548; iii, 332 + its cruelties, i, 211, 213; ii, 526, 529 + exclusion of Conversos, ii, 290 + case of the chapter of, ii, 346 + complaint of false witness, ii, 555 + as to advocates, iii, 45, 48 + +Jaime I, his relations with Moors, i, 55 + refuses to expel Moors, i, 70 + presides over disputation, i, 90 + authorizes conversion by preaching, i, 91 + restrains persecution, i, 92 + on confiscation, iii, 359 + prohibits vernacular Bible, iii, 527 + +Jaime II, his treaties with Moors, i, 55 + protects Jews, i, 89 + the Jews of Palma, i, 93 + his use of Inquisition, i, 94 + +Jansenism, iv, 284 + nature of the heresy, iv, 285, 292 + struggle in Flanders, iv, 287 + Index of Prado y Cuesta, iv, 289 + its development, iv, 293 + reaction under Godoy, iv, 295 + its disappearance, iv, 297 + is Masonry, iv, 298 + is Liberalism, iv, 455 + +Jeanne of Navarre pillages Jews, i, 100 + +Jehoshua Ha-Lorqui, i, 115 + +Jesi, Quietists in, iv, 54 + +Jesuit member of Suprema, i, 323 + +Jesuits of Palermo, their drama, i, 370 + claim exemption from Inqn., ii, 33 + case of Padre Briviesca, ii, 34 + struggle to escape jurisdiction, ii, 36 + licensed to read prohibited books, iii, 522 + attacked by Universities, iii, 532 + their mysticism, iv, 18 + attack Molinos, iv, 51 + defend Fénelon, iv, 66 + attack Card. Noris, iv, 284 + control Inqn., iv, 288 + their expulsion, iv, 294 + repatriated, iv, 295 + aided against Dominicans, iv, 380 + suppressed in 1820, iv, 441 + +Jew as a name of disgrace, iii, 291 + +Jewish observances, prosecution for, i, 147; ii, 565; iii, 232 + +Jews, their vicissitudes, i, 35 + attitude of Church towards them, i, 36 + forced conversions in Gothia, i, 39 + persecutions in Gothic Spain, i, 41 + they favor the Moorish conquest, i, 44 + their position under Saracens, i, 50 + are citizens in Castile, i, 60, 84 + badges imposed on, i, 68 + influence of Council of Vienne, i, 71 + forbidden to hold office, i, 73, 94 + to practise medicine, i, 74 + intimacy with, forbidden, i, 75 + their segregation ordered, i, 76 + position in Middle Ages, i, 81 + massacres, i, 83 + toleration in Spain, i, 84 + their services, i, 85 + their numbers, i, 86 + favor shown to them, i, 87 + massacred by crusaders, i, 88 + conversion by preaching, i, 91 + commencement of hostility, i, 94 + its causes, i, 96 + massacre in Navarre, i, 100 + caused by Black Death, i, 101 + in 1366, i, 102 + in 1391, i, 106 + its effects, i, 110 + increasing oppression, i, 115 + extensive conversions, i, 118 + reaction in their favor i, 121 + oppression under Ferdinand and Isabella i, 124 + diminished numbers, i, 125 + not subject to Inquisition, i, 130 + expulsion of 1492, i, 135 + return forbidden, i, 141; iii, 311, 314 + number of exiles, i, 142 + settlements with the exiles, i, 569 + hatred of them stimulated, i, 150 + required to denounce New Christians, i, 168 + foreign, their property seized, ii, 338 + as witnesses, ii, 536 + not for defence, ii, 539 + neglect of instruction, iii, 231 + character of proofs, i, 147; ii, 565; iii, 232 + apparent extirpation, iii, 234 + treatment in Portugal, iii, 237-50, 272 + invited to Italy, iii, 254 + influx from Portugal, iii, 266, 277 + purchase pardon from Philip III, iii, 267 + Judaizers are all Portuguese, iii, 270 + enmity towards them, iii, 272, 290 + dangers apprehended from them, iii, 276 + their assistance to Holland, iii, 279 + offers for relief in Portugal, iii, 283, 286 + their admission proposed, iii, 292 + proselytism ascribed to, iii, 293 + persistent persecution, iii, 297, 303 + concealment practised, iii, 300 + persecution in Majorca, iii, 305 + cessation of persecution, iii, 311 + exclusion of foreign, iii, 311, 314 + admitted to Spain, iii, 315 + argument in their favor, iv, 506 + +Joan of Kent burnt, iv, 532 + +João II bargains with Jews, i, 137 + +João III bargains for Inqn., iii, 239 + +João III, his quarrel with da Silva, iii, 244 + his struggle with Paul III, iii, 250 + his payments to Rome, iii, 252 + obtains unrestricted Inqn., iii, 254 + his inquisitorial policy, iii, 256 + founds no colonial Inqn., iii, 260 + +João IV, his policy, iii, 280 + evades confiscation, iii, 281 + +Jocularity as extenuation, iii, 63 + +John of Austria, Don, sent to Granada, iii, 338 + +John of Austria (2d) expels Nithard, i, 311 + +John, King, his extortions, i, 83 + +John XXII persecutes sorcery, iv, 181 + +José, Dom, of Portugal, his reforms, iii, 310 + +Joseph ben Joshua ben Mier on the expulsion, i, 143 + +Joseph Bonapart, King of Spain, iv, 399 + +Jovellanos, Gaspar Melchor de, iv, 394 + on lack of roads, iv, 480 + on burden of Church, iv, 495 + +Juan I (Castile) regulates _Hermandades_, i, 29 + prohibits employment of Jews, i, 99 + avenges Yuçaf Pichon, i, 103 + represses Ferran Martínez, i, 104 + on sorcery, iv, 182 + +Juan II (Castile), his disastrous reign, i, 4 + favors _Hermandad_, i, 30 + favors Jews, i, 121 + applies for Inquisition, i, 147 + exemptions from military service, i, 412 + applies to the pope, iv, 489 + +Juan I (Aragon) represses massacre of 1391, i, 108 + +Juan II (Aragon) relieved of cataract, i, 75 + proposes expulsion of Moors, iii, 317 + his oath as to usury, iv, 372 + +Juan de Avila on illusions, iv, 15 + +Juan de la Cerda serves king of Morocco, i, 57 + +Juan de la Cruz on observances, iv, 3 + his persecution, iv, 17 + +Juan de la Cruz an alumbrado, iv, 25 + +Juan Manuel, his turbulence, i, 54 + +Juan de Olmillos a mystic, iv, 7 + +Juan of Seville, his fate, ii, 108, 109 + +Juana, daughter of Henry IV, i, 19 + +Juana and Philip, appealed to by Córdova, i, 196, 201 + +Juana, Princess, banishes Valdés, ii, 47; iii, 433 + has Carranza arrested, ii, 64 + +Jubilation, ii, 174, 216, 224 + restricted by Philip V, ii, 223 + +Jubilee indulgences objected to, ii, 24, 578 + +Judaism of New Christians, i, 151; ii, 232, 238, 300, 305 + +Judaism, its extirpation, iii, 234, 300 + books on, burnt, iii, 480 + converts to, iii, 293 + +Judaizers, their cases not _calificado_, ii, 488 + are all Portuguese, iii, 270 + +Juderías, i, 64, 77 + +Judgements of blood, iii, 184, 188, 273 + permitted, i, 367 + in churches, iii, 223 + +Judge, secular, his sentence, iii, 185, 186, 219, 225 + penalty for not executing sentence, iii, 187 + +Judges as prosecutors, ii, 465 + recusation of, ii, 467 + responsibility of, iii, 1 + discretion as to torture, iii, 30 + as _consultores_, ii, 266 + +Judges, royal, humiliation of, i, 518, 519 + terrorism of, i, 439 + must be present at autos, iii, 212 + +_Juez de los bienes_, ii, 250, 350 + disappears, ii, 217, 371 + +Juglar, Gaspar, appoints inqrs., i, 231 + his commission withdrawn, i, 233 + his poisoning, i, 244, 592 + +Julian, St., on Jews, i, 43 + +Julius II asserts appellate jurisdiction, ii, 116 + separates Inqn. of Aragon, i, 180 + authorizes Talavera's prosecution, i, 199 + decides against Córdova, i, 203, 582 + orders trial of Lucero, i, 206 + renews quinquennial indult, ii, 417 + subjects usury to Inqn., iv, 372 + +Julius III confirms sale of pardons for crime, ii, 107 + renounces appellate jurisdiction, ii, 128 + enforces limpieza, ii, 293 + on profits of nuncios, iii, 243 + gifts to him, iii, 252 + protects Jews in Italy, iii, 254 + stimulates the Inqn., iii, 426 + annuls licences for prohibited books, iii, 521 + +_Junta Apostolica_, iv, 443, 456 + _Central_ orders Córtes convoked, iv, 402 + _de Estado_, i, 525 + _Grande de Competencias_, i, 524 + _de hacienda_, ii, 230, 453 + _Magna_, the, i, 511 + of Ozarzun, iv, 447 + +_Juntas de fe_, iv, 460, 461, 468 + +Jurisdiction supreme, of Rome, ii, 103, 160 + of bishops, i, 497; ii, 5, 12 + cumulative, of Inqn. and bps., ii, 10 + exclusive, of Inqn., i, 341, 437 + the Inqn. defines its own, ii, 89 + of Inqn., its superiority, i, 357 + illegal extension of, i, 431 + over officials, i, 429 + claims made for it, i, 343, 490, 614 + conflict with royal jurisdiction, iii, 539 + over conscience, ii, 19 + over confiscations, ii, 209, 350 + over solicitation, iv, 99 + over sorcery, iv, 183, 189 + over witchcraft, iv, 213, 216, 222, 228, 236 + over export of horses, iv, 279 + over Masonry, iv, 300 + over bigamy, iv, 316, 324 + over blasphemy, iv, 329 + over unnatural crime, iv, 362 + over usury, iv, 372 + over morals, iv, 375 + military, conflicts with, i, 504 + appellate, of Iñigo Manrique, ii, 108 + of inq.-genl., ii, 187 + ecclesiastical, struggle over, iii, 534 + +Jury relieves judges, iii, 1 + +Justice enforced by Isabella, i, 24 + inculcated by Ferdinand, i, 297 + perversion of, in Castile, ii, 468 + +Justicia of Aragon, i, 450; iv, 257, 270 + +Justification by works rejected by mystics, iv, 3, 8, 28 + +_Juzgado_, ii, 250 + + +Kindliness to prisoners, ii, 524, 525 + of Ferdinand, i, 22; ii, 332, 344, 378, 499 + +Kindred, infamy extends to, ii, 143, 311 + duty of denunciation, ii, 96, 462, 578 + as witnesses, ii, 537, 539 + their consultation with counsel, iii, 44, 48 + +Kings must make inquiries through Suprema, i, 326 + ask and do not command Inqn., i, 327 + subject to Inqn., i, 340; ii, 29 + their oaths at autos, i, 353; iii, 218 + as ultimate judges, i, 356 + inqrs. to consult with, ii, 163 + +Knighthood, Order of, for officials, ii, 283 + +Knives allowed to Moriscos, iii, 379 + censorship of, iii, 546 + +Koran classed with Bible, iii, 529 + + +La Almiranta, her martyrdom, iii, 197 + +La Barre, Jean de, case of, ii, 557 + +Labor, aversion for, i, 58; iv, 483 + forced, of Moriscos, iii, 377 + +Labour, Pays de, witches in, iv, 228, 246 + +_Labradores_, i, 375; iv, 478 + +La Force, his plots with Moriscos, iii, 387 + receives Morisco exiles, iii, 402 + +La Croix, Ursule de, her relapse, ii, 572 + +_La Guardia, el Santo Ninom de_, i, 134 + +Laity not subject to spiritual courts, i, 15 + +La Mancha, Morisco expulsion, iii, 400 + +La Mata, complaint of people of, ii, 347 + +Lancre, Pierre de, on witchcraft, iv, 228, 246 + +Lanuza, Juan de, iv, 262, 263, 264, 265 + +Lanuza, Martin de, iv, 263, 264, 266, 271 + +Lanz, Miguel, his cruelty, iv, 267 + +Lara, María, her heresy, ii, 23 + +Las Casas, Diego de, his mission to Rome, i, 276 + +_Laæ sententiæ_, excommunication, i, 393 + +Latançon, Marcos de, case of, iv, 131 + +Lateau, Louise, iv, 94 + +Lateran Council imposes badges, i, 68 + on Jewish rites, ii, 565 + on dealings with infidels, iv, 279 + +Latin schools, number of, iv, 485 + +Laws, codification of, i, 27 + of the Moors, i, 65 + Inqn. superior to, i, 365 + enforced by Inqn., iv, 278 + +Lawyers, inqrs. must be, ii, 235 + as consultores, ii, 266 + +Laxity of prison discipline, ii, 518 + of rules of evidence, ii, 564 + +Laybach, Congress of, iv, 444 + +Laymen as inspectors, ii, 228 + as assessors, ii, 232 + as inquisitors, ii, 235 + in judgements of faith, ii, 266, 267 + as commissioners, ii, 269 + acting as confessors, iv, 111, 344 + +Lazaeta, Inqr., case of, i, 461 + +Lee, Edward, on errors of Erasmus, iii, 414 + +Leganes, Marquis of, as alguazil mayor, i, 162; ii, 207 + +Legates, Spain objects to, i, 15 + +Legatine Inquisition of Sixtus IV, i, 154 + +Legitimacy as qualification, ii, 251, 279 + +Leguina, commissioner, his quarrels, iii, 514 + +Le Maître de Saci, his Bible, iii, 530 + +Lencastre, Inq.-genl., his contumacy, iii, 289 + +Leniency to official offenders, ii, 223 + to _espontaneados_, ii, 573 + towards clerics, iii, 100 + in solicitation, iv, 127 + in personating priesthood, iv, 344 + in insults to images, iv, 354 + in unnatural crime, iv, 369 + of spiritual courts, ii, 469; iv, 97 + +Leo X orders Inqn. in Navarre, i, 224 + permits judgements of blood, i, 273, 367; iii, 89 + action in the Aragonese quarrels, i, 272, 274, 279, 280, 281, 284 + limits jurisdiction, i, 432 + orders episcopal concurrence, ii, 14 + issues and annuls letters, ii, 118, 121 + case of Miguel Vedreña, ii, 120 + case of Blanquina Diaz, ii, 122 + commits appeals to Adrian, ii, 125 + confers appellate power on Suprema, ii, 164 + confirms acts by heretics, ii, 328 + on prosecuting the wealthy, ii, 385 + his dispensations, ii, 405 + refuses canonries to Inqn., ii, 424 + on false witness, ii, 555 + on burning heretics, iii, 184 + suppression of Luther's books, iii, 413 + +Leo XIII, canonization of María de Agreda, iv, 41 + blesses Sor Patrocinío, iv, 93 + +Leon, tribunal of, i, 548 + +Leoni, the brothers, condemned, iv, 59 + +Leonor of Navarre, her borrowing, i, 98 + +Leopold I sends exorcist to Carlos II, ii, 172 + +Leopold of Tuscany, his Jansenism, iv, 286 + +Lequeitio complains of its priests, i, 16 + +Lérida, its surrender in 1149, i, 52 + its tribunal, i, 549 + +Lerma, Duke of, his downfall, i, 307 + his greed, iii, 410 + +Lerma, Pedro de, case of, iii, 419 + +Le Sauvage, Jean, favors reform, i, 218 + +_Letrados_ as inqrs., ii, 234 + +Letters, papal, to Conversos, struggle over, + ii, 104, 110, 111, 113, 114, 117, 121, 123, 125, 128, 131; + iii, 245, 247, 249 + regulated by Carlos III, i, 321 + of exemption from conscription, i, 414 + +Leyes, Jacobo de las, on sorcery, iv, 179 + +Liberalism, its follies in 1820-23, iv, 438 + +Liberals, proscription of, iv, 433, 452 + +Liberties, popular, in Aragon, i, 229 + +_Libra_, value of, i, 565 + +Libraries, examination of, iii, 487, 489, 495, 498, 499, 501, 502 + commission for examining, iii, 574 + death of their owners, iii, 502, 504 + +_Libro del Becerro_, ii, 299 + for property, ii, 454 + +_Libro de manifestaciones_, ii, 341 + _Verde de Aragon_, ii, 298, 307 + its statistics, iv, 521 + of Fernando VII, iv, 452 + +_Libros Vocandorum_, ii, 260 + +Licences to trade with Saracens, i, 56 + for emigration, i, 181, 216 + to import wheat, i, 386 + to absolve for heresy, ii, 21 + to convey property, ii, 346 + for rehabilitations, ii, 404 + for Jews, iii, 312, 313, 315 + papal, to Jews, i, 124 + for residence of foreigners, iii, 472 + to print, iii, 481, 483, 489 + to keep writings, iii, 489 + to convents for prohibited books, iii, 503 + to sell new books, iii, 508 + to read prohibited books, iii, 521, 524, 575 + to hunt, iv, 383 + +Liége, mystic nuns of, iv, 2 + +Life-imprisonment for penitents, iii, 151 + +Lights forbidden to prisoners, ii, 519 + +Liguori, St. Alphonso, on sorcery, iv, 205 + +Lima, audacity of tribunal of, i, 317 + quarrel with Abp. Barroeta, ii, 17 + contributions from, ii, 201 + sale of offices, ii, 215 + case of sorcerer, iv, 201 + officials deprived of _fuero_, iv, 389 + +Limitation of impurity of blood, ii, 297, 306 + +_Limpieza_ as qualification, ii, 251 + use of records as to, ii, 259, 261 + early traces, ii, 285 + development of mania, ii, 290 + its general adoption, ii, 292 + method of verification, ii, 295, 301 + investigation of officials, ii, 296 + difficulty of its proof, ii, 300 + motives for proving, ii, 305 + its influence, i, 357; ii, 309 + stimulates dread of Inqn., ii, 310 + under Restoration, ii, 311 + stimulates false-witness, ii, 559 + struggle over _sanbenitos_, iii, 167 + applied to Moriscos, iii, 379 + +Limpo, Balthazar, Bp. of Porto, iii, 253 + +Linen, change of, ii, 566; iii, 232 + +Lippomano, Luigi, nuncio, iii, 245, 246, 247, 248, 249 + +Lisbon, massacre of 1506, i, 140 + +Lists of familiars, i, 440, 467; ii, 274, 277 + +Literature, discouragement of, iii, 549; iv, 528 + +Litigation, fees from, ii, 279 + +Llerena, New Christians punished, i, 153 + tribunal established, i, 171, 549 + its abuses, i, 213, 382; ii, 499, 526, 529; iii, 4, 5, 48 + claims exemption from taxation, i, 380 + receipts from penances, ii, 397 + carrying effigies in auto, iii, 226 + alumbrados of, iv, 21, 23 + +Llorente on licences for prohibited books, iii, 524 + his statistics, iv, 517, 524 + +Llotger, Fray Juan, inquisitor, i, 94 + +Loan from Inqn. to king, i, 334 + +Loazes, Fern. de, i, 286, 287, 467; ii, 491; iii, 350 + +_Loberos_, iv, 200 + +Locksmith reckoned an official, ii, 211 + +Lodgement, free for officials, i, 395; ii, 206, 208 + +Logan, Robert, his corpse tried, iii, 81 + +Logroño, its tribunal, i, 227, 549 + corregidor punished, i, 432 + trouble over coaches, i, 531 + trouble over shambles, i, 532 + hatred of Inqn., i, 538 + required to aid Suprema, ii, 193 + abuse of fines and penances, ii, 397 + its finances, ii, 436, 444 + troubles in visitas de navíos, iii, 516 + auto of 1610, iii, 219; iv, 225 + witchcraft, iv, 224, 228 + its reconstruction, iv, 426 + +Lombay, Marquis of, at Saragossa, iv, 265 + +Longas, Juan de, case of, iv, 76 + +López, Padre Luis, S. J., ii, 24 + +López, María de los Dolores, iv, 89 + +López, Abp. of Valencia, his _junta de fe_, iv, 460 + +Lords, feudal, obtain share of confiscations, ii, 319 + of Moriscos obstruct their conversion, iii, 369 + +Lorenzana, Inq.-genl., his dismissal, i, 321; iv, 393 + +Louis IX, his treatment of Jews, i, 83 + +Louis XIV, his anger at Giudice, i, 316 + persecutes Fénelon, iv, 65 + +Louis XVIII counsels moderation, iv, 450 + +Louvain, Indexes of, iii, 485 + Jansenism in, iv, 287 + +Love-letters in confessional, iv, 112 + +Loyola, Ignatius, his persecution, iv, 14 + on mysticism, iv, 17 + +Lucas of Tuy on Jews, i, 87 + +Lucena, Petronila de, case of, iii, 111; iv, 13 + +Lucero, his career at Córdova, i, 189 + attacks Hernando de Talavera, i, 197 + his trial ordered, i, 206 + his retirement, i, 210 + his use of perjury, ii, 555 + +Lucius III permits no exemption, ii, 30 + prescribes confiscation, ii, 316 + +_Luctuosa_, iv, 496 + +Luis de Granada on good works, iv, 3 + his works prohibited, iii, 530; iv, 17 + endorses María de la Visitacion, iv, 84 + +Luis de Leon, sacraments denied to, ii, 520 + his _patrones teólogos_, iii, 52; iv, 154 + seeks to recuse judges, iii, 58 + his first trial, iv, 149 + his second trial, iv, 159 + +Luisa de Carrion, case of, iv, 36 + +_Luminarias_, ii, 195 + +Luna, Alvaro de, favors Jews, i, 121 + asks for Inqn., i, 147 + +Luther's books, seizure of, iii, 413, 421 + +Lutheran revolt, its influence, iii, 412; iv, 4 + +Lutherans invited to conversion, iii, 422 + +Lutheranism, seal for its suppression, iii, 413 + factitious, iii, 426, 453, 458 + statistics of, iii, 426, 455, 461 + + +MACANAZ, MELCHOR DE, his career, i, 315 + his defence of Inqn., i, 319 + his confiscated estate, ii, 370, 455 + on number of officials, iv, 486 + on growth of Church, iv, 492 + +Machiavelli on Ferdinand, i, 21 + on Jewish expulsion, i, 143 + +Madrid, fuero of, in 1202, i, 61 + enforcement of police rules, i, 366 + tribunal of, i, 545, 550 + rebuked, ii, 186 + cost of prisoners, ii, 532 + auto of 1632, i, 353; iii, 130, 147, 150, 212, 214, 220, 228 + auto of 1680, iii, 136, 139, 212, 218, 225, 228 + insurrection of May 2, iv, 399 + conflict with royal guard, iv, 443 + relaxations in, iv, 523 + +_Maestra de Espiritu_, iv, 86 + +_Maestre racional_, ii, 446 + +Magdalena de la Cruz, iii, 94; iv, 82 + +Magic, its prevalence among Moors, iv, 180 + +Magicians persecuted by Ramiro I, iv, 179 + +Magistral canonries, ii, 421 + +Magistrates, their oaths, i, 352 + their function in relaxation, iii, 186 + +Maimonides flies from Spain, i, 51 + +Maintenance of prisoners, ii, 500, 528, 531 + +Maistre, Joseph de, on the Inqn., iv, 248 + +_Majestas_, prosecution of the dead for, iii, 81 + +Majorca, massacre in 1391, i, 109 + oppressive legislation, i, 117 + its tribunal, i, 266 + composition in, i, 267 + Time of Mercy, ii, 461 + military service of familiars, i, 413 + right to hold office, i, 415, 418 + extension of jurisdiction, i, 431 + its temporal jurisdiction, i, 484 + conflicts with spiritual jurisdiction, i, 498 + tribunal humiliated, i, 504 + conflicts with Military Orders, i, 506 + appeals referred to bp., ii, 112 + canons appeal to Rome, ii, 158 + required to aid Logroño, ii, 193 + inordinate number of officials, ii, 211 + finances of tribunal, ii, 437, 441 + reconciliations in, iii, 148, 149 + _sanbenitos_ in churches, iii, 172 + fines on the reconciled, iii, 207 + autos of 1679 and 1691, iii, 225, 306; iv, 526 + confiscations of 1679, i, 335; iii, 306; iv, 512 + Judaism extinguished, iii, 307 + position of New Christians, ii, 312; iii, 305 + Lutheranism in, iii, 413 + seizure of Dutch vessel, iii, 467 + attempt to seize French vessel, iii, 471 + _visitas de navíos_, iii, 512 + unnatural crime not subject to Inqn., iv, 364 + condition of tribunal in 1830, iv, 458 + operations of its tribunal, iv, 522 + +_Mala doctrina_, iv, 118, 121 + +Málaga, quarrel over canonry, i, 342, 348 + +Malfeasance in office forfeits _fuero_, i, 444 + +Malignity, gratification of, ii, 100 + +Mallani, Abp., case of, ii, 87 + +Maltreatment of inquisitors forbidden, i, 214, 367 + +Malversation, ii, 365, 438, 451 + +_Mancha_ of impurity of blood, ii, 297 + +_Mancuerda_, iii, 20 + +Mandates to spiritual judges, i, 494 + +Manices, Moriscos of, iii, 345 + +Manicheism survives in Masonry, iv, 298 + +_Manifestacion_, i, 451 + obtained by Villanueva, ii, 145 + claimed by Ant. Pérez, iv, 157, 259 + in export of horses, iv, 280 + +Manifesto of Córtes of Cádiz, iv, 413 + +Manjarre, Bp., case of, i, 500; ii, 87 + +Manoel (King), his treatment of Jews, i, 140, 191; iii, 227, 319 + +Mañozca, Juan de, i, 477; iii, 122 + +Manrique, Alfonso, prints the Instructions, i, 181 + his disgrace, i, 304 + converts Moors of Badajoz, iii, 326 + dealings with Moriscos, iii, 328, 349, 376 + favors Erasmus, iii, 414 + puts sorcery in Edict of Faith, iv, 184 + +Manrique, Gerónimo, instructions to him, i, 299 + +Manrique, Iñigo, i, 178; ii, 108 + +_Mantetas y insinias_, iii, 169 + +_Manuales_, ii, 195 + +Manufactures, burden on, iv, 479 + +Manumission of baptised children of slaves, i, 325 + +_Maragatos_, i, 58 + +_Maravedí_, value of, i, 560 + +Marc, value of, i, 560 + +Marcen, Ant., Jesuit Provincial, ii, 34 + +Marchena, Abate, iv, 401 + +María de Agreda, i, 461; iv, 39 + +Maria Ana of Austria and Nithard, i, 310, 501 + +María Anna of Neuburg persecutes Froilan Díaz, ii, 172 + +María de la Visitacion, case of, iv, 83 + +Mariana, Padre, on influence of Inqn., ii, 91; iv, 515 + licensed to read prohibited books, iii, 522 + his essays suppressed, iii, 542 + his prosecution, iv, 273 + translates his history, iv, 529 + +Marin, Vidal, tries to reduce offices, ii, 216 + his Index, iii, 495 + +Marina, Francisco M., on the tithe, iv, 495 + +Market-place of Valencia, i, 365 + +Markets, privileges of the, i, 533 + +_Marranos_, i, 111, 146 + Spaniards all called, ii, 309 + also Portuguese, iii, 283 + +_Marranía_, dispensation for, ii, 402 + +Marriage of New Christians, i, 120 + of descendants of penitents, iii, 178 + of Moriscos, iii, 380 + better than celibacy, iv, 144 + in Orders, iv, 336 + +Martignac, de, on Fernando's rule, iv, 433 + +Martin de Arles on the Sabbat, iv, 210 + +Martin V confirms oppression of Jews, i, 119 + +Martínez, Ferran, provokes massacre, i, 103 + as founder of Inqn., i, 111 + +Martínez, Juana, case of, iv, 201 + +Martini, his version of the Bible, iii, 530 + +Martyr, Peter, on Lucero, i, 198 + pleads for Hern. de Talavera, i, 204 + on greed of Flemings, ii, 381 + on danger from pirates, iii, 384 + +Martyrdom, definition of, iii, 195 + of _negativos_, ii, 586; iii, 198 + +Martyrs, Christian Morisco, iii, 409 + fictitious, cult of, iv, 357 + +Mary of Hungary suspected, iii, 423 + +Marzilla, Juan Garcés, at Teruel, i, 249 + +Masonry, iv, 298 + +Masks, use of, by torturers, iii, 17 + +Masquo, Luis, opposes Inqn., i, 232 + +Mass, priests required to celebrate, i, 10 + bowing to bishop in, i, 361 + accidents in celebration, ii, 10 + denied to prisoners, ii, 520 + hearing, as penance, iii, 132 + burlesque, iv, 355 + +Massacres of Jews in Middle Ages, i, 83 + in 1210, i, 88 + in Navarre, i, 100 + caused by Black Death, i, 101 + in 1366, i, 102 + in 1391, i, 106 + in Granada, iii, 322, 338 + +Matamoros, Manuel, persecuted, iv, 469 + +Mataflorida, Marquis of, iv, 422, 443 + +Material heresy, ii, 4 + +Matheo, Cath., case of, iv, 223, 537 + +Matheu, Joan, his defalcation, ii, 454 + +Matilla, Pedro, royal confessor, ii, 169 + +Matrimony, episcopal authority over, iv, 321 + +Matter of faith, i, 357, 406 + +Mattos, Vicente da Costa, his book, iii, 272 + +Maximilian I seeks regency of Castile, i, 205 + +Maximum, law of, i, 393 + +Maya, Antonio de, Inqr. of Navarre, i, 224 + +Mayans y Siscar, Gregorio, his library, iii, 503 + on aversion for industry, iv, 485 + +_Mayorazgos_, iv, 443 + +Mayr, Don, his fate, i, 116 + +Meat, trading in, i, 389, 392 + eating, on fast days, ii, 11 + for prisoners, ii, 525, 527 + of dead animals, ii, 566 + soaking before cooking, ii, 567 + butchering of, for Moriscos, iii, 381 + +Mechanics as officials, i, 442; ii, 249 + ineligible as familiars, ii, 280 + +Medellin, Countess of, i, 6 + +_Media añata_, tax of, i, 377, 531 + +Medicine, astrology necessary in, iv, 192 + +Medina, Bart, de, iv, 151, 158, 510 + +Medina, Miguel de, case of i, 872; iii, 420 + +Medina del Campo, New Christians in, i, 151 + Concordia of, i, 153 + tribunal of, i, 550; ii, 210 + +Medina Sidonia, Duke of, protects his contador, ii, 105 + resists assessments, ii, 360 + +_Meditatio cordis_, bull, iii, 255 + +Meditation, iv, 2, 17, 52 + +Medrano, Antonio de, case of, iv, 9 + +Melgares Marin, his statistics, iv, 518 + +Melo, Luys de, his _Verdades Cathólicas_, iii, 268, 274, 277, 278 + +Members of Suprema, how chosen, i, 322 + of Córtes threatened, i, 452 + prosecuted, i, 468 + +Membreque, Bachiller, case of, i, 195, 208 + +_Memoria de diversos autos_, i, 592 + +Memorial of 1623, on tax-exemption, i, 381 + on abusive jurisdiction, i, 495 + character of officials, i, 536 + disabilities of descendants, iii, 177 + insubordination of officials, ii, 225 + disorder of records, ii, 258 + suits of creditors, ii, 331 + frauds in confiscation, ii, 363 + financial mismanagement, ii, 438 + losses through receivers, ii, 448, 454 + +Men, soliciting of, iv, 127 + +Méndez, Fernando, iv, 29, 33 + +Mendieta, his summons to appear, ii, 311 + +Mendoza, Card. de, his career, i, 9 + his zeal for the faith, i, 155, 157 + grants rehabilitations, ii, 402 + on convents, iv, 490 + +Mendoza, Inq.-genl., his appointment, ii, 172 + asserts control of Suprema, ii, 173 + his resignation, i, 314; ii, 178 + +Mendizabal, Pedro, case of, iv, 114 + +Menghini, his book condemned, iv, 60 + +_Menudos_, perquisite of, i, 532 + +Mercader, Mateo, episcopal inqr., i, 230 + quarrels with Gualbes, i, 237 + dismissed by Ferdinand, i, 240 + +Mercader, Inq.-genl., his Instructions, i, 273, 465; ii, 432, 450 + +Mercenaries, heretic, iii, 475 + +Merchandise of foreign Jews seized, ii, 338 + +Merchants, English, arrested, iii, 468 + +Mercy of Inqn., its fallacy, ii, 311 + adjuration for, iii, 184, 185, 188 + tendency towards, iii, 99 + none for relapse, iii, 202 + +Merida objects to Inqn., i, 187 + +_Meritos_, sentences with and without, iii, 93 + +Merola, Nicolas, inqr. of Majorca, i, 266 + +Mesa, Gil de, iv, 257, 259, 262, 263, 271 + +_Meschudanim_, i, 146 + +Mesengui's Catechism, i, 320; iii, 540 + +Messengers, expense of, ii, 179 + +_Mesta_, the, iv, 309, 481 + +Mexia, Agustin de, sent to Valencia, iii, 393 + +Mexia, Inqr., suspended, i, 530 + +Mexico, Edict of Faith in, ii, 92 + contributions from, ii, 201 + inspection of, ii, 230 + prison provided, iii, 154 + cases of sorcery, iv, 195, 201 + +Mezquita, Miguel, case of, iii, 419 + +Middle Ages, condition of Jews in, i, 81 + rates of interest, i, 97 + +Midwives forbidden to attend Jewesses, i, 81 + Christian, required, iii, 332 + +Mier y Campillo, the last inq.-genl., iv, 425 + +Miguélez, M. F., his book on Jansenism, iv, 288, 292 + +Milan, pestilence of 1630, iv, 243 + +Military jurisdiction, conflicts with, i, 504 + Orders absorbed by the crown, i, 34; iv, 370 + limpieza in, ii, 298 + service due by Moors, i, 63 + of Jews, i, 85 + as penance, iii, 134 + compounded, i, 334 + exemption from, i, 412 + +_Millones_, i, 377; iv, 487 + +Minims exclude New Christians, ii, 290 + +Mints, private, under Henry IV, i, 7 + +Minuarte, receiver, his defalcation, ii, 454 + +Miollis, Madame, iv, 94 + +_Miramamolin_, i, 49 + +Miraval, Martin de, his report on Inqn., i, 317 + +Miscegenation punished, i, 64 + +Misfortunes ascribed to witchcraft, iv, 215, 233 + +Mislata, penances levied on, ii, 396 + +Missionary work, Protestant, iii, 421, 425, 449 + +_Mistica Ciudad_ of María de Agreda, iv, 40 + +Mitigation of penalties, iv, 432 + +Mitres for penitents, iii, 215 + +_Moça de Herrera, la_, i, 186; iv, 520 + +Mock-marriage, prosecution for, iv, 382 + +Moderation inculcated by Ferdinand, i, 297 + +Modification of sentences, iii, 97 + +Molina, Juan, quarrel over, iii, 494 + +Molinism, its persecution in Spain, iv, 68 + Bp. Toro of Oviedo, ii, 88; iv, 72 + abuse of the term, iv, 78 + +_Molinistas alumbrados_, iv, 71 + +Molinists burned in Palermo, iv, 62 + +Molinos, Miguel de, iv, 49 + his sentence, iv, 59 + circulated in Spain, iv, 68 + +Monarchy, absolutism of Spanish, iv, 473 + +Mondéjar, Capt.-Genl., iii, 333, 335, 338 + +Mondoñedo, Dean of, his appeal, ii, 109 + +_Moneda de molino_, i, 564 + +Money, its export prohibited, i, 12 + +Money-chest, the, ii, 231 + +_Monfíes_, iii, 334 + +Monitions, the three, iii, 38 + +Monroy, María de, i, 5 + +Monserrat, Mosen, case of, iii, 453 + +Montalvo, Alfonso Díaz de, i, 27, 127 + +_Montañeses_, their limpieza inferred, ii, 297 + +Montano, Arias, his books seized, iii, 499 + his Biblia Regia, iv, 159 + +Montblanch governed by Inqn., iv, 516 + +Montemayor, Fran. de, case of, ii, 467 + +Montesa, Jayme, burnt, i, 607 + +Montesa, order of, incorporated with crown, iv, 370 + +Monthly reports required, ii, 183 + +Montijo, Count of, his Masonry, iv, 302, 305 + +Montoya, Isabel de, case of, iii, 98; iv, 195 + +Moors, toleration under, i, 45 + not objects of hatred, i, 52 + trade with, forbidden, i, 55 + as slaves, i, 57 + their laws, i, 65 + forbidden to practise medicine, i, 74 + intimacy with, forbidden, i, 76 + segregation ordered, i, 77 + their citizenship, i, 84 + of Serra, treatment of, i, 187 + enforced baptism by Inqn., i, 294 + favored by Charles le Mauvaís, iii, 317 + terms of capitulation of Granada, iii, 318 + forcible conversion in Granada, iii, 320 + in Castile, iii, 324 + Ferdinand's pledges to Aragon, iii, 343 + voluntary conversions, iii, 344 + conversion by Germanía, iii, 346 + Christian friendliness, iii, 347 + conversion attempted, iii, 348 + treatment of those baptized, iii, 351 + their baptism ordered, iii, 352 + their expulsion ordered, iii, 354 + their wholesale baptism, iii, 355 + fruitless resistance, iii, 356 + their importance in Aragon, iii, 356 + their corsairs, iii, 383 + their magic, iv, 180 + +_Morabatin_, i, 565 + +Morals, no jurisdiction over, iv, 375 + gradually assumed, iv, 376 + indifference to, iv, 509 + not involved in solicitation, iv, 109, 115 + of inqrs., watch over, ii, 237 + +_Mordaza_, ii, 512; iii, 139 + +_Morerías_, i, 64, 77 + +Morillo, Miguel de, the first inquisitor, i, 160 + his quarrels with Torquemada, i, 177 + +Moriscos, arbitrary arrests forbidden, ii, 185 + as familiars, ii, 294, 295 + fines replace confiscation, ii, 395; iii, 361 + effects of expulsion, ii, 436; iii, 410 + shun Edicts of Grace, ii, 462 + their cases not _calificado_, ii, 488 + preliminary _consulta de fe_, ii, 489 + not witnesses for defence, ii, 539 + punished for overcoming torture, iii, 31 + suspicion always vehement, iii, 123 + exempt from penalties of relapse, iii, 203 + forcible conversion in Granada, iii, 320 + promised relief from Inqn., iii, 323 + disarmament, iii, 323, 332, 378 + forcible conversion in Castile, iii, 324 + attempts at instruction, iii, 326 + Edicts of Grace, iii, 328 + evidence against them, iii, 329 + persecution, iii, 330 + condition in Granada, iii, 331 + offer to Charles V, i, 122 + rebellion of 1568, iii, 338 + deportation from Granada, iii, 339 + restrictions on the exiles, iii, 340 + their prosperity, iii, 341 + position in Aragon, iii, 342 + their forcible conversion, iii, 354 + of Valencia, their persecution, iii, 347, 362 + no attempt to instruct them, iii, 358 + their confiscations, iii, 359 + an intermediate faith, iii, 364 + attempts to convert them, iii, 366, 372 + intervals of immunity, iii, 373 + their miserable condition, iii, 375 + emigration forbidden, iii, 378 + their marriages, iii, 380 + baptism of children, iii, 380 + their discontent, iii, 382 + connection with corsairs, iii, 384 + plots with foreign powers, iii, 385 + plans for getting rid of them, iii, 388 + expulsion decided on, iii, 392 + commenced in Valencia, iii, 395 + number expelled, iii, 397, 399, 400, 402, 403, 406 + final rooting out, iii, 403 + Christians expelled, iii, 403, 409 + in Granada in 1728, iii, 406 + fate of the exiles, iii, 407 + their confiscations, iii, 409 + +Morocco, bishopric of, i, 49 + fate of exiles there, i, 139 + +_Moros, cosas de_, disappear, iii, 405 + +Mortmain, lands in, i, 375; iv, 488, 492 + +Moses, Rabbi, his conversion, i, 114 + +Mosque in Cartagena in 1769, iii, 406 + +Mosques converted into churches, iii, 347 + use made of their property, iii, 366 + +_Motin de la Granja_, iv, 469 + +Motril, _visitas de navíos_, iii, 315 + +_Motu proprio_ form of commissions, i, 303 + +Mourning furnished to officials, i, 362; ii, 190 + +Moya, his _Opusculum_, iv, 511 + +_Mozárabes_, i, 45 + +_Mudéjares_, i, 57; iii, 317 + their status, i, 60 + assert their rights, i, 61 + become denationalized, i, 65 + revenues derived from, i, 66 + badges imposed on, i, 68 + their forced conversion, iii, 324, 353 + their value to Aragon, iii, 356 + their descendants expelled, iii, 403 + punish sorcery, iv, 182 + +_Mugeres varoniles_, i, 6 + +_Muladíes_, i, 49 + +Mule-tracks, iv, 480 + +Mules forbidden in coaches, i, 530 + +Muley Cidan, iii, 387 + +Multiplication of tribunals, ii, 205 + of convents, iv, 490 + of officials, ii, 212, 265, 270, 271 + +Munebrega, Bp., his severity, iii, 442 + +Municipal laws abrogated, i, 288 + self-government abolished, iv, 454 + +Muñoz, Candido, his tract, iii, 198 + +Muñoz de Castilblanque, case of, i, 489, 506 + +Muñoz Torrero, iv, 404, 409, 413, 423 + +Munster, treaty of, iii, 467 + +Murcia, its isolation, i, 7 + separation of races in, i, 64 + its tribunal, i, 171, 550; ii, 593 + case of Froilan Díaz, ii, 173, 174 + military service of familiars, i, 412 + milder measures for Judaism, iii, 235 + Morisco expulsion, iii, 398, 404 + +Murder rite, Jewish, in Partidas, i, 90 + case of el Santo Niño, i, 133 + +Murder of witnesses, ii, 551 + +Murga, Sor Lorenza, iv, 87 + +Murner, Thomas, his utterances, iii, 412 + +Musicians, ill-treatment of, i, 366 + +Mussulman legislation, i, 65 + +Mutton, removing fat from, ii, 567 + +Muzquiz, Archbp., persecutes the la Cuesta, iv, 296 + his plot against Godoy, iv, 393 + +Mysticism, hypnotism in, iv, 2 + its dangers, iv, 3 + confused with Protestantism, iv, 4, 13 + sexual aberrations, iv, 9, 23, 25, 31, 34 + errors ascribed to, iv, 24 + its practices condemned, iv, 28 + in Italy, iv, 42 + condemned by the Holy See, iv, 59, 66 + Molinism persecuted, iv, 68 + harmless, punished, iv, 77 + delusion, iv, 79 + in solicitation, iv, 118 + +Mystics of Seville, case of, iv, 31 + + +Nachmanides, his disputation, i, 90 + +Nails, staining of, as evidence, ii, 566 + +Nájera, Duke of, his complaints, i, 537 + +Names of witnesses suppressed, ii, 548; iii, 53 + offers for their revelation, i, 217, 221, 222 + +Nano, Agostino, on _limpieza_, ii, 310 + political use of Inqn., iv, 273 + +Naples, fate of exiled Jews there, i, 141 + _ayudas de costa_ for, ii, 254 + +Napoleon, his invasion of Spain, iv, 399 + suppresses Inqn., ii, 445; iv, 401 + +_Nassi_, Jewish, i, 87 + +Natives not to be employed in tribunals, i, 225 + asked for as inqrs., i, 509 + +Naturalism, iv, 308 + +Navarre adopts the Hermandad, i, 32 + rates of interest in, i, 98 + destruction of Jews in, i, 100 + receives exiled Jews, i, 138, 141 + incorporated with Castile, i, 223 + its tribunal, i, 224, 551 + obtains Castile Concordia, i, 438 + witch-crazes in, iv, 214, 219, 222, 225, 228 + Royal Council of, on witchcraft, iv, 216 + court of, on witchcraft, iv, 222, 228, 234 + revolt in 1820, iv, 435 + +Navarrete on _limpieza_, ii, 310; iii, 380 + on aversion for industry, iv, 485 + on wealth of Church, iv, 493 + +Navarrez, Marquis of, his limpieza, ii, 301 + +Navy, Inqn. of, i, 541 + Venetian estimate of, iii, 142 + +Nebrija, his prosecution, iv, 529 + +Necromancers condemned, iv, 183 + +Neglect of duty, ii, 226; iv, 388 + +_Negativo_, ii, 585 + torture of, iii, 12 + relaxation for, iii, 198; iv, 227 + in Portugal, iii, 286 + +Nepotism in appointments, ii, 219 + +Nevers, Count of, rebuked, i, 82 + +New Christians, i, 111; ii, 298 + career opened to, i, 113 + their rapid advancement, i, 120 + increasing hatred, i, 125, 150 + sufferings in Toledo, i, 126, 128 + persecution in Andalusia, i, 129 + conversion doubted, i, 145, 151 + attack Alvar de Luna, i, 147 + Commission to investigate them, i, 156 + of Seville propose resistance, i, 162 + Jews required to denounce them, i, 168 + forbidden to emigrate, i, 183, 246; iii, 271, 303, 323 + in Bugia to be seized, i, 185 + their political importance, i, 199, 205 + offers to Charles V, i, 217, 219, 221, 222; ii, 368 + bribe Jean le Sauvage, i, 218 + conspire to kill Arbués, i, 249 + their fate in Aragon, i, 259 + dealings with, prohibited, i, 271 + refugees in Rome, ii, 114 + disabilities, i, 126; ii, 284, 285, 287, 288, 290 + dread inspired by them, ii, 292; iii, 291 + persistence under confiscation, ii, 315 + avoid Edicts of Grace, ii, 461 + not witnesses for defence, ii, 539 + seek publication of witnesses, ii, 549 + no attempt to instruct, iii, 231 + struggle in Rome, iii, 288 + their services to Spain, iii, 572 + condition in Majorca, ii, 312; iii, 305 + in Portugal, their wealth, iii, 268 + their numbers, iii, 283 + their complaints, iii, 286 + efforts to expel them, iii, 276 + +Newfoundland, deportation to, for Moriscos, iii, 389 + +New Granada, case of bigamy in, iv, 323 + +Nicholas III on truces with Moors, i, 70 + +Nicholas IV seeks to convert Jews, i, 92 + on permanence of inqrs., ii, 161 + +Nicholas V, his oppressive decree, i, 119 + asserts privileges of converts, i, 127 + grants Inquisition for Castile, i, 147; ii, 41, 103 + subjects unnatural crime to Inqn., iv, 362 + +Nicholas de Rupella on the Talmud, i, 114 + +Niederbronn, the Ecstatic of, iv, 93 + +Nieva, Countess of, her complaint, i, 537 + +Night, weapons forbidden at, i, 404, 408 + +Nithard, Inq.-genl., his career, i, 310 + his quarrel with church of Majorca, i, 500 + claims jurisdiction over bps., ii, 87 + his influence, iv, 498 + +Noailles, Card., condemns mysticism, iv, 64 + +Nobility, its Jewish blood, i, 120; ii, 298 + not forfeited by work, iv, 487 + +Nobles, asylum in lands of, i, 161, 241, 421 + as familiars, i, 443, 454; ii, 281 + their feudal rights undermined, i, 537 + punished by Inqn., ii, 29 + greater severity towards, iii, 100 + serve as _alguazil mayor_, ii, 246 + +Noffre Calatayut, his _violario_, ii, 343 + +Non-fulfilment of sentence, iii, 102 + +Non-residence, dispensation for, i, 303, 307; ii, 416 + +Noris, Card., quarrel over his books, iv, 284, 289 + +Notariat, price of, ii, 214 + +Notaries, ii, 243 + of Valencia, case of, i, 242 + prosecuted for serving papal briefs, ii, 117, 119, 149 + of commissioners, ii, 270 + fees in _limpieza_ cases, ii, 302 + +_Notario del secreto_, ii, 231 + _de los secuestros_, ii, 244, 392, 496 + _de lo civil_, ii, 250 + _de açotaciones_, iii, 137 + +Notoriety supersedes proof, iii, 88 + +_Nuevas Poblaciones_, iv, 309 + +Number of Jews in 1474, i, 125 + +Number of expelled Jews, i, 142 + of expelled Moriscos, iii, 406 + of officials in 1746, ii, 216 + of calificadores, ii, 265 + of commissioners, ii, 270, 271 + of familiars, see Familiars + of exempt classes, iv, 478 + of clergy, iv, 489, 492, 493 + of convents, iv, 490 + +_Nuncio_, the, ii, 246 + +Nuncio, papal, his jurisdiction, i, 314; iii, 533 + empowered to inflict death, iii, 186 + objection to, in Portugal, iii, 244 + the False, iii, 243 + +Nuns, their confession of heresy, ii, 22 + their dowries seized, ii, 333 + epidemics of possession, iv, 352 + +Nymphomania, case of, iii, 62 + + +Oath of allegiance in Aragon, i, 229 + taken to inqr., i, 182, 243, 245, 352 + royal, at autos, i, 353; iii, 268 + required of people, i, 353; iii, 218 + of inqrs. in Catalonia, i, 467, 470 + of secrecy of accuser and witnesses, ii, 473, 539 + of officials, ii, 472 + of penitents to pay costs, ii, 534 + of accused, iii, 37 + of advocates, iii, 43, 47 + of _curador_, iii, 51 + +Oaths of heretics not received, iii, 467 + +_Obedecer y no cumplir_, i, 327; ii, 150; iv, 415 + +Obedience to Inqn., i, 188, 351, 617 + +Obedience better than the sacrament, iv, 35 + +Obligations of heretics invalid, ii, 325, 331 + +Obsequies, quarrels over, i, 362 + of Fernando VII, iv, 466 + +Observances, Jewish, i, 146; ii, 565 + forgotten, iii, 301 + religious, necessity of, ii, 567 + among mystics, iv, 3, 8, 28, 50 + +Obsession causes solicitation, iv, 72, 74 + +Obstructions to defence, iii, 64 + +Ocaña, contemplative fraile of, iv, 7 + +Occult heresy, ii, 4 + arts, iv, 179 + +Occultation of property, ii, 322 + +_Ochavo_, value of, i, 566 + +Octroi, exemption from, i, 384, 389 + +O'Donnell, Count of la Bisbal, iv, 434, 435 + +Offences specified in Edict of Faith, ii, 93 + statistics of, iii, 551 + +Offences exempt from torture, iii, 8 + +Offers made to Ferdinand, i, 217 + to Charles V, i, 217, 219, 221, 222; ii, 368 + +Office, public, right to hold, i, 415, 419 + onerous, refusal of, i, 420 + +Offices forbidden to Jews, i, 73 + Jews indispensable, i, 99 + Conversos disabled from, i, 126; ii, 285 + removal of disabilities, ii, 407 + confiscation of, i, 192, 581 + sale of, ii, 212 + life-tenure of, ii, 218 + hereditary transmission of, ii, 219 + transfer of, ii, 221 + held without pay, ii, 223 + become undesirable, iv, 388 + +Officials forbidden to trade, i, 270, 534, 535 + their privileges, i, 265, 270, 367, 376, 377, 379, 412, 465; + ii, 415, 417, 418, 419 + their right to the _fuero_, i, 429, 522 + their servants and slaves, i, 369 + their character, i, 536 + their perquisites, ii, 190, 252 + of Suprema, their fees, ii, 200 + to lodge in one house, ii, 207 + houses furnished to them, ii, 208 + their salaries, ii, 251 + their number, i, 468, 516; ii, 209, 210, 211, 212, 215, 216 + leniency shown to them, ii, 223 + punished only by Suprema, ii, 225 + they retain records, ii, 257 + unsalaried, ii, 263 + organized in confraternity, ii, 282 + Order of Knighthood for, ii, 283 + limpieza requisite, ii, 294, 296 + collusion with informers, ii, 324 + their penury, ii, 443, 444 + sworn to secrecy, ii, 472 + must be present at autos, iii, 214 + personation of, iv, 344 + their deterioration, iv, 388 + of Portuguese Inqn., iii, 262 + public, take oath to Inqn., i, 182, 352 + +Ointment, demonic, of witches, iv, 208, 214, 229, 231 + +Olavide, Pablo, case of, iv, 308 + +Old and New Christians, distinction recognized, ii, 288 + +Old Christians, definition of, ii, 288, 298 + forfeit limpieza, ii, 300 + involved in confiscations, ii, 346 + only witnesses for defence, ii, 540 + their descendants disabled, iii, 177 + +Old Inquisition, its organization, i, 172 + +Oliva, his letters to Molinos, iv, 51 + +Olivares, his despair over conflicts of jurisdiction, i, 489 + proposes admission of Jews, iii, 292 + suffers from revelations, iv, 39 + his prosecution, iv, 274 + +Olligoyen, Fray, induces massacre, i, 100 + +Olmo, del, family of, ii, 221 + +Opinion in cases of limpieza, ii, 300 + political, punished, iv, 276 + +Opposition to Inqn., i, 232, 239, 245, 260, 268, 439, 452, 465 + to grant of canonries, ii, 417 + +Oran, tribunal of, i, 551 + +_Orden de Procesar_, ii, 475 + +Ordenamiento of Alcalá on usury, i, 98 + de Doña Catalina, i, 116, 123 + +_Ordenanzas Reales_, i, 27 + oppression of Jews in, i, 124 + +Order of Knighthood for officials, ii, 283 + of _S. María de la Espada Blanca_, i, 507 + +Orders, holy, forbidden to descendants of penitents, iii, 176 + marriage in, iv, 336 + minor, abuses of, i, 17; iv, 497 + +Orders, Military, absorbed by crown, i, 34; iv, 370 + competencias with, i, 505 + +Orders, Religious, their reform proposed, i, 317 + represented in Suprema, i, 323 + subjected to Inqn., ii, 36 + pay cost of imprisoned frailes, ii, 533 + suppressed in 1820-3, iv, 439 + growth of, iv, 490, 492 + +Ordinaries, their jurisdiction, ii, 6, 10 + effort to exclude them, ii, 12, 14 + negligence as to concurrence, ii, 15 + appointment as inqrs., ii, 16 + their concurrence omitted, ii, 18 + +Organization of Jews in Spain, i, 86 + of Inquisition, i, 172 + of tribunals, i, 231, 244; ii, 208, 593 + +Orihuela, tribunal of, i, 551 + composition for, ii, 356 + slaughtering of cattle in, iii, 382 + +Ortiz, Blas, his negligence as to concurrence, ii, 15 + punishes solicitation, iv, 97 + made inqr. of Valencia, i, 384 + +Ortiz, Francisco, his temerity, i, 372 + +Ortiz, Francisco, case of, iv, 11 + +Orts, Juan, inqr. of Aragon, i, 230, 239 + +Ostentation of Jews, i, 96 + in dowries, ii, 333 + +Ostrogoths, their tolerance, i, 38, 39 + +Osuna, tribunal of, i, 551 + +Osuna, Francisco de, on prayer, iv, 3 + on scholastic theology, iv, 5 + +Osuna, disciple of Francisca Hernandez, iv, 9 + escapes correction, iv, 17 + +Otadui, Dr., his advice to Philip II, iii, 334 + +_Otrosi_, demand for torture in, iii, 42 + +Ottoboni, Card., persecutes Pelagini, iv, 46 + attacks Molinos, iv, 54 + See Alexander VIII. + +Outlaws, safe-conducts for, i, 444 + +Outlawry of heretics, iii, 388 + +Oven, royal, of Aljafería, i, 391 + +Overcoming torture, iii, 30 + +Oviedo, Gonzalo Fern. de, on heresy, ii, 2 + +Ownership of documents, ii, 220 + + +Pacheco, Inq.-genl., punishes Bp. of Murcia, i, 420 + his conflict with Seville, i, 489 + prosecutes Granada judges, i, 487 + has but one vote in Suprema, ii, 168 + banishes Englishmen, iii, 466, 572 + condemns mysticism, iv, 30 + +Pacheco, Pedro, his grant from sale of offices, ii, 215 + his disgrace, ii, 438 + +Pact with demon, iv, 185, 188, 195, 205 + +Padilla, Inqr., suspended, i, 530 + +Padilla, Juan de, keeps clear of Inqn., i, 221 + +Padua, faculty of, on defence of accused, iii, 56 + +Paging of records of trials, ii, 259 + +Palafox, Bishop, his portrait _borrado_, iii, 498 + +Palencia, Bp. of, his appellate jurisdiction, ii, 110 + +Palermo, iniquity of tribunal, ii, 121 + +Pallavicini, Card., on persecution, iv, 500 + +Palm of victory for acquittal, iii, 108 + +Palma, massacre in 1391, i, 109 + number of officials in, ii, 212 + autos of 1679 and 1691, iii, 225, 306; iv, 526 + +Pampeluna, tribunal of, i, 552 + relations with Saragossa, i, 225 + political utility, i, 226 + +_Pan asegurado_, i, 388 + +_Pan cotazo_, i, 594 + +Paniagua, D. Pedro, case of, i, 514 + +_Paños de la vergüenza_, iii, 17 + +Papacy, popular disrespect for, i, 11 + export of money to, i, 12 + approves of Torquemada, i, 174 + +Paper, writing, for prisoners, ii, 517 + +Papers, all, returned to tribunal, ii, 474 + detailed inventory of, ii, 497 + +Paradinas, inqr., stabbed, i, 214 + +Páramo on treatment of Jews, i, 36 + his eulogy of Inqn., ii, 483 + on acquittal, iii, 108 + on Protestants, iii, 432 + on mystics of Llerena, iv, 24 + his abuse of women, iv, 121 + +Pardon of 1604, iii, 268 + of 1627 and 1630, iii, 273 + purchase of, iii, 363 + +Paredes, Fray Manuel de, his mysticism, iv, 71 + +Pareja tried for solicitation, iv, 98 + +Pariahs created by _limpieza_, ii, 310 + +Paris, Council of 1212, on midwives, i, 81 + +Parish churches, _sanbenitos_ hung in, iii, 166 + +Parque Castrillo, Duke of, prosecuted, iv, 430 + +Parra, Juan Adan de la, iii, 271, 291 + +Participation in Sabbat, iv, 232, 243, 245 + +Partidas on trade with Moors, i, 56 + on slavery, i, 57 + restrictions on Jews, i, 69, 74, 89 + on confiscation, iii, 316 + on magic, iv, 180, 182 + law on heresy revived, iv, 411 + law as to succession, iv, 462 + +_Parvitas materiæ_, none in solicitation, iv, 110, 112 + none in sorcery, iv, 196 + +Pascual of Aragon, his inqr.-generalship, i, 310 + +Passes for free goods, i, 376, 384 + +_Passo Honroso_, the, i, 5 + +Passover bread, eating of, ii, 566 + +_Pastoralis officii_, bull, i, 275, 432; iv, 317, 329 + +Pastrana, Judaizers of, ii, 494; iii, 300 + mystics of, iv, 7 + +Paternoy, Sanchó de, i, 249, 257 + +Patiño, his services, iv, 486 + +Patrocinio, Sor, career of, iv, 92 + +Patronage, papal, resisted, i, 12 + granted to sovereigns, ii, 416; iv, 291 + royal, of canonries, ii, 429 + of inquisitors, ii, 280 + +_Patrones teólogos_, iii, 51; iv, 154 + +Paul III exempts regulars from Inqn., ii, 32 + confirms sale of pardons, ii, 107 + Roman Inqn. not to interfere with Spanish, ii, 127 + on exclusion of New Christians, ii, 289, 291 + relieves Moriscos from confiscation, ii, 395 + his dispensations, ii, 406 + limits duration of torture, iii, 22 + relieves from irregularity, iii, 186 + his dealings with Portugal, iii, 241-58 + creates da Silva cardinal, iii, 244 + abandons him, iii, 253 + invites Jews to Italy, iii, 254 + suspends Inqn. as to Moriscos, iii, 373 + aids Magdalina de la Cruz, iv, 82 + +Paul IV threatens Melchor Cano, ii, 51 + subjects regulars to Inqn., ii, 33 + his brief of January 7, 1559, ii, 61 + on exclusion of Conversos, ii, 290 + claims benefices of heretics, ii, 319 + grants canonries to Inqn., ii, 425 + orders torture to discover accomplices, iii, 11 + heresies treated as relapse, iii, 201 + prosecutes Jews, iii, 254 + suppression of witnesses' names, iii, 258 + his bull against Q. Elizabeth, iii, 436 + his Index, iii, 486 + requires confessors to enforce it, iii, 490 + withdrawn licences for prohibited books, iii, 521 + subjects solicitation to Inqn., iv, 99 + decrees relaxation for personating priesthood, iv, 340 + +Paul V confirms subjection of regulars, ii, 36 + profession of faith of inqrs., ii, 420 + exempts from irregularity, iii, 189 + empowers Inqn. to issue licences, iii, 522 + on solicitation, iv, 100 + +Payment for discovering property, ii, 323 + +Pay-roll, Ferdinand seeks to reduce it, ii, 209 + of Suprema, ii, 191, 196, 202 + +Paz, Diogo da, iii, 239 + +Peace, internal, preserved by Inqn., iv, 507 + +Peace and truce, treaties of, i, 441 + +Peasants can prove limpieza, ii, 308 + condition of, iv, 478 + church burdens on, iv, 495 + +_Pecheros_, i, 375 + familiars to be, ii, 281 + +Peculations of inq.-genl., i, 190 + in confiscation, ii, 363, 365 + +Peculium of frailes, ii, 495, 504 + +Pedraça, his instructions for commissioners, ii, 302 + +Pedro II (Aragon) persecutes Waldenses, iii, 183 + +Pedro III (Aragon) summons his Moors to arms, i, 63 + protects Jews, i, 93 + +Pedro the Cruel, his struggles with nobles, i, 3 + employs Moorish troops, i, 54 + favors Jews, i, 101 + +Pedro de Madrid, _delator_, ii, 323 + +Pedro Sánchez, Joan de, burnt, i, 596 + +Pedro de Valencia on witchcraft, iv, 229, 247 + +Peláez, Anton, his deposition, ii, 105 + +Pelagini, iv, 46 + their successors, iv, 61 + +Peliag the Jew, i, 51 + +Pellegrini di San Rocco, iv, 47 + +Peña, Francisco, his edition of Eymerich, ii, 476 + justification of secrecy, ii, 474 + on insane convicts, ii, 59, 60 + on death sentences, iii, 186 + on conversion after sentence, iii, 193 + +Peña, Pedro, condemned for Molinism, iv, 59 + +Peñalosa, Benito de, on _limpieza_, ii, 309 + on the peasantry, iv, 478 + on education, iv, 529 + +Penalties. See Punishments. + +Peñas, Benito, case of, ii, 494 + +_Penas extraordinarias_, iii, 101 + +_Penas y penitencias_, i, 337; ii, 389 + +Penance is punishment, ii, 389, 569 + destroys limpieza, ii, 296, 299, 304, 307, 310, 311 + its performance enforced, iii, 101 + abridgement of, iii, 161 + with suspension, iii, 109 + spiritual, iii, 131 + +Penances, pecuniary, i, 337; ii, 389 + Inqn. obtains them, i, 339 + applied to tribunals, ii, 393 + productiveness, ii, 397 + proportioned to need of tribunal, ii, 396; iv, 219 + replace confiscation, ii, 394 + limited in Valencia, ii, 395 + reconciliation a prerequisite, ii, 396 + excessive, i, 226 + +_Penca_, iii, 135 + +Penitence, sacrament of, in solicitation, iv, 109 + +Penitents of Inqn., ii, 389 + penalties imposed on, i, 169-70 + entitled to _fuero_, i, 433; iii, 150, 153 + maintenance of, i, 567 + costs collected from, ii, 533 + their pictures in churches, iii, 171 + disabilities of, iii, 173 + hardships of descendants, iii, 177 + stripping and flagellating, iv, 117 + +Penitential prison, iii, 150 + +Penitentiary, papal, its absolutions, ii, 104 + +Penitentiary, its pardons for crime, ii, 107 + taxes of, ii, 402 + +Penn, George, case of, iii, 468 + +Pensions granted on offices, ii, 222 + in jubilation, ii, 224 + on canonries, ii, 428, 429 + +Penury of royal treasury, ii, 373 + of officials, ii, 443, 444 + +People, oath required of, i, 353 + +Pepper bought with heretic money, ii, 338 + +Perales, contract of, i, 19 + +Pérez, Alonso, his visitation of Barcelona, i, 528 + +Pérez, Antonio, case of, iv, 254 + burnt in effigy, iv, 268 + pensioned by Henry IV, iv, 271 + postmortem absolution, iv, 272 + his blasphemy, iv, 332 + his writings suppressed, iii, 542 + +Perez de Pineda, Juan, iii, 427, 428, 445 + +Performance of sentences, iii, 101 + +Perjury in cases of _limpieza_, ii, 304 + of witnesses, ii, 554, 556 + detected in ratification, ii, 547 + in secular courts, ii, 554; iv, 379 + +Pernambuco, its capture, iii, 279, 282 + +Perpignan, placed under interdict., i, 187 + tribunal of, i, 552 + auto de fe in, i, 264 + violation of Concordia, i, 272 + magistrates penanced, i, 285 + arrest of officials, i, 469 + sequestrated houses in, ii, 498 + +Perquisites of officials, ii, 190 + of Suprema, ii, 195 + +Persecution, conscientious, ii, 1; iv, 525 + financial element in, ii, 315, 357; iv, 527 + +_Personas honestas_, ii, 249 + +Personation of officials, iv, 344 + punishment, iii, 189; iv, 345 + frequency, iv, 348 + +Personation of priesthood, iv, 339 + relaxation for, iv, 340, 342 + doubt as to jurisdiction, iv, 341 + penalties in Spain, iii, 207; iv, 341 + confessions heard by laymen, iv, 344 + +Personnel of tribunals, ii, 209, 232 + efforts for reduction, ii, 211 + of Inqn. in 1746, ii, 597 + +Pertinacity entails relaxation, ii, 585; iii, 195 + +_Peseta_, value of, i, 561, 565 + +_Peso ensayado_, i, 562 + _de oro_, i, 560 + _de plata_, i, 562 + +Petition, Inqn. must be addressed by, i, 356 + +_Petosiris_, iv, 195 + +Petrucci, Card., iv, 52, 55, 60 + +Pharmacopoeia of Schoderius, iii, 507 + +Phelippeaux, agent of Bossuet, iv, 66 + +Philip Augustus banishes Jews, i, 83 + +Philip I appealed to by Córdova, i, 196 + admits papal appellate power, ii, 116 + grants from confiscations, ii, 376 + his death, i, 201 + +Philip II makes no appointments, i, 299 + his control of Suprema, i, 322 + reclaims confiscations, i, 331 + enforces jurisdiction of Inqn., i, 341, 343, 437; ii, 352 + on official oaths, i, 352 + regulates tax-exemption, i, 376 + billeting of troops, i, 397 + forbids concealed weapons, i, 402 + on right to hold office, i, 416 + at Córtes of Monzon in 1564, i, 442 + evades complaints of Córtes, i, 485 + suppresses Order of Santa María de la Espada blanca, i, 508 + revives tribunal of Galicia, i, 547 + demands a forced loan, ii, 46 + case of Carranza, ii, 50, 57, 62, 64, 69, 70, 73, 77, 79, 81, 86 + impedes appeals to Rome, ii, 129, 130, 131 + defines personnel of tribunals, ii, 210 + objects to transfer of offices, ii, 221 + requires inqrs. to be clerics, ii, 235 + couples inqr. and fiscal, ii, 242 + on nobles as familiars, ii, 281 + on limpieza, ii, 291, 295, 306 + restrains commutations, ii, 413 + obtains canonries for Inqn., ii, 425 + on denunciation of accomplices, ii, 462; iii, 373 + on importance of secrecy, ii, 476 + wants penitents for galleys, iii, 142 + galleys for bigamy and blasphemy, iv, 316, 331 + on _sanbenitos_ in churches, iii, 169 + on expenses of execution, iii, 187 + on windows overlooking autos, iii, 213 + autos celebrated for, iii, 227 + at Valladolid auto, iii, 441 + milder measures for Judaism, iii, 235 + his conquest of Portugal, iii, 265 + forbids expatriation, iii, 271 + his financial exhaustion, iii, 337 + debasement of coinage, i, 562; iv, 482 + maintains commutation of confiscation, iii, 361 + dealings with Moriscos, iii, 334, 339, 367, 371, 379, 381, 388 + urges action against Protestants, iii, 435, 448 + prohibits education abroad, iii, 449 + his savage censorship, iii, 488 + renews law against sorcery, iv, 190 + political use of Inqn., iv, 250 + prosecutes Jeanne d'Albret, iv, 253 + case of Ant. Péres, iv, 254, 255, 262, 265, 267, 269 + on unnatural crime, iv, 364 + results of his reign, iv, 474 + his intolerance, iv, 499 + quarrel at his obsequies, i, 362 + +Philip III makes appointments, i, 300 + forces resignations, i, 306 + adds member to Suprema, i, 323 + asks assent of Suprema, i, 326 + reclaims confiscations, i, 331 + on royal jurisdiction of Inqn., i, 343, 510 + prohibits discharge of fire-arms, i, 408 + duplicity with Catalonia, i, 471 + on appeals to Rome, i, 494, 496; ii, 131 + case of provisor of Córdova, i, 496 + subjects Military Orders to Inqn., i, 505 + forbids refusal of competencias, i, 522 + denies episcopal cognizance of heresy, ii, 8 + favors transfer of offices, ii, 221 + inqrs. must be lawyers, ii, 235 + exaggerates limpieza, ii, 311 + restrains grants of canonries, ii, 420 + sells pardon to Judaizers, iii, 267 + sells right to emigrate, iii, 271 + refuses to banish Conversos, iii, 275 + seeks to convert Moriscos, iii, 372 + his fear of Moriscos, iii, 387 + his edict of expulsion, iii, 394 + dissipates Morisco confiscations, iii, 409 + makes treaty with England, iii, 463 + prohibits the Annals of Baronius, iii, 534 + asserts independence of Roman censorship, iii, 535 + pardons Ant. Pérez's family, iv, 270 + his lavishness, iv, 475 + debases the coinage, iv, 482 + subjection to his confessor, iv, 498 + his piety, iv, 500 + +Philip IV, appointments and resignations, i, 301, 307, 309, 323, 324 + his demands on Inqn., i, 332 + claims portion of fines, i, 340; ii, 399 + struggles against bureaucracy, i, 346, 616 + on royal jurisdiction of Inqn., i, 343, 344 + withdraws exemptions from billets, i, 398 + on bearing arms, i, 402, 408, 410 + on military service of familiars, i, 413 + on right to hold office, i, 418 + on right of asylum, i, 423 + crimes under coinage laws, i, 438 + protects Valencia familiars, i, 448 + evades reform in 1626, i, 455, 473 + yields to Córtes of 1646, i, 459, 619 + deprecates quarrels, i, 475 + maintains Catalonian privileges, i, 479 + orders Concordias enforced, i, 480 + his subservience to Pacheco, i, 487, 489, 490 + avoids quarrel with Majorca, i, 499 + regulates sequestration, ii, 496 + urged to check abuses, i, 510 + orders excommunications raised, i, 523 + on competencias, i, 522, 524 + favors the Logroño tribunal, i, 531 + on quarrels with bishops, i, 620 + contests appeals to Rome, ii, 132 + case of Villanueva, ii, 138, 140, 148, 154, 157 + proposes a governor for Suprema, ii, 165 + asks for expenses of Suprema, ii, 195 + tries to diminish officials, ii, 211 + resorts to sale of offices, ii, 212 + his prodigality, ii, 215; iv, 476 + attempts to reform _limpieza_, ii, 300, 307 + yields to chapter of Córdova, ii, 422 + proposes discharge of prisoners, iii, 155 + refuses Cromwell's demands, iii, 469; iv, 501 + confirms censorship law, iii, 489 + asks licence to read prohibited books, iii, 523 + favors the Jesuits, iii, 532; iv, 380 + asserts independence of Roman censorship, iii, 535 + defends the _regalistas_, iii, 537 + influenced by visions, iv, 39 + his horoscope, iv, 194 + competencia over bigamy, iv, 320 + punishes blasphemy, iv, 333 + urges the Immaculate Conception, iv, 359 + his disastrous reign, iv, 475 + debases the coinage, iv, 482 + subservience to Inqn., iv, 501 + his immorality, iv, 510 + +Philip V, his struggle with Giudice, i, 314 + efforts to reform Inqn., i, 317, 336; ii, 202, 223, 560 + orders a Jesuit member of Suprema, i, 323 + asserts authority of Suprema, i, 325; ii, 177 + reclaims confiscations, i, 336 + enforces obedience, i, 348 + taxes salaries, i, 383; ii, 440 + limits exemptions from billets, i, 399 + prohibits pistols, i, 402 + admits right to bear arms, i, 411 + restricts temporal jurisdiction, i, 515 + seeks to hasten competencias, i, 525 + prohibits appeals to Rome, ii, 159 + appoints Vidal Marin, ii, 178 + on false-witness, ii, 560 + refuses honor of an auto, iii, 229 + use made of Inqn., iv, 275 + persecutes Masonry, iv, 301 + curbs the Inqn., iv, 386 + stimulates culture, iv, 387 + his zeal for the faith, iv, 387 + changes law of succession, iv, 463 + on growth of Church, iv, 492 + eulogizes Inqn., iv, 501 + +Philippe le Bel expels Jews, i, 83 + +Philippines, exile to, iii, 128 + +Philosophism, iv, 307 + +Philtres, punishment for, iv, 203 + +Physician of Inqn., ii, 190, 248 + +Physicians, Moorish, i, 66 + Jewish and Moorish, forbidden, i, 73 + accused of slaying Christians, i, 74; ii, 292 + +Pichon, Yuçaf, his murder, i, 103 + +Pictures, censorship of, ii, 400; iii, 547 + +Pico della Mirandola on Jewish expulsion, i, 143 + +_Pié de amigo_, ii, 512; iii, 135 + +Pietro Paolo di S. Giovanni, iv, 61 + +Pilgrimage as penance, iii, 131 + +Pimiento, Fr. Joseph Díaz, case of, iii, 182, 205 + +Pimp, confessor serving as, iv, 111 + +Pious gifts from confiscations, ii, 371 + uses, penances applied to, ii, 393, 410 + +Pistoja, council of, iv, 286, 293, 295 + +Pistols, prohibition of, i, 402 + +Pius II exempts Franciscans from Inqn., ii, 30 + +Pius IV subjects regulars to Inqn., ii, 33 + action in trial of Carranza, ii, 70, 74, 75, 76 + condemns statute of limpieza, ii, 293 + gifts to him, iii, 252 + grants suppression of witnesses' names, iii, 258 + urges compulsion of Moriscos, iii, 334 + his Index, iii, 492 + subjects solicitation to Inqn., iv, 99 + unnatural crime to Inqn. of Portugal, iv, 365 + +Pius V forces Valdés to resign, i, 305 + his bull _Si de protegendis_, i, 368 + his protection asked by Catalonia, i, 470 + authorizes Inqn. of navy, i, 541 + issues jubilee indulgence, ii, 25 + action in Carranza's case, ii, 77, 79, 80 + invalidates acquittals, ii, 137, 142; iii, 107 + seeks to limit limpieza, ii, 306 + renews quinquennial indult, ii, 420 + confirms suppression of canonries, ii, 427 + orders torture to discover accomplices, iii, 11 + exempts from irregularity, iii, 189 + confiscation in Portugal, iii, 260 + his intolerance, iv, 500 + +Pius VI approves of Italian Bible, iii, 530 + beatifies Giov. Gius. della Croce, iv, 67 + dispensation to Beata Clara, iv, 91 + condemns council of Pistoja, iv, 286 + +Pius VII renews quinquennial indult, ii, 423 + suppresses torture, iii, 35 + reforms procedure of Inqn., iii, 92 + denounces Masonry, iv, 303 + breaks with the Liberal Government, iv, 441 + supports the Regency of Catalonia, iv, 444 + +Pius VIII grants appeals from _juntas de fe_, iv, 462 + +Pius IX blesses Sor Patrocinio, iv, 93 + +Pla, Joseph, Inqr. of Catalonia, i, 479, 480 + +Place and time suppressed in publication, iii, 54 + +Plaintiff must seek court of defendant, i, 430, 466 + +Plasencia, wealth of see, ii, 154; iv, 494 + +_Plata national_ and _provincial_, i, 562 + +_Plata_, salaries partly paid in, ii, 197 + +Plate of officials, seizure of, i, 333 + +Plaza, Fray Fernando de la, i, 152 + +Plea for mercy, iii, 184, 185, 188 + +Pleas in abatement, iii, 58, 63 + +_Plomos del Sacromonte_, iv, 357 + +Plots, Morisco, iii, 385 + against Fernando VII, iv, 434 + +Pluralism of officials, ii, 418 + +Poblet, royal tomb in, ii, 374 + +Pole, Cardinal, his books examined, iii, 508 + +Police power during autos, iii, 213 + rules disregarded, i, 365 + +Politics, Inqn. not an instrument for absolutism, i, 291; iii, 249 + occasional service, iii, 251 + case of Ant. Pérez, iii, 253 + he is prosecuted for blasphemy, iii, 258 + obstruction of royal policy, iii, 267 + occasional cases, iii, 273 + subservient to the Bourbons, iii, 275 + export of horses, iii, 278 + use of impostors, iv, 84, 92 + political propositions, iv, 177 + +Poll-tax on Jews and Moors, i, 85, 86, 125 + +Pollution of churches, iv, 130 + +Polygamy tolerated, i, 87 + +Pombal, his reforms, iii, 310 + denies existence of sorcery, iv, 202 + +Ponce de la Fuente, Constantino, iii, 427, 429, 445 + +Ponce de Leon, Juan, case of, iii, 176, 201, 427, 429, 443 + +Ponce de Leon, Martin, inq.-genl., i, 178; ii, 257 + +Pontificals prohibited, iii, 531 + +Poore, Richard, punishes solicitation, iv, 97 + +Popes, claim of patronage resisted, i, 12 + their jurisdiction supreme, ii, 160 + dispense for marriage in Orders, iv, 337 + +Population of Spain, iv, 476, 487 + +Pork, avoidance of, iii, 232 + +_Portero_, the, ii, 246 + _de camara_, ii, 247 + +Portocarrero, Inq.-genl., his resignation, i, 306 + on age of inqrs., ii, 236 + +Portocarrero, Juan D., on royal jurisdiction, i, 344, 345 + defends mystics, iv, 31 + becomes Bp. of Guadix, iv, 37 + +Portraits of penitents in churches, iii, 171 + +Portugal, oppression of Jews, i, 117, 140 + New Christians fly to, i, 165 + extradition with Castile, i, 191, 253; iii, 278 + effect of its conquest, iii, 237, 266 + emigration to Castile, iii, 277 + infection of blood, iii, 283 + offers for relief, iii, 283, 286 + injury to commerce, iii, 288 + treaty of 1668, iii 303 + equality of New Christians, iii, 310 + Jesuit mystics, iv, 22 + solicitation, iv, 100 + sorcery, iv, 202 + unnatural crime, iv, 365 + See also Inqn. of Portugal. + +Portuguese refugees in Italy, iii, 254 + regarded as Jews, iii, 270, 283, 296 + emigration to France, iii, 271 + forbidden to emigrate, iii, 271, 303 + vigilantly tracked, iii, 297 + Moors invited to Spain, iii, 319 + +Possadas, Fray Fran. de, on Molinism, iv, 70 + +Possession, demoniacal, iv, 348 + +Postage oppressive in 1815, iv, 428 + +Post-office, influence of, ii, 179 + +_Potro_, iii, 19 + +Poza, Juan Bautista, iii, 57, 536 + +Pozo, Juan del, opposes grants, ii, 382 + +Pozzo di Borgo sent to Madrid, iv, 451 + +Practice, ii, 457 + +Practices, Jewish and Moslem, i, 146; ii, 565 + +Prado y Cuesta revokes all licences, iii, 524 + his Index, iii, 495; iv, 289 + +_Pragmática del Exequatur_, iii, 540 + +Pragmáticas, violation of, i, 438 + of 1501, ii, 401, 404, 406 + +Prat, Juan, i, 276, 277, 281, 282 + +Prayer-test, ii, 568 + +Prayer at opening of sessions, iv, 523, 546 + +Prayer, mental, iv, 1, 2, 6, 28, 30 + forbidden, iv, 46 + practised by Pelagini, iv, 47 + taught by Molinos, iv, 50, 52 + by Beccarellisti, iv, 61 + by S. François de Sales, iv, 62 + by Madame Guyon, iv, 63 + by Giov. Gius. della Croce, iv, 68 + by Toro of Oviedo, iv, 74 + +Prayers, Jewish, i, 150 + used as charms, iv, 188 + +Preachers at autos, iii, 216 + +Preaching authorised for conversion, i, 91 + absurd, iv, 168 + censorship of, iv, 173 + +Prebends, see Canonries + +Precautions in solicitation, iv, 119 + +Precedence, contests over, i, 359; iii, 214 + +Precepts, in observance of, ii, 11 + +Predestination, debate over, iv, 284 + +Pre-eminence of Inqn., i, 351 + +Pregnancy in prison, ii, 524 + torture in, iii, 15 + +Prelates, their character, i, 8; iv, 497 + +Preliminaries of torture, iii, 4 + +Premium on precious metals, i, 438, 563; iv, 482 + +Preparation of Index, iii, 493 + +Prescription of time, i, 270; ii, 377, 328 + +President of Suprema, ii, 164 + +_Presidios_, iii, 144 + +Press, freedom of, iv, 404 + +Price of papal absolutions, ii, 104 + of offices, ii, 214 + +Priesthood, immunity of i, 428 + personation of, iv, 339 + +Priests, marriage of, iv, 336 + must absolve for heresy, ii, 21 + +Prince-bishops, their judges, iii, 184 + +Printers, foreign, prosecuted, iii, 457 + +Printing, decline of, iv, 530 + regulation of, iii, 489 + office, sequestration of, ii, 501 + +Prison, the secret, ii, 230, 507 + only for heresy, i, 444 + infamy caused by, i, 485, 510, 512 + clerics not confined in, iii, 180 + expenses paid by alguazil, ii, 210, 245 + abuses in, i, 222; ii, 526 + inspection of, ii, 509, 524, 525 + humane regulations, ii, 524, 525 + laxity of discipline, ii, 518, 520 + sickness in, ii, 522 + escape from, ii, 513 + deaths in, ii, 522; iii, 285 + +Prisoners, kept _incomunicado_, ii, 493, 515 + their existence concealed, ii, 473 + their maintenance, i, 567; ii, 500, 528, 532 + expenses thrown on them, ii, 494, 530, 533 + allowance fixed by inqrs., ii, 531 + their rations, ii, 524, 525, 527 + cook their own food, ii, 519 + clothes supplied to, ii, 528 + female, ii, 523, 525, 526 + pregnant, ii, 524 + kept in ignorance of sentence, iii, 94 + borrowing of, i, 481 + denied sacraments, ii, 520 + +Prisons, perpetual or penitential, iii, 151 + construction ordered, i, 567 + gradually provided, iii, 152, 154 + their inspection, iii, 153 + their discipline, iii, 152, 154, 156 + escape from, iii, 156 + meaning of perpetual, iii, 159 + irremissible, ii, 411; iii, 160 + substitutes for, iii, 152 + become obsolete, iii, 158 + prisoners not to be supported, iii, 153 + their mode of livelihood, iii, 155 + +Prisons, episcopal, harshness of, ii, 509 + +Prisons, character in Portugal, iii, 284 + +Priuli, Lorenzo, on _limpieza_, ii, 309 + +Privileges, Jewish, withdrawn, i, 117 + of Majorca, i, 266 + in the markets, i, 533 + of Inqn., oath to uphold, i, 352 + of officials, i, 375 + in Portugal, iii, 262 + +Probabilism, iv, 510 + +Procedure, secular, in Castile, ii, 467 + of Inqn., kept secret, ii, 475 + uniformity attained in, iii, 37 + delays in, iii, 76 + in trials of the dead, iii, 83 + of the absent, iii, 83 + in cases of propositions, iv, 142 + in unnatural crime, iv, 363 + amelioration of, iv, 392 + +Process, the inquisitorial, ii, 465 + +Processions of penitents, i, 169 + of the green cross, iii, 216 + +Proclamation on arrival of inqr., i, 617 + of autos, iii, 214 + +_Procurator del fisco_, ii, 250 + +Procurators allowed to accused, iii, 43 + denied to accused, iii, 49 + for the absent and dead, iii, 50 + +Procuress, penitent serving as, iv, 111 + +Prodigality with confiscations, ii, 373, 376; iii, 409 + of Philip IV, ii, 215 + +Profession of faith by inqrs., ii, 420 + +Professions forbidden to Jews, i, 117 + to penitents, iii, 173 + +Profits of temporal jurisdiction, i, 462, 468, 508 + of multiplying offices, ii, 212 + of confiscation, ii, 367 + of penances and fines, ii, 397, 398 + of dispensations, ii, 403 + of persecution, ii, 315; iv 527 + +Progress, intellectual, impeded, iii, 549; iv, 148, 528 + +Prohibition to collect taxes, i, 380 + +Promoter fiscal, see Fiscal + +Proofs, character of, iii, 232 + required for arrest, ii, 490 + required for torture, iii, 9 + in trials of the dead, iii, 84 + +Property, accused examined as to, ii, 321 + its concealment, ii, 322 + alienated, is confiscated, ii, 339 + faculties to purchase, ii, 346 + wasted in confiscation, ii, 364, 370 + sequestrated is sacred, ii, 497 + in hands of third parties, ii, 503 + of Inqn., escheated, iv, 412, 437 + restored in 1814, iv, 427, 540 + +Prophetess of Herrera, i, 186; iv, 520 + +_Propinas_ of Suprema, ii, 195 + +Propositions, iv, 138 + definitions, iv, 139 + ever-present danger, iv, 140 + abusive punishments, iv, 141 + rules for procedure, iv, 142 + marriage better than celibacy, iv, 144 + fornication not sinful, iv, 145 + influence on intellectual development, iv, 148 + case of Luis de Leon, iv, 149 + his second trial, iv, 159 + case of Francisco Sanchez, iv, 162 + case of Joseph de Sigüenza, iv, 168 + theological trivialities, iv, 171 + errors in preaching, iv, 173 + proportion of business, iv, 176 + intention in, ii, 577 + +Proprietorship in offices, ii, 219 + +Proscription of Liberals, iv, 433, 448, 450, 452 + its effects, iv, 453 + +Prosecution _in absentia_, ii, 466, 467 + +Prosecutor, public, ii, 466, 479 + +Proselytism forbidden, i, 87 + ascribed to Jews, iii, 293 + +Protection of officials, i, 242, 368 + of witnesses, ii, 549 + +Protest attached to confessions, ii, 574 + +Protestantism, iii, 411 + no danger to Spain, iii, 448 + its disappearance, iii, 457, 461 + foreign, its exclusion, iii, 472 + converts from, iii, 476 + confused with Mysticism, iv, 4, 13 + modern propagandism, iv, 471 + statistics of, iv, 525 + its intolerance, iv, 532 + +Protestants, special severity for, iii, 200 + successfully excluded, iii, 472, 473 + persecute witches, iv, 246 + +_Proveedor_, ii, 249 + +_Providas_, bull, against Masonry, iv, 300 + +Provision for families of prisoners, ii, 499 + +Provisions, seizure of, i, 392 + detention of, for inqrs., i, 534 + +Provisors, prosecution of, i, 495; ii, 9 + +Publication of Edict of Faith, ii, 94 + of evidence, ii, 552; iii, 53 + +Public funds, investments in, ii, 439, 444 + heresy, ii, 4 + office, right to hold, i, 415, 419 + +Puente, Luis de la, iv, 18 + +_Pugio Fidei_, the, i, 114 + +Puigblanch, his _Inquisicion sin Mascara_, iv, 405 + attacks Villanueva, iv, 442 + +Pulgar, Hern. de, his statistics, iv, 518 + +Pulpit, censorship of, iv, 173 + +Punishment is penance, ii, 389, 569 + under Edict of Grace, i, 169 + corporal, sentences of, ii, 184 + reduced by Suprema, ii, 187 + indelible stigma of, ii, 299 + commutation of, ii, 402, 408 + after overcoming torture, iii, 31 + at discretion of inqrs., iii, 98 + multiple, iii, 101 + enforcement of, iii, 101, 104 + with acquittal, iii, 107 + with suspension, iii, 110 + minor, iii, 121 + accompanying abjuration, iii, 125 + unusual, iii, 132 + harsher, iii, 135 + for using papal briefs, ii, 110, 117 + for concealing property, ii, 321 + for false-witness, ii, 554, 556, 561 + for disobeying censorship, iii, 525 + of mystics, iv, 35 + of impostors, iv, 86, 88 + of solicitation, iv, 97, 101, 119, 126 + for propositions, iv, 141 + of sorcery, iv, 197 + of witchcraft, iv, 218, 224, 240 + of bigamy, iv, 316, 318, 321 + of blasphemy, iv, 328, 331, 334 + of marriage in Orders, iv, 336, 337, 338 + of personating priesthood, iv, 343 + of personating officials, iv, 345 + of insults to images, iv, 353 + of unnatural crime, iv, 361, 365, 367 + mitigation in 1815, iv, 432 + statistics of, iii, 553 + +Purchase of papal letters, ii, 118, 121 + of pardon, iii, 267, 363 + +Purging evidence, iii, 7, 30 + +Purification, iv, 408, 425 + +Purveyance and pre-emption, i, 393 + +Purveyors not to take provisions by force, i, 533 + +Pyrenees, peace of, iii, 471 + +Pyx, theft of, in Portugal, iii, 284 + + +Qualifications of inquisitors, i, 158, 237; ii, 233 + of familiars, ii, 275, 279 + of officials, ii, 250 + limpieza indispensable, ii, 296 + of witnesses, ii, 536, 539 + +Quarantine broken by inqr., i, 264 + work by Inqn., iv, 381 + on ideas, iii, 505 + +Quarrels of Torquemada and inquisitors, i, 177 + over precedence, i, 360; iii, 214 + with secular courts, i, 434, 439, 452, 469, 481, 486, 492 + of bishops and inqrs., i, 497, 620 + between the Regular Orders, ii, 38 + over house in Valladolid, ii, 208 + over revenues of canonries, ii, 430 + +Quartering of troops, i, 394 + +Quarters, free, i, 395 + +_Quarto_ and _quartillo_, i, 562 + +Queipo, Bp., tried by Inqn., ii, 88 + +_Quemadero_ of Seville, i, 164 + procession to, iii, 219 + special, for unnatural crime, iv, 368 + +Queral, D. Pedro de, his grievances, i, 537 + +Querétaro, demoniacs in, iv, 350 + +_Question préalable_ or _définitive_, iii, 11 + +Questions referred to Suprema, ii, 163 + not put during torture, iii, 18 + leading, forbidden, iii, 71 + +Quevedo, Bp. of Orense, iv, 401, 404, 407, 417 + +Quicksilver mines, service in, iii, 145 + +Quietism, iv, 4, 8, 9, 18 + in Edict of Faith, iv, 18, 24 + condemned, iv, 28 + taught by Molinos, iv, 49 + its errors, iv, 55 + of Beccarellisti, iv, 61 + of S. François de Sales, iv, 62 + limited by Fénelon, iv, 65 + of Giov. Gius. della Croce, iv, 68 + of Toro of Oviedo, iv, 72, 535 + +Quietists, designs attributed to, iv, 53 + +Quinisext Council on Jews, i, 39 + +Quiñones, Suero de, i, 5 + +Quinquennial indults, ii, 416, 422, 423 + +Quintanilla revives Hermandad, i, 30 + +Quinto, Javier de, on oath of allegiance, i, 229 + +Quiroga, Inq.-genl., honors Carranza's memory, ii, 85 + his prosecution threatened, ii, 130 + enforces secrecy, ii, 472 + his Index, iii, 493, 528 + protects Luis de Leon, iv, 157, 161 + his gifts to Philip II, iv, 494 + +Quiroga, María (see Patrocinio), iv, 92 + +Quito, _la Azucena de_, iv, 39 + omission of Edict of Faith in, ii, 98 + + +Rábago, Padre, defies the Holy See, iv, 290 + decries culture, iv, 530 + +Race, antagonism of, i, 121, 126 + +Rack, the, iii, 21 + +Raga, Martin de la, escapes assassination, i, 250 + +Ram, Mateo, i, 251, 257, 604 + +Ramírez of Guatemala organizes an Inqn., ii, 8 + +Ramírez de Haro, Bp., iii, 373 + +Ramiro I persecutes sorcerers, iv, 179 + +Ramon Martin, his Pugio Fidei, i, 114 + +Ramoneda, Estevan, case of, iv, 129 + +Ranke on political use of Inqn., iv, 248 + +Ransoms, commutations used for, ii, 411 + +Rapica, Mateo de, his persecution, i, 146 + +Rates of interest, i, 97 + +Ratification of evidence, ii, 544, 546; iv, 106 + of confession in torture, iii, 7 + +Ratio of gold and silver, i, 560 + +Rations for prisoners, ii, 519, 525, 531 + +Razors, censorship of, iii, 546 + +Reaction in favor of Jews, i, 121 + ten years of, iv, 450 + +Reading of edicts in churches, i, 359 + +_Real_, value of, i, 561 + +Real Compañia Maritima, ii, 444 + +Real, Dr., on unnatural crime, iv, 365 + +Real estate, insecurity of titles, ii, 327, 339, 346 + +_Rebeldia_, or contumacy, ii, 467; iii, 83 + +Rebukes of tribunals by Suprema, ii, 183, 186 + +_Recabdores_, i, 98 + +Receipt given for dower, ii, 599 + +Receiver of fines and penances, ii, 391 + +Receiver-general, his duties, ii, 366 + of penances, ii, 392 + +Receivers of confiscations, ii, 250 + sent to Seville in 1480, ii, 315 + honor requisitions of Suprema, ii, 191 + districts assigned to, ii, 206 + become officers of Inqn., i, 328 + powers and duties, ii, 342, 445 + pay maintenance of prisoners, ii, 529 + their accounts, i, 294; ii, 365, 446, 447, 600 + deposits in coffer, ii, 450, 452 + defalcations habitual, ii, 451 + obstruct grants from confiscations, ii, 382 + +Receivership, price of, ii, 214 + +Recemund, Bishop, his embassy, i, 47 + +Reception of inqrs. in visitations, ii, 239 + +Reclamation of sequestrated property, ii, 497 + +Reclusion in convents, iii, 180 + +_Recojimiento_, iv, 6 + +_Reconciliados_, spoliation of, ii, 335 + their Christian slaves liberated, ii, 340 + forbidden to trade with Indies, ii, 357 + +Reconciliation, private, i, 296 + as punishment, iii, 146 + infers confiscation, ii, 320; iii, 149 + of the dead, iii, 85 + after relaxation, iii, 90 + ceremony of, iii, 147 + _sanbenito_ prescribed for, iii, 162 + during auto de fe, iii, 191 + in relapse, iii, 206 + in witchcraft iv, 213, 228, 230 + +Reconquest, toleration during, i, 52 + +Records of the Inquisition, i, 159 + their development, ii, 255 + retained by officials, ii, 257, 258 + their arrangement, ii, 259 + intercommunication of, ii, 280 + final perfection, ii, 261 + why never bound, ii, 474 + of familiars, ii, 274 + +Rectories for Moriscos, iii, 367 + +Rectors, their character, iii, 367, 368 + +_Recurso de fuerza_, i, 341 428; iii, 533 + +Recusation of judges, ii, 69, 143, 467; iii, 57 + +Redemption of captives, ii, 411 + of punishment, ii, 408 + +Reform, Charles V's project of, i, 218 + project of, in 1623, i, 381 + efforts of Philip V, i, 317, 336; ii, 202, 223, 560 + +Reformation, the, its influence, iii, 412 + clerical celibacy in, iv, 337 + +_Reformistas antiguos espanoles_, iii, 427 + +Refreshments at bull-fights, ii, 198 + +Refuge in lands of nobles, i, 241 + +Refugees in Rome, ii, 114 + in Guienne to be seized, iii, 278 + despoilment of, ii, 337 + +Refusal of onerous offices, i, 420 + +_Regalías_ defended by Inqn., iii, 535 + assailed by Inqn., iii, 540 + control the Inqn., iv, 390 + +_Regalistas_, quarrel over, iii, 533 + +Regency of Maria Ana of Austria, i, 310 + during War of Liberation, iv, 403, 416, 419, 422 + of Catalonia, iv, 443 + of 1823, iv, 443 + of Cristina, iv, 456 + +Reggio, Alessandro, attacks Molinos iv, 52 + +_Regimento_ of Portuguese Inqn., iii, 262, 310 + +Registers, ii, 266 + +Register of Valencia, iv, 458 + of confiscations, i, 581 + of familiars, i, 467; ii, 274 + of solicitations, iv, 135 + +Registration of foreigners, iii, 472 + +Regla, Juan de, his prosecution, iii, 420 + +Regulars, subjected to Inqn., ii, 29, 36; iv, 100 + solicitation by, iv, 135 + quarrels between, ii, 38; iv, 380 + +Regulations of _cárceles secretas_, ii, 519 + for foreign heretics, iii, 464, 473, 475 + +Rehabilitations, ii, 402 + composition for, ii, 358 + profits of, ii, 403, 408 + papal and royal, ii, 404, 406 + +Reina Cassiodoro de, iii, 428, 447 + +Rejaule, Dr. Juan, case of, i, 405 + +Relapse, definition of, iii, 202 + after abjuration _de vehementi_, iii, 124 + after reconciliation, iii, 148 + for non-performance of sentence, iii, 102, 173 + relaxation for, iii, 125, 190, 202, 204 + reconciliation in, iii, 206 + in inferential heresy, iii, 207 + in solicitation, iv, 129 + +Relapsed admitted to mercy, i, 267 + +Relator, ii, 194 + +Relaxation, iii, 183 + for impenitence, iii, 190, 195 + for denial, ii, 585; iii, 198 + for _diminucio_, iii, 199 + for revocation, ii, 582 + for relapse, iii, 125, 190, 202, 204 + for infraction of sentence, iii, 101, 173 + sentences of, submitted to Suprema, ii, 181 + in churches, iii, 224 + have precedence, iii, 187 + magistrates informed in advance, iii, 187 + after confession, iii, 190 + without burning, iii, 192 + not for solicitation, iv, 128, 129 + in witchcraft, iv, 214, 218, 227 + in unnatural crime, iv, 367, 368 + becomes obsolete, iii, 208 + statistics, iii, 562; iv, 517 + +Relaxation of discipline, ii, 225 + +Relaxed, efforts to convert the, iii, 196 + +Religion subservient to politics, i, 50 + character of, iv, 502 + +Remedies for witchcraft, iv, 213 + +Remittance, colonial, seized, i, 333 + +Removal of records forbidden, ii, 257 + +Remy, Nich., on witches, iv, 246 + +_Rentas Provinciales_, iv, 487 + +Rents collected through Inqn., i, 270 + +Renewal of commissions, ii, 162 + +_Repartimiento_ of 1284, i, 86 + of 1474, i, 125 + +Repentance, feigned, relaxation for, iii, 191 + +Repetition of torture, iii, 18, 28 + +Reports required from tribunals, ii, 183 + of visitations, ii, 238 + financial, ii, 448 + of torture, iii, 24 + +Representation in Córtes, i, 2 + of the Persians, iv, 421 + +Reprimand, iii, 109, 112, 113, 121; iv, 334 + +Repudiation of debts to _reconciliados_, ii, 335 + +Requesens, Juan de, case of, i, 537 + +Reserve engendered by Inqn., ii, 91; iv, 515 + +Residence, episcopal, required, i, 306 + dispensation from, ii, 415 + royal, exile from, iii, 126 + +Resignations in favor of descendants, ii, 220 + of inqrs.-genl., i, 304, 613 + +Resistance, absence of, in Castile, i, 185 + in kingdoms of Aragon, i, 239, 245, 261 + to grant of canonries, ii, 416 + to _visitas de navíos_, iii, 513 + +Respect, enforcement of, i, 366, 370 + diminution of, iv, 392, 431 + +Responsibility, age of, ii, 3 + absence of, ii, 478 + for confiscation, ii, 317 + for burning, iii, 183 + of _secrestador_, ii, 502 + +Restoration of Fernando VII, iv, 420 + revival of Inqn., iv, 424 + finances of Inqn., iv, 426, 540 + its moderation, i, 521; iv, 430 + limpieza under, ii, 311 + censorship under, iii, 544 + political use of Inqn., iv, 277 + disappearance of Jansenism, iv, 297 + Masonry, iv, 304 + +Retraction, formula of, iv, 173 + +Retrenchment under Restoration, iv, 428 + +Retribution for intolerance, iv, 533 + +Revelations of demons, ii, 134 + doubtful source of, iv, 4 + +Revenue of Castile, i, 8; iv, 487 + derived from Jews and Moors, i, 66, 85, 110 + farming of, i, 98 + of canonries, ii, 430 + of Inqn., ii, 440, 608; iv, 460 + +_Revisores de libros_, iii, 487, 501 + in custom-houses, iii, 509 + +_Revocante_, ii, 582 + in Valencia, ii, 584; iii, 129 + punishment of, iii, 10, 28, 29, 200 + in witchcraft, iv, 232, 235 + +Revocation of letters of absolution, ii, 591 + +Revolts in 1820-3, iv, 443 + +Revolution, French, influence of, iii, 509; iv, 390 + of 1820, iv, 434 + its failure, iv, 442 + +Ribas Altas, Maestre, story of, i, 132 + +Ribas Altas, Aldonza, burnt, i, 610 + +Ribbons, sacrilegious, iii, 546 + +Ribera, Abp., his edict of faith, ii, 8 + dealings with Moriscos, iii, 342, 361, 368, 372, 382, 389, 393, 409 + protests against English treaty, iii, 465 + favors mysticism, iv, 20 + +Ricaldini, Agostino, iv, 47 + +Ricasoli, Pandolfo, iv, 43 + +Ricci, Giovanni, nuncio, iii, 249, 251 + +Ricci, Scipione de', iv, 286 + +Rico, Medina, as inspector, ii, 230 + +Ricosomes, their allegiance, i, 1 + +Riego, Rafael de, his rising, iv, 434 + +Riesco, Francisco, iv, 398, 401, 404, 408, 409 + +Rigorism of Jansenists, iv, 285 + +Rios, Amador de los, his statistics, iv, 518 + +Ripaut, Archange, combats mysticism, iv, 63 + +Ripoll, Cayetano, case of, iv, 401 + +Rites, Judaic, their importance, i, 145 + their obsolescence, iii, 300 + +Roa, Juan de, his book condemned, iii, 534 + +Roads, lack of, iv, 480 + +Roales, Francisco, attacks Jesuits, iv, 380 + +Robert the Pious burns heretics, iii, 183 + +Robinson Crusoe prohibited, iii, 497 + +Robles, Bart., his importations, iii, 512 + his book-shop examined, iii, 488 + +Rocaberti, Inq.-genl., instructions to him, i, 301 + his dispensation, i, 313 + on strife between regular Orders, ii, 39 + investigates bewitchment, ii, 170 + +Rodríguez, Miguel, on Catalonia, i, 474 + +Rodrigo, Fran. J. G., his statistics, iv, 517 + +Rodrigo of Toledo, his intolerance, i, 59 + appoints Jews to office, i, 99 + +Roda, Manuel de, suspected, iv, 310 + +Roig, Martin, cost of proving his limpieza, ii, 302 + +Rojas, Bp. Cristóbal de, favors mystics, iv, 20 + +Rojas, Domingo de, ii, 53; iii, 430, 431, 442 + +Rojas, Juan de, his work on practice, ii, 476 + on Concordia of 1568, i, 446 + on ratification, ii, 547 + on concurrent witnesses, ii, 563 + on imperfect confession, ii, 575 + on consulta de fe, iii, 73 + on suicide in prison, iii, 197 + on propositions, iv, 142 + +Rolle, Richard, the mystic, iv, 2 + +Romain, G., on Inqn., iv, 248 + +Roman law, confiscation in, ii, 316 + Inqn., see Inqn. of Rome + +Rome, its patronage resisted, i, 12 + appeals to, i, 494, 496; ii, 103 + concerning canonries, ii, 422 + assists Mallorquin clergy, i, 498, 502, 503, 504 + use of Edict of Faith, ii, 97 + converso refugees, ii, 114 + citations to, ii, 118 + struggle over dispensations, ii, 405, 406 + grants Inqn. to Portugal, iii, 239 + reserves right to issue licences, iii, 522 + allows vernacular Bible, iii, 529 + Masonry condemned, iv, 229 + condemns the _Plomos del Sacromonte_, iv, 358 + payments withdrawn from, iv, 441 + +Romero, Alonso, case of, iv, 171 + +Romuald of Freiburg accuses Olavide, iv, 309 + +Romualdo burnt for Molinism, iv, 62 + +Rosary as penance, iii, 132 + +Rosellon, New Christians, in, i, 146 + abandoned to France, i, 479 + +Rossi, Margarita, iv, 48 + +Rovere, Marco della, iii, 239, 241, 243 + +Royal Council, struggles with the Inqn., i, 487, 491 + permits service of papal brief, ii, 128 + grants licences to print, iii, 483, 489 + consulta of, 1619, iv, 478, 490 + +Royal jurisdiction of Inqn., i, 343, 614 + +Royalist Volunteers, iv, 448 + +Royalists, ultra, risings of, iv, 456 + +Royz, Juan, ii, 253, 374, 375 + +Ruet, Francisco, his persecution, iv, 469 + +Rules of Inquisition, i, 181, 571-80 + for examinations, iii, 70 + +Ruyz Padron, iv, 413, 423 + + +Saavedra, the False Nuncio, iii, 243 + +Sabbat, the, of witchcraft, iv, 207, 214, 217, 227, 229 + debate as to reality, iv, 209, 231 + evidence as to participants, iv, 232, 243, 245 + +Sabbath, Jewish, held inviolate, i, 87 + its observance, iii, 232, 300 + +_Saco bendito_, iii, 162 + +Sacrament, trampling on, iv, 355 + sacrilege by Jews, i, 116 + +Sacraments, importance of, iv, 339 + vitiated by heretics, ii, 2 + denied to prisoners, ii, 520 + denied to _negativos_, iii, 198 + denied to witches, iv, 232, 237 + +_Sacramentum Pænitentiæ_, bull, iv, 112 + +Sacromonte, fictitious martyrs of, iv, 358 + +Saddlers, Morisco, wanted in Córdova, iii, 399 + +Saez, Victor Damien, iv, 449 + +Safe-conducts issued by inqrs., i, 270 + to outlaws limited, i, 444 + +Sailors, foreign, prosecuted, iii, 446, 462 + +Saints, uncanonized, iv, 355 + +St. Victor, Richard of, on trances, iv, 4 + +St. John, Knights of, seek papal brief, i, 500 + +_Sala_, autos held in, iii, 221 + +_Sala de media añata_, i, 378 + +Salamanca, Council of, on Jewish physicians, i, 74 + in 1565, on heretics, ii, 55 + +Salamanca, Univ. of, Conversos barred from, ii, 287 + professors prosecuted, iv, 150 + astrology suppressed, iv, 193 + its Jansenism, iv, 293 + +Salaries, division of, ii, 220, 222 + in Valencia, in 1482, i, 231 + in Saragossa, in 1484, i, 244 + of fiscal and notaries, ii, 241 + paid by the king, i, 291, 294 + his assent required for, i, 330 + Ferdinand's complaint, i, 568; ii, 209 + taxed by Philip V, i, 383 + fixed by inq.-genl., ii, 163 + controlled by Suprema, ii, 189 + of president of Suprema, ii, 165 + of Suprema, ii, 196, 202 + their inadequacy, ii, 217, 251; iv, 388 + dependent on confiscations, ii, 349, 371, 393 + have preference over grants, ii, 380 + not relieved by benefices, ii, 418 + +Salas, Ramon de, case of, iv, 313 + +Salazar, Count of, expels Moriscos, iii, 399, 403, 404 + +Salazar, de Soto, his visitation, i, 369, 442, 468, 529; ii, 181 + its cost, ii, 228 + +Salazar Frias on witchcraft, iv, 225, 227, 230 + +Sale of papal absolutions, ii, 104 + of offices, ii, 213 + of dispensations, ii, 402, 408 + of property by penitents, i, 243 + by heretics, ii, 325, 339 + of books to be reported, iii, 501 + +Salgado de Somoza, his books condemned, iii, 535 + +Salic law, question of, iv, 462 + +_Salidas_, iii, 226 + +Salignac on invasion of Spain, iii, 388 + +Salt, trading in, by Inqn., i, 391 + privilege of Valencia tribunal, i, 394 + +Salucio, Agustin, on limpieza, ii, 306 + +_Saludadores_, iv, 180 + +Salvatierra, Bp. of Segorbe, on Moriscos, iii, 341, 345, 389 + +Salvation the object of Inqn., ii 482, 569; iii, 196 + torture as means of, iii, 11 + +Samaniego, Felipe, case of, iv, 311 + +Samuel ha Levi of Granada, i, 51 + +Samuel of Morocco assails Jews, i, 113 + +_Sanbenito_, ii, 401; iii, 162 + its severity, ii, 409; iv, 527 + cost of dispensation for, ii, 402 + offer to Ferdinand, i, 280 + _de dos aspas, de media aspa_, iii, 125, 163 + its duration, iii, 163 + worn in auto, iii, 209 + discarding it, iii, 103, 156, 164 + of assassins of Arbués, i, 258 + hung in churches, iii, 165 + becomes obsolescent, iii, 170 + +Sánchez, Francisco, case of, iv, 162 + +Sánchez, Juan, iii, 429, 431, 442 + +Sánchez, Juan, on solicitation, iv, 114 + +Sánchez, Tomás, on consultation of demons, ii, 170 + +Sancho I aided by Moors, i, 53 + +Sancho IV, his rebellion, i, 3 + Hermandades under, i, 29 + limits Jewish privileges, i, 95 + +Sancho, Francisco, labors on Index, iii, 487, 493 + +Sancho de Ciudad, trial of, iii, 87 + +Sanctity or heresy, iv, 16 + +Sanctuary afforded by Inqn., i, 421 + +_Sanctus Diabolus_, iv, 332 + +Sandoval, Index of, iii; 495 + instructions to him, i, 300 + +San Hermengildo, college of, its bankruptcy, iv, 381 + +Sanity, investigation into, iii, 60 + +San Martin, Juan de, the first inquisitor, i, 160 + quarrels with Torquemada, i, 177 + +San Miguel, Evaristo, iv, 403, 441, 445 + +San Placido, case of convent of, ii, 134, 137, 138, 157 + +San Roman, Francisco de, iii, 423 + +San Sebastian, appeals to Charles V, i, 33 + foreigners in, iii, 461 + import of books, iii, 517 + +Santafé, Francisco de, i, 257, 601 + +Santafé, Gerónimo de, i, 115, 117 + +_Santa Hermandad, la_, i, 29 + +_Santa María de la Espada Blanca_, Order of, i, 507 + +Santa María, Pablo de, i, 114 + +Santander, witch-craze in, iv, 223 + +Santangel, Luis de, penanced, i, 259 + +Sant Feliu, Juan, case of, i, 431 + +Santiago, college of, in Huesca, i, 456 + +Santiago, tribunal of, i, 552 + its finances, ii, 441 + _visitas de navíos_, iii, 315 + chapter of, appeals to Rome, ii, 422 + +_Santiguada_, ii, 568 + +_Santigueadores_, iv, 233 + +Santis, Don Martin, his murder, i, 446 + +_Santa Niño de la Guardia_, i, 134 + confrontation in case of, ii, 553 + +Santos, Inqr., and Fray Vinegas, i, 371 + +Santos, Fray Manuel, case of, iii, 456 + +Santos, Francisco, on indolence, iv, 495 + on profanation of churches, iv, 503 + +Sanz, Mari, an alumbrado, iv, 23, 24 + +Saracens, their toleration, i, 45 + aided by Christians, i, 49, 52 + +Saragossa, dispute over its archbishopric, i, 13 + expulsion of Jews, i, 132 + Córtes of, 1518, i, 275 + quarrels with tribunal, i, 389 + massacre of French troops, i, 396 + its composition violated, ii, 355 + revolt in 1820, iv, 435 + +Saragossa, its tribunal, i, 244, 552 + its activity, i, 255, 592 + rebuked by Ferdinand, i, 187 + its relations with Navarre, i, 225 + quarrel over precedence, i, 360 + its temporalities seized, i, 452 + its finances, i, 463; ii, 209, 437, 441 + its contribution to Suprema, ii, 192 + frauds of receivers, ii, 451 + musicians illtreated, i, 366 + is visitor of College of Santiago, i, 456 + Córtes of 1646, i, 458 + military service of officials, i, 413 + persecution of Moriscos, iii, 358 + case of Ant. Pérez, iv, 259 + auto of Oct. 20, 1591, iv, 268 + trade in horses, iv, 280 + operations of Inqn., iv, 521 + +Sardinia, bishops deprived of jurisdiction, ii, 6 + appeals to Rome, ii, 129 + no _ayudas de costa_, ii, 254 + _visitas de navíos_, iii, 512 + solicitation, iv, 123 + reform of Franciscans, iv, 252 + competencia on bigamy, iv, 320 + +Sarmiento, Inqr., i, 529; iv, 218 + +Satisfying the evidence, ii, 575 + +_Saynetes_, censorship of, iii, 547 + +Scaglia, Card., on mysticism, iv, 42 + on personating priesthood, iv, 340 + on possession, iv, 352 + +Scandal more dreaded than crime, i, 368; iv, 119, 130, 137 + +Scaviella, people of, their complaint, ii, 347 + +Schäfer, Dr. Ernst, his statistics, iii, 426, 455; iv, 525 + +Schism threatened in Villanueva'e case, ii, 152 + +Schoderius, his Pharmacopoeia, iii, 507 + +Schools for Moriscos, iii, 336 + +Scio de San Miguel, his Bible, iii, 580 + +Scotland, trials of dead, iii, 81 + witchcraft, iv, 247 + +Scourging, iii, 135 + execution of sentence, iii, 219 + for propositions, iv, 142 + for sorcery, iv, 187 + for bigamy, iv, 321 + for blasphemy, iv, 334 + remitted by Suprema, iii, 187 + its gradual disuse, iii, 137 + +Scriptures, vernacular, iii, 527 + +Scrivenerships, confiscation of, i, 192, 581 + +_Scrutinium Scripturarum_, i, 114 + +Sea-coast, prohibition to approach, iii, 127 + +Sea-ports, commissioners of, ii, 271 + +Seal of Confession in heresy, ii, 24 + violation of, iv, 31 + jurisdiction asked for, iv, 377 + not granted, iv, 378 + +Sebastian, Dom, on confiscation, iii, 260 + forbids emigration, iii, 271 + +Secrecy of Inqn., ii, 470 + early proceedings public, ii, 471 + gradual development, ii, 472 + effort for its removal, i, 221 + complaints, i, 222 + in secular cases, i, 509 + creates irresponsibility, ii, 181 + in limpieza, ii, 302 + as to procedure, ii, 475 + enforced on all parties, ii, 473; iii, 37 + estimate placed on it, ii, 476, 607 + +_Secrestador_, ii, 501 + +Secretaries, ii, 243 + their salary, ii, 244 + fees in _limpieza_, ii, 302 + +_Secretario de las causas civiles_, ii, 250 + +_Secreto_, the, ii, 230, 471 + +Secular arm, delivery to, iii, 185, 219, 225 + +Secular business, its predominance, i, 468 + +Secular clergy, solicitation by, iv, 135 + +Secular courts their procedure, ii, 467 + use of torture in, iii, 3 + +Seduction of female prisoners, ii, 523 + +Segneri, Paolo, attacks Molinos, iv, 52 + +Segorbe, conversion of Moriscos, iii, 369 + +Segovia, Judería established in, i, 78 + Jews accused of outrage, i, 116 + tribunal of, i, 166, 552 + false-witness in, ii, 555 + +Segregation of races, i, 64, 68, 72, 77 + follows arrest, ii, 493 + of prisoners, ii, 515 + +_Seguro de Tordesillea_, i, 4 + +Seizure of provisions, i, 393 + +Selection of episcopal delegates, ii, 17 + +Selemoh Ha-Levi, i, 114 + +Self-denunciation, ii, 571 + confiscation in, ii, 320 + in relapse, iii, 203 + in solicitation, iv, 130 + in witchcraft, iv, 236 + +Self-government of Inqn., i, 343; ii, 477 + +Selles, Fray Vicente, case of, iv, 70 + +_Señal_ for Jews and Moors, i, 68, 115 + +Senior, Abraham, i, 131, 138 + +Sensuality as mortification, iv, 34, 42, 43 + of Illuminism, iv, 57, 74 + +Sentence, the, iii, 93 + execution of, ministerial, i, 354; iii, 185 + enforcement of, iii, 101 + includes confiscation, ii, 318 + confirmed by Suprema, ii, 184 + of torture, iii, 5 + on the dead, form of, iii, 85 + when revealed to culprits, iii, 94 + delayed to prevent appeals, iii, 95 + modification of, iii, 97 + mitigated by Suprema, ii, 187 + torture not alluded to, iii, 32 + multiplex, iii, 101 + of acquittal, iii, 105, 107 + of suspension, iii, 109 + of burning, iii, 185, 219, 225 + of compurgation, iii, 113 + of _abito y cárcel_, iii, 164 + discretional, forbidden, iii, 160 + confession prior to, iii, 191 + conversion after, iii, 193 + +Sentences, reading of, at autos, iii, 217 + box for, iii, 215 + _con méritos_, their influence, iv, 510 + +_Sentencia Estatuto_, i, 126; ii, 285 + +_Sentencia de diligencias_, ii, 342 + +Seo de Urgel, massacre at, iv, 443 + +Separation of races, i, 64, 68, 72, 77 + +Sepúlveda, persecution of Jews in, ii, 42 + +_Sequere me_, mystics so called, iv, 45 + +Sequestration, ii, 485 + reports required of, ii, 183 + damage caused by, i, 236; ii, 331 + its importance, ii, 495 + its procedure, ii, 496 + reclamation of others' property, ii. 497 + consumed by expenses, ii, 500, 530 + its limitations, ii, 503 + in trials of the dead, iii, 84 + in cases of suspension, iii, 109 + abolished in Portugal, iii, 282 + +Sequestrations, notary of, ii, 244 + appropriated, i, 333; ii, 498 + +Serfdom, predial, of Moriscos, iii, 377 + +_Sermo_, the, iii, 209 + +Sermon of Abp. of Cranganor, iii, 302 + +Sermons, absurd, i, 10; iv, 168 + +Serra, arrest of its people, i, 187; iii, 343 + +Serra, Fray N., his sermon, iv, 175 + +Servants, their wages paid, ii, 329, 330, 332 + not witnesses for defence, ii, 539 + of officials, i, 270, 369, 429, 432, 440, 443, 444 + +Service, gratuitous, liability for, ii, 218 + military, exemption from, i, 412 + +_Serviles_, iv, 443 + +Seso, Carlos de, iii, 429, 431, 442 + +Settlement of competencias, i, 524 + +Settlements in expulsion of Jews, i, 136, 569 + +Severity shown to nobles, iii, 100 + +Seville pacified by Isabella, i, 24 + Jewish aljama founded, i, 89 + massacre in 1391, i, 106 + synod of, in 1478, i, 157 + council of, in 1512, on bigamy, iv, 318 + on instruction of Moriscos, iii, 327 + on blasphemy, iv, 329 + on the clergy, iv, 496 + character of clergy, iv, 497 + Audiencia of, its injustice, ii, 468 + first Inqn. organized in, i, 160 + first auto de fe, i, 163 + number of burnings, i, 165 + assembly of inquisitors, i, 181 + quarrels in funerals, i, 362 + right of asylum, i, 422 + conflict with tribunal, i, 488 + trouble in fish-market, i, 534 + funds taken by Suprema, ii, 191 + _Hermandad de S. Pedro Martir_, ii, 282 + the great composition, ii, 357 + protest in Córtes of Burgos, ii, 360 + poverty of tribunal, ii, 363 + receipts from penances, ii, 397 + abuses in prison, ii, 526 + false witnesses punished, ii, 561 + auto of 1604 stopped, iii, 268 + influx of Jews, iii, 314 + Protestants of, iii, 427, 442 + autos of Protestants, iii, 443, 445, 447 + persecution of mystics, iv, 29 + unnatural crime, iv, 362 + restores the Inqn., iv, 424 + operations of Inqn. in, iv, 519 + +Sexual relations, propositions concerning, iv, 146 + in mysticism, iv, 9, 23, 25, 31, 35, 42, 43, 56, 57, 61, 70, 74 + +Sforza, Card., his promises, iii, 350 + +Shambles, Moorish, i, 62; iii, 381 + +Ships, seizure of, i, 184; ii, 338, 497 + visitation of, iii, 505, 510, 520 + +Sicily, Edict of Faith in, ii, 92 + financial disorders, ii, 194, 366, 451, 452 + grants postponed to salaries, ii, 381 + proposed endowment, ii, 433 + galley service, iii, 140 + _sanbenitos_, iii, 164, 165 + treatment of English sailors, iii, 463 + unnatural crime, iv, 364 + +Sickness in prison, ii, 521, 522 + +_Si de protegendis_, bull, i, 368; iii, 189; iv, 261, 269, 297 + +_Signo_, ii, 568 + +Sigüenza, Joseph de, case of, iv, 168 + +Sigüenza, quarrel over bishopric of, i, 13 + its tribunal, i, 552 + +Silence, enforced, ii, 473; iv, 515 + +Siliceo, Abp., his statute of limpieza, ii, 290 + +Silva, Diego Rodríguez, iii, 90, 299 + +Silva, Diogo da, iii, 239, 241, 242 + +Silva, Miguel da, iii, 244, 246, 253, 257 + +Silver coinage, i, 561 + scarcity of, iv, 482, 484 + +Simancas, Bishop, his works, ii, 476 + as judge of Carranza, ii, 71, 80 + on episcopal duties, ii, 7 + on licences to absolve, ii, 21 + on confiscations of clerics, ii, 318 + on prescription of time, ii, 328 + on beggaring children, ii, 336 + on purchase-money, ii, 339 + on duty of denunciation, ii, 485 + on kindred as witnesses, ii, 537 + on ratification, ii, 547 + on imperfect confession, ii, 575 + on confession in torture, ii, 581 + on denial of guilt, ii, 585 + on methods of defence, iii, 56 + on _consulta de fe_, iii, 73 + on returning absentee, iii, 89 + on evasion of sentence, iii, 102 + on compurgation, iii, 117 + on duration of prison, iii, 159 + on recantation at brasero, iii, 192 + on martyrdom, iii, 195 + on suicide in prison, iii, 197 + on relapse, iii, 202, 203 + he prosecutes mystics, iv, 20 + on pact with demon, iv, 186 + on astrology, iv, 192 + on the Sabbat, iv, 220 + on heresy in bigamy, iv, 319 + on personation of officials, iv, 346 + on usury, iv, 374 + +Simon, Francisco, his sanctity, iv, 356 + +Simony not subject to Inqn., iv, 372 + +Single witnesses, ii, 562 + +_Sisa del córte_, i, 379 + +Sisebut converts Jews, i, 41 + +Sixtus IV claims episcopal appointment, i, 14 + on Jewish segregation, i, 124 + orders legatine Inqn., i, 154 + his bull for Inqn., i, 158 + appoints additional inqrs., i, 166 + assents to organization, i, 173 + praises Torquemada, i, 174 + revives Inqn. of Aragon, i, 230 + asserts appointing power, i, 232 + bull of April 18, 1484, i, 233, 587 + appoints Torquemada for Aragon, i, 236 + dismisses Gualbes, i, 237 + insists on episcopal concurrence, ii, 11 + on Franciscan and Dominican inqrs., ii, 30 + plays fast and loose with Conversos, ii, 106-9 + on requisites for inqrs., ii, 233 + grants appointments to benefices, ii, 415 + on doctoral and magistral canonries, ii, 421 + originates censorship, iii, 480 + +Sixtus V protects Spanish Jesuits, ii, 35 + grants jurisdiction over bps., ii, 87 + on Morisco marriages, iii, 381 + on magic and divination, iv, 189 + +Slaughtering, mode of, ii, 566 + +Slaves, Moorish, i, 57; iii, 325 + Jewish, banished, i, 142 + manumission of baptized children of, i, 325 + Christian, of heretics, ii, 339 + of officials inviolable, i, 369 + witnesses against masters, ii, 537 + not for defence, ii, 539 + substitutes for the galleys, ii, 412 + Morisco, baptized, iii, 405 + +Slave-girls, grants of, ii, 377 + +Smuggling, facilities for, i, 385 + of books, iii, 510 + prevalence of, iv, 480 + +Snuff-box, censorship of, iii, 547 + +Sobaños, Diego, his prosecution, ii, 61 + +Sodomy, iv, 361 + +Soldiers, foreign heretic, iii, 475 + +Soler on Mallorquin New Christians, ii, 314 + +_Solicitante y flagelante_, iv, 118 + +_Solicitantes_, registers of, ii, 261 + their cases not _calificado_, ii, 488 + +Solicitation, iv, 95 + subjects regulars to Inqn., ii, 33 + is merely obsession, iv, 72 + in Molinism, iv, 75, 77 + in spiritual courts, iv, 97, 469 + subjected to Inqn., iv, 99 + definition, iv, 100, 110, 112 + punishment, iv, 101, 119, 126 + denunciation required, iv, 101, 106 + is a technical offence, iv, 101, 108, 114 + morals not involved, iv, 109, 115 + bps. assert jurisdiction, iv, 102 + devices to elude prosecution, iv, 103 + in Edict of Faith, iv, 105 + passive, iv, 111 + absolution by solicitor, iv, 113 + not a reserved case, iv, 114 + procedure, iv, 119 + two denunciations required, iv, 120, 123 + light suspicion of heresy, iv, 121, 126 + examination of accusers, iv, 122 + communication between tribunals, iv, 125 + special registers kept, iv, 126 + self-denunciation, iv, 130 + statistics, iv, 133 + +Solorzano, his book condemned, iii, 537 + +Sonnets, prosecutions for, iv, 430 + +Son must denounce father, ii, 485 + succeeds to father's office, ii, 220, 221 + +Sons-in-law, offices descend to, ii, 221 + +Sorano, Miguel, case of, iii, 208 + +Sorbonne condemns the _Mística Ciudad_, iv, 40 + +Sorcery, iv, 179 + persecuted by Ramiro I, iv, 179 + taught by the Moors, iv, 180 + medieval treatment, iv, 181 + question of jurisdiction, i, 271; iv, 183 + of heresy, iv, 184 + pact with demon, iv, 185 + in commission of inq.-genl., iv, 189 + astrology suppressed, iv, 192 + procedure, iv, 196 + punishment, iv, 197 + persistent belief, iv, 203 + number of cases, iv, 204 + case of Carlos II, ii, 171 + attributed to Jesuits, iv, 20 + +Sorell, Pedro, his frauds, ii, 452 + +Soriana, Anastasia, case of, iv, 220 + +Sotomayor, Duke of, prosecuted, iv, 430 + +Sotomayor, Inq.-genl., his resignation, i, 301, 309, 613 + his pensions, ii, 132 + his Index, iii, 495, 529 + persecutes Dominicans, iv, 380 + +Sovereigns, their duty as to heresy, ii, 1 + +Sovereignty of the nation asserted, iv, 406 + +Spain, its relations to the Church, i, 11 + Jews excluded, i, 141; iii, 292, 311 + no danger from Protestantism, iii, 448 + the home of magic, iv, 180 + its vicissitudes, iv, 472 + its exhaustion, iii, 337; iv, 474 + misery in 17th century, iv, 475 + its natural advantages, iv, 477 + burdens of taxation, iv, 478 + lack of roads, iv, 480 + the _Mesta_, iv, 481 + _despoblados_ and _baldíos_, iv, 482 + vitiation of coinage, iv, 482 + aversion for labor, iv, 483 + recovery under Bourbons, iv, 486 + retrogression under Carlos IV, iv, 487 + growth of population, iv, 487 + influence of clericalism, iv, 488, 498 + character of clergy, iv, 496 + sensitiveness as to religion, iv, 502 + character of religion, iv, 502 + results of intolerance, iv, 504 + influence of Inqn. on the popular character, iv, 507, 515 + modern indifferentism, iv, 509 + immorality, iv, 510 + virtual anarchy, iv, 511 + Inqn. independent, iv, 513 + its predominance, iv, 516 + statistics of its operations, iv, 517 + intellectual isolation, iii, 411, 505; iv, 530 + +Spallacino, Domenico, burnt for personating priesthood, iv, 340 + +Spies on foreigners, iii, 467 + domestic, iv, 138 + +Spiritual courts, conflicts of jurisdiction, i, 15, 493 + limits of jurisdiction, i, 15, 497 + their procedure, ii, 469, 470 + on solicitation, iv, 97 + +Spiritual penance, iii, 131 + +Spiritual power, its supremacy, ii, 160 + +Spoliation in compositions, ii, 354, 355, 361 + +Spoils of refugees seized, ii, 337 + +Staging at autos de fe, iii, 212 + +Stake, the, iii, 183 + +Standard of fineness, i, 560 + +Standard of Inqn., iii, 215 + +Starvation of prisoners, iii, 153 + +Statistics of burnings, iv, 517 + of torture, iii, 33 + of offences and penalties, iii, 551 + of Protestantism, iii, 426, 455, 461, 525 + of solicitation, iv, 133 + +_Statutæ duplicatæ_, iii, 215 + +Statute of limpieza, ii, 290 + +Stephen VI on Jews, i, 81 + +Steward of tribunal, ii, 249 + +Stigmata, the, iv, 31, 85, 86, 92, 94 + +Stone-throwing at penitents, iii, 136 + +Stone-masons exclude Conversos, ii, 285 + +Strangulation before burning, i, 263; iii, 192-4 + +_Strappado_, iii, 19 + +Strauch, Bp. of Vieb, his murder, iv, 441 + +Stripping for torture, iii, 17 + +Suárez, Dr., insults the Inqn., iv, 431 + +_Subsidio_, iv, 494 + +Substitutes for confessional, iv, 96 + for officials, ii, 222 + +Subvention to Suprema, ii, 441 + +Succession, law of, contest over, iv, 463 + +_Sueldo_, value of, i, 565 + _barcelonense_, i, 565 + +Sugar perquisite of Suprema, ii, 195 + +Suicide in prison, ii, 522; iii, 85, 95, 197 + +Suitors seek jurisdiction of Inqn., iv, 379 + +Suits, civil, trial of, i, 270 + +_Sumaria_, ii, 486 + submitted to Suprema, ii, 185 + submitted to censors, ii. 263 + +_Summis desiderantes_, bull, iv, 207 + +Summons to spiritual judges, i, 494 + +Sumptuary disabilities, ii, 401, 403, 407; iii, 173, 174, 179 + +Sumptuary laws against Jews, i, 95 + +Sundays, autos celebrated on, iii, 212 + observance of, iv, 502 + +Supereminence of Inqn., i, 351 + +_Super illius specula_, bull, iv, 181, 184 + +Support of family of prisoner, ii, 500 + +Suprema, the, founded, i, 173 + number of members, i, 322 + at first merely consultative, ii, 162 + references to it discouraged, ii, 180 + its appellate jurisdiction, i, 341, 356, 437; ii, 187, 188; iii, 95 + growth of its power, ii, 163, 298 + resents interference, ii, 278 + becomes head of Inqn., ii, 166 + acts without inq.-genl., ii. 167 + its struggle with Inq.-genl. Mendoza, ii, 173 + its authority assured by Philip V, ii, + its routine of voting, ii, 168, 178 + its control over tribunals, ii, 179, 189 + development of its supervision, ii, 181 + routine in deciding cases, ii, 182 + its scrutiny of reports, ii, 183 + supervises arrests, ii, 184, 490 + fixes rations of prisoners, ii, 531 + controls sentences, ii, 184, 186 + its labors, ii, 203 + its delays, iii, 80 + punishes officials, ii, 225 + it orders suspensions, iii, 112 + controls the holding of autos, iii, 211 + insists on secrecy, ii, 476, 607 + controls finances, ii, 190 + supported by tribunals, ii, 192 + audits accounts of tribunals, ii, 193 + its income and outlay, ii, 201, 440; iv, 228 + its pay-roll, ii, 191, 194, 196 + increase of its wealth, ii, 369 + its control of confiscations, i, 329 + of fines and penances, i, 339; ii, 398 + its control of commutations, ii, 409 + absorbs the levy on the clergy, ii, 434 + fees of its officials, ii, 200 + its pluralist officials, ii, 418 + its liberality, ii, 252 + refreshments at bull-fights, ii, 198 + negligent book-keeping, ii, 449 + appointing power, i, 299, 301, 323, 324 + its relations with crown, i, 322 + countersigns royal cédulas, i, 291 + assents to royal decrees, i, 325 + evades royal decrees, i, 327 + its royal jurisdiction, i, 345, 346, 513 + struggle with Córtes of 1646, i, 459 + its appeal in 1677, i, 463 + argues away Concordias, i, 472, 474 + complains of competencias, i, 491 + admits excesses of tribunals, i, 488 497 + prohibits abuses in 1705, i, 536 + seeks to restrain familiars, ii, 275 + defends Valencia familiars, i, 447, 449 + denies right of asylum, i, 422, 423 + forbids degrees to Conversos, ii, 287 + action in witchcraft, iv, 216, 225 + in bigamy cases, iv, 319 + letter on Madrid insurrection, iv, 400 + visited by Fernando VII, iv, 431 + +Supremacy of Inqn., i, 341, 357 + +Suppression of adverse memorials, iii, 532, 539 + of the Valencia Concordia, i, 445 + of canonries, ii, 426 + of _libros verdes_, ii, 307 + of witnesses' names, ii, 548; iii, 53 + permissory at first, ii, 549 + becomes the rule, ii, 550 + its effect, ii, 552; iii, 64, 66 + importance attached to it, ii, 551 + offers for its abandonment, i, 217, 221, 222; ii, 550 + in Portugal, iii, 257 + +Surgeon of Inqn., ii, 249 + +Surgery forbidden to clerics, iii, 184 + +Suspects, lists of, iv, 452 + +Suspension of trials, iii, 108 + forbidden in trials of the dead, iii, 84 + releases sequestration, ii, 501 + of witch cases, iv, 238 + +Suspensive appeals, ii, 187 + +Suspicion, classification of, iii, 123 + vehement, relapse in, iii, 203 + extinguished by death, iii, 85 + galley service for, iii, 142 + engendered by Inqn., ii, 91, 100 + +Sylva, Diego de, on _limpieza_, ii, 299 + +Synagogues, existing ones permitted, i, 38, 81 + houses used at, iii, 129 + + +Taboada, Felipe Sobrino, his persecution, iv, 402 + +Taboada, Inq.-genl., does not serve, i, 316 + +_Tachas_, iii, 63 + +Tails attributed to Jews, iii, 291 + +Talaru, his fruitless efforts, iv, 451 + +Talavera, Hernando de, his Jewish blood, i, 120 + accused by Lucero, i, 197, 204 + his missionary labors, iii, 319 + +_Talio_, the, for false witness, ii, 556, 558, 559 + +_Taor_, iii, 329 + +_Tarascas_, iv, 503 + +Tarazona, tribunal of, i, 553 + Bp. of, delegates his powers, ii, 13 + Córtes of, accept Torquemada, i, 238 + on export of horses, iv, 281 + of 1592, iv, 269 + +Tardy confession, ii, 580 + +Tariffs rendered uniform, iv, 486 + +Taronji on Mallorquin New Christians, ii, 314 + +Tarragona, council of, on badges for Jews, i, 69 + on Moorish observances, i, 71 + on friendship with Jews, i, 75 + on jurisdiction over heresy, ii, 8 + tribunal of, i, 478, 553 + punished for enforcing quarantine, i, 264 + +_Tassa_ of grain, iv, 479 + +_Tatti mammillari_, iv, 110 + +Tavera, his grants of ayuda de costa, ii, 254 + tries to exclude Conversos, ii, 290 + +Tavern of Saragossa tribunal, i, 389 + +Tavira, Bp., on solicitation, iv, 136 + +Tax on confiscations, ii, 352 + on accretion of church-property, iv, 489 + +Taxation, exemption from, i, 270, 376, 379, 380 + burdens of, iv, 478 + +Tax-collectors, Jews as, i, 95, 98, 99 + +Tax-roll of Benedict XII, iv, 340 + +Taxes of Jews and Moors, i, 85, 125 + of Penitentiary on _Marrania_, ii, 402 + +Teachers, penitents forbidden to be, iii, 176 + +Tello, Diego, on the Sabbat, iv, 240 + +Temporal jurisdiction, independence of, i, 490 + its profits, i, 462, 468, 508; ii, 398 + its evils, i, 510, 513 + limited, i, 465, 515 + +Temporalities, seizure of, i, 469 + +Tenants ejected by tribunals, ii, 207 + +Tenderness for official delinquents, i, 369; ii, 451, 454 + +Tendilla, Count, rescues Ximenes, iii, 320 + +Teresa, St., her persecutions, iv, 16 + +Teresa de Silva, abbess of San Placido, ii, 134, 137 + +Term of Grace, ii, 320, 457 + +Terror of imprisonment, ii, 511 + of Inqn., iv, 514 + +Tertullian on mystics, iv, 1 + +Teruel, expulsion of Jews, i, 132, 159 + resistance to Inqn., i, 247 + its tribunal, i, 553 + belongs to Valencia, i, 444 + public bath of, iii, 336 + conversion of Moors of, iii, 345 + +_Testa ferrea_, iv, 505 + +Testimony presented by fiscal, ii, 491 + in cases of _limpieza_, ii, 300 + See also Evidence. + +Tetuan, Christian Moriscos martyred, iii, 409 + +Theatre, censorship of, iii, 547 + +Theodorie tolerates Jews, i, 38 + +Theodosius II, his laws on Jews, i, 38 + +Theology, dangers of, iv, 150 + trivialities of, iv, 171 + mystic, superior to scholastic, iv, 5 + +Threat of torture, iii, 6 + for non-performance of penance, iii, 104 + +Threatening of witnesses, ii, 552 + +Tigrekan, iv, 420 + +Time of Grace, ii, 320, 457 + +Time of Mercy, ii, 461 + +Time of making confession, ii, 580 + +Time and place suppressed in publication, iii, 54 + +Tithes paid by Jews, i, 86 + and first-fruits of Moriscos, iii, 376 + insecurity of, ii, 327, 339, 346 + reduced one-half, iv, 440 + burden of, iv, 480, 495 + +_Titulados_, i, 376 + definition of, i, 491 + +_Titulo de jubilacion_, ii, 225 + +_Tizon de la nobleza_, ii, 298 + +Tobacco, use of, in churches, iv, 504 + +Tobacco revenue, frauds on, i, 425, 438 + +_Toca_, iii, 19 + +Toledo, Councils of, on Jews, i, 40 + on heretic kings, i, 340 + Muladíes dominant, i, 49 + Moorish slaughter-house, i, 62 + its chapter persecutes Jews, i, 94, 99 + massacres of Jews, i, 88, 102, 108, 113 + riots with Conversos, i, 126, 127 + exclusion of Conversos, ii, 287, 290 + its Huguenot colony, iii, 450 + its convents, iv, 490 + income of its Church, iv, 493 + episcopal inquisitor in, i, 167 + tribunal founded, i, 168, 553 + it defies Rome, ii, 123 + its activity, i, 169; iii, 81 + its butcher-shop, i, 392 + case of butcher, i, 491 + case of D. Pedro Paniagua, i, 514 + venality of its officials, ii, 306 + amount of fines, ii, 399 + amount of rehabilitations, ii, 403 + financial mismanagement, ii, 438 + its humanity, iii, 99 + acquittals, iii, 107, 112 + its prison, iii, 154, 155 + _sanbenitos_ hung, iii, 167 + diminished activity, iii, 226; iv, 388 + statistics of, iii, 551; iv, 520, 523 + solicitation, iv, 135 + witch cases, iv, 223 + Masonry, iv, 302 + bigamy, iv, 318 + +Toleration, Moorish, i, 45 + during the Reconquest, i, 52 + in Middle Ages, i, 84, 87 + prior to Reformation, iii, 481 + replaced by fanaticism, iv, 499 + vicissitudes in 19th century, iii, 315; iv, 469 + +Toletus, Card., on coerced baptism, iii, 349 + on the Sabbat, iv, 220 + +Tomás Admiral of Castile, ii, 169, 172, 176, 178 + +Tomás of Vilanova, St., on clerical immunity, i, 428; iv, 498 + on Moriscos, iii, 374 + on disarmament, iii, 378 + +Tongue cut out for blasphemy, iv, 328 + +Tonsure, abuses of, i, 17, 428 + +Toro, victory at, in 1476, i, 19 + laws of, on _ganancias_, ii, 334 + on false witness, ii, 556 + +Toro, Bp. of Oviedo, case of, ii, 88; iv, 72 + +_Toros_, perquisitos of, ii, 197, 198 + +_Torpezas_, iv, 109 + +Torpor, intellectual, of Spain, iv, 528 + +Torquemada, Card., on the Sabbat, iv, 210 + +Torquemada, Tomás de, made Inq.-genl., i, 173 + for kingdoms of Aragon, i, 236, 263 + his Jewish blood, i, 120 + urges expulsion of Jews, i, 132, 135 + his edict on the expulsion, i, 137 + urges Inquisition, i, 157 + his character, i, 174 + his quarrels with inqrs., i, 177 + his death and sanctity, i, 179 + his Instructions, i, 181, 571, 576 + fixes age of discretion, ii, 3 + his appellate power, ii, 6 + seeks jurisdiction over bps., ii, 41 + opposes papal briefs, ii, 110 + defines the tribunal, ii, 209 + qualifications of inqrs., ii, 234 + excludes Conversos, ii, 286 + stops Ferdinand's grants, ii, 374 + on prosecution of the dead, iii, 82 + orders the _sanbenito_, iii, 162 + on disabilities of children, iii, 174 + +Torralba, Gaspar, case of, iii, 68 + +Torreblanca on pact with demon, iv, 188 + on punishment of sorcery, iv, 198 + on witchcraft, iv, 239 + +Torrejoncillos, P., his _Centinela_, iii, 290 + +Torres-Padmota, Nicolás de, ii, 170, 173 + +Torricella, his Consultas Morales, iv, 511 + +Torrubia, his book against Masonry, iv, 301 + +Tortosa, Council of, on Moorish observances, i, 71 + tribunal of, i, 554 + belongs to Valencia, i, 444 + opposition to Inqn., i, 476, 478 + episcopal edict of faith, ii, 8 + _sanbenitos_ in churches, iii, 170 + jurisdiction over sorcery, iv, 191 + +Torture, iii, 1 + preliminaries of, iii, 4 + conditions required, iii, 6 + one witness justifies, ii, 562 + to purge imperfect confession, ii, 575 + on intention, ii, 576 + as test of insanity, iii, 61 + at discretion of judge, iii, 10, 22 + of witnesses, iii, 11 + no privileged exemptions, iii, 13 + stopped at order of physician, iii, 16 + varieties of, iii, 18 + frequently overcome, iii, 23, 30 + reports of, iii, 24 + confession under, ii, 581 + must be ratified, iii, 27 + repetition for revocation, iii, 28 + not alluded to in sentence, iii, 32 + statistics of, iii, 33 + its suppression, iii, 34 + not used in sorcery, iv, 195 + used in witch-trials, iv, 223, 232, 245 + in unnatural crime, iv, 367 + +Torturer, difficulty of finding, i, 568 + gaoler serves as, ii, 248 + official, iii, 16 + his fees, iii, 17, 32 + bribery of, iii, 32 + +Tostado, Alfonso, on the Sabbat, iv, 209 + +Tovar, Bernardino de, iii, 416; iv, 9 + +Trade with Moors, i, 55 + with Jews, i, 117, 122, 123 + forbidden to officials, i, 270, 466, 534 + frauds and offences in, i, 443 + carried on by Inqn., i, 389 + with Indies by Conversos, ii, 357 + burdens on, iii, 511; iv, 479 + +Traders not to be made familiars, i, 535 + ruined by sequestration, ii, 501 + +Trades forbidden to Jews, i, 117 + to penitents, iii, 173 + +_Trampa_ and _trampazo_, iii, 20 + +Transactions prior to 1479, ii, 326 + +Transit of Conversos through Spain, iii, 271, 278, 303 + +Transfers of offices, ii, 212, 221 + +Transmission, hereditary, of offices, ii, 219 + +Transportation of Conversos forbidden, i, 184 + +_Trashumantes_, iv, 481 + +Travelling expenses reimbursed, ii, 254 + privileges of officials, i, 395; ii, 206, 208 + +Treason, trials for, by Inqn., iv, 275 + +Treasure-seeking, iv, 196, 204 + +Treasurer of tribunal, ii, 250 + +Treaties as to foreign heretics, iii, 463-70 + +Trejo, Bp. of Murcia, prosecuted, i, 420 + +Trent, C. of, on occult heresy, ii, 19 + favors Carranza, ii, 73 + on non-residence, ii, 419 + on celibacy, iv, 144, 337 + on the Vulgate, iv, 151 + on number of clergy, iv, 492 + +_Tres actos positivos_, ii, 307 + +Trial, the, iii, 36 + conclusion of, iii, 53 + delays, iii, 75 + of absent and dead, iii, 80 + cost paid by prisoner, ii, 533 + +Trials, records of, ii, 259 + +Triana, castle of, i, 162; ii, 207 + inscription on, iv, 519 + +Tribunal, the, ii, 205 + its organization, i, 231, 244; ii, 208 + its buildings, ii, 230 + its cost, i, 478, 479 + its personnel, ii, 210, 232 + +Tribunals, list of, i, 541 + establishment of, i, 166 + multiplication of, ii, 205, 206 + controlled by Suprema, ii, 179, 189 + resist its encroachments, ii, 180 + reports required from, ii, 183 + become mere agencies, ii, 185, 186 + funds controlled by Suprema, ii, 191 + made to aid each other, ii, 193 + their intercommunication, ii, 260 + evasions respecting familiars, ii, 276 + compile genealogies, ii, 288 + expenses met by penances, ii, 394 + subventions to Suprema, ii, 441 + +Tridentine Index, iii, 492, 528 + +_Trincheras_, iv, 303 + +_Triple Aliansa_, la, iv, 408 + +Trivial prosecutions, ii, 99; iv, 141 + +Troops, foreign heretic, iii, 475 + +Troppau, Congress of, iv, 444 + +Truxillo, clerical immunity in, i, 17 + +Tudela, tribunal of, i, 227, 554 + +Tudela penanced for harboring assassins, i, 254, 567, 610 + Moors of, iii, 317 + +Tumult of Lackeys, iv, 390, 399 + +Turixi, Vicente, his fate, iii, 398 + +Turkey, refugee Jews in, i, 141 + Morisco plots with, iii, 385 + +Tyrol, stigmata in, iv, 94 + +Tzevi, Zabathia, the false Messiah, iii, 303 + + +Ubeda, slaughter of, i, 59 + +Uceds, Diego de, case of, iv, 139 + +Ucles, battle of, Jews in, i, 85 + +Ugolino, Giov., his mission, iii, 255 + +Uliff, his advice, i, 133 + +Ultramontanism, struggle with, iv, 292 + its triumph, iv, 295 + +_Umbilicarii_, iv, 2 + +Unanimity, see _Discordia_ + +Uncanonized saints, iv, 355 + jurisdiction over, conferred by Urban VIII, iv, 357 + fictitious martyrs of Granada, iv, 357 + +Uniformity of procedure, iii, 37 + +Union with God, iv, 2, 8, 28, 63, 72, 74 + +Unity of faith, importance of, ii, 1 + results of, iv, 477, 505, 534 + +_Universi Dominici Gregis_, bull, iv, 101, 102 + +Universities, limpieza required by, ii, 298, 313 + attack the Jesuits, iii, 532 + number of, iv, 485 + +University of Paris on pact with demon, iv, 185 + +Unnatural crime, iv, 361 + in Spain, iv, 362 + jurisdiction, only in Aragon, iv, 363 + procedure secular, iv, 363, 366 + in Sicily and Portugal, iv, 365 + punishment, iv, 367 + leniency to clerics, iv, 368 + frequency, iv, 371 + +Unsalaried officials, ii, 263 + seek exemption, i, 377, 382 + jurisdiction over, i, 429 + office-holders, ii, 223 + +Urban IV invalidates laws, i, 365 + +Urban V denounces Pedro the Cruel, i, 102 + reserves cases of heresy, ii, 19 + +Urban VIII protects Mallorquin clergy, i, 499 + objects to fines, ii, 400 + revives brief of Sixtus IV, ii, 421 + commutes relapse, iii, 261 + annuls all licences, iii, 523 + condemns the _regalistas_, iii, 537 + on solicitation, iv, 101 + on divination, iv, 244 + on uncanonized saints, iv, 357 + on reform of religious Orders, iv, 491 + on tobacco in churches, iv, 504 + +Urgel, witchcraft in, iv, 211 + +Urquijo, Mariano Luis de, iii, 504, iv, 396 + +Urrea, Bp. Miguel de, a magician, iv, 180 + +Ursins, Princesse des, i, 317; ii, 176 + +Ursule de la Croix, case of, iii, 203 + +Usury, i, 95, 98; iv, 371 + exorbitant in Middle Apes, i, 97 + is heresy, iv, 372 + struggle over it, i, 271, 285; iv, 373 + jurisdiction abandoned, iv, 374 + +_Utensilio_, i, 399 + +Utility, general, iv, 378 + +Utrecht, treaty of, iii, 468, 470 + + +Vaca, Licenciado, his visitation of Barcelona, i, 529 + +Vacancies occurring in Rome, ii, 429 + +Vacillation in confession, ii, 582 + +Val del Aguar, Moriscos massacred at, iii, 398 + +Val de Ricote, Moriscos expelled, iii, 404 + +Valcamonica, mystics of, iv, 46 + +Valdelamar, Alonso de, case of, iv, 97 + +Valdés, Inq.-genl., his Instructions, i, 182 + condemns a book of Talavera, i, 204 + forbids billeting troops, i, 396 + on bandits as familiars, i, 453 + limits Valencia familiars, ii, 276 + his provisor as inqr., ii, 16 + in danger of disgrace, ii, 46 + resolves to prosecute Carranza, ii, 48 + obtains power from Paul IV, ii, 61 + wins over Philip, ii, 63 + urges rupture with Rome, ii, 78 + enforces limpieza, ii, 293 + forbids prosecution for perjury, ii, 304 + obtains canonries for Inqn., ii, 425 + exploits discovery of Protestantism, + iii, 432, 433, 435 + his letter of Sep. 9, 1558, iii, 566 + his Index, iii, 486 + his views on witchcraft, iv, 212 + on clergy of Seville, iv, 497 + his enforced resignation, i, 305; ii, 79 + +Valdés, Juan de, his heresies, ii, 53 + on mysticism, iv, 14 + +Valençay, treaty of, iv, 419 + +Valencia, Council of, orders segregation, i, 77 + massacre of 1391, i, 108, 111 + complaints of confiscation, i, 236 + _fuero_ as to confiscations, iii, 359 + they revert to feudal lord, ii, 395 + public supply of wheat, i, 388 + military service of familiars, i, 412 + factional strife, i, 449 + chapter appeals to Rome, ii, 132 + limits on torture, iii, 2 + sanbenitos in cathedral, iii, 168, 170, 171 + conversion of Moors, iii, 345, 353 + treatment of baptized Moors, iii, 351 + expulsion of Moors decreed, iii, 354 + number of Moriscos, iii, 355 + their disarmament, iii, 378 + their expulsion, iii, 393 + number of Frenchmen, iii, 457 + but two Protestants in, iii, 472 + adoration of Francisco Simon, iv, 356 + rejoicings over Immaculate Conception, iv, 360 + its _junta de fe_, iv, 460 + +Valencia, tribunal of, its treatment of Serra, i, 187 + salaries in 1482, i, 231 + opposition to Inqn., i, 232, 239, 242 + Torquemada appointed for, i, 236 + resistance suppressed, i, 240 + oath to tribunal, i, 352 + quarrel over precedence, i, 360 + over market-place, i, 365 + taxation of officials, i, 379 + importation of wheat, i, 385 + its salt-privilege, i, 394 + billeting of troops, i, 399, 401 + right to bear arms, i, 402 + complaint of familiars, i, 407 + right of asylum, i, 422, 423 + extension of jurisdiction, i, 431 + collection of debts, i, 434 + struggles over the _fuero_, i, 439 + Concordias, i, 440, 443 + character of familiars, i, 447 + refusal of competencies, i, 516 + number of Edict of Faith, ii, 97 + discourtesy punished, ii, 132 + commissioners required, ii, 268 + number of familiars, ii, 276 + nobles as familiars, ii, 281 + court of confiscations, ii, 330 + composition for confiscation, ii, 353 + cost of tribunal, ii, 210 + its productiveness, ii, 367 + saved from bankruptcy, ii, 375 + struggle over confiscation, iii, 360 + confiscation commuted, ii, 395 + fines on familiars, ii, 398 + its finances, ii, 435, 436, 439, 441, 443 + composition for imperfect confession, ii, 460 + cost of prisoners, ii, 533 + revocation of confessions, ii, 584; iii, 129 + the perpetual prison, iii, 153, 155, 158 + trials for Judaism, iii, 235 + two Jews arrive there, iii, 293 + foreign Jews, iii, 313 + persecution of Moriscos, iii, 358 + suspension as to Moriscos, iii, 373 + _visitas de navíos_, iii, 519 + unnatural crime, iv, 362, 363, 371 + tribunal supports Napoleon, iv, 400, 539 + its resources in 1814, iv, 428 + its register, iv, 458 + statistics of trials, iii, 561; iv, 522 + +Valenzuela, Fernando de, iv, 476 + +Valera, Cipriano de, iii, 427, 447 + +Valero, Rodrigo de, case of, iii, 424 + +Valladares, Inq.-genl., i, 313 + yields to Mallorquin Church, i, 503 + on quarrels of regular Orders, ii, 39 + on exile of New Christians, iii, 304 + tries to reduce officials, ii, 215 + +Valladolid, Council of, on Jews, i, 73, 74 + child-murder at, i, 149 + chapter of, appeals to Rome, ii, 160 + Univ. of, enforces limpieza, ii, 287 + +Valladolid, its tribunal, i, 171, 554 + royal oath at auto, i, 353 + Carranza's imprisonment, ii, 66 + omission of Edict of Faith, ii, 98 + quarrel over house, ii, 208 + list of officials, ii, 210 + Protestants of, iii, 429 + auto of May 21, 1559, iii, 130, 437 + of Oct. 8, 1559, iii, 441 + case of Luisa de Carrion, iv, 37 + of Luis de Leon, iv, 148 + resumes in 1816, iv, 429 + statistics, iv, 522 + +Van Halen, Juan de, his Memoirs, iv, 306 + +_Vara_ of alguazil, sale of, ii, 213 + +Vargas, Alonso, iv, 263, 264 + +Varieties of torture, iii, 18 + +_Vario_, ii, 582 + +Vassalage of Moriscos, iii, 342, 377 + +Vatable Bible, the, iv, 151 + +Vedreña, Miguel, his appeal to Rome, ii, 120 + +Vega, Juan de la, case of, iv, 76 + +Velada, Marquis of, on Moriscos, iii, 390 + +Vélez, Archbp., iv, 297, 409, 410, 413, 441 + +Velez, los, Marquis of, on familiars, i, 446 + +Vellon coinage, i, 562; ii, 197; iv. 482 + +Venality of the curia, ii, 104; iii, 252 + +Veneration, diminution of, iv, 391 + +Venice, licences to trade with Moslems, i, 56 + galley-service in, iii, 142 + powers of nuncio in, iii, 186 + Portuguese refugees in, iii, 254 + writings in its favor suppressed, iii, 542 + +Vera, Lope de, case of, iii, 294 + +Vergara, Juan de, case of, iii, 416 + +_Verqüenza_, iii, 138, 219 + +Verona decree admits no exemptions, ii, 30 + Congress of, iv, 444 + +Vibero, Leonor de, iii, 130, 430, 437 + +Vicalvero, tax-exemption in, i, 382 + +Vicente Ferrer, St., i, 112, 116 + +Vicente, Gregorio de, case of, iv, 312 + +Viceroys, circular letter to, i, 354 + visits not to be paid to, i, 357 + precedence claimed over, i, 358 + of Majorca, i, 268; iv, 512 + +Vich, Pablo, Bp. of, his contumacy, iv, 457 + +Vicissitudes of Spain, iv, 472 + +Vidal Marin, Inq.-genl., i, 302, 314 + exhorted by Clement XI, ii, 178 + his Index, iii, 495 + +Vidau Durango, i, 251, 596 + +Vieira, Ant., S. J., opposes confiscation, iii, 282 + champions New Christians, iii, 284 + +Vienne Council of, in 1312, its influence, i, 71 + its rules, ii, 5 + condemns Begghards, iv, 2 + on usury, iv, 372 + +_Vientres_, perquisite of, i, 532 + +Villacis, Pedro de, prosecuted, i, 294 + manages composition of Seville, ii, 358 + opposes waste of confiscations, ii, 383 + +Villahermosa, Duke of, iv, 261, 264, 265, 266 + +Villalba, Fran, de, prosecuted, iii, 420 + +Villalpando, Juan de, case of, iv, 34 + +Villanueva, Gerónimo, case of, ii, 133 + his sentence, ii, 142 + appeals to Rome, ii, 145 + his death, ii, 156 + struggle over the papers, ii, 157 + effect of his sentence, ii, 311 + +Villanueva, Lorenzo, on suppression of Bible, iii, 529 + his reply to Grégoire, iv, 398 + his speech against Inqn., iv, 413 + his imprisonment, iv, 423 + sent as envoy to Rome, iv, 441 + +Villar, Count of, excommunicated, i, 358 + +Villaroja, Eusebio, case of, iv, 77 + +Villela, holy bell of, i, 251 + +Villena, Marquis of, a mystic, iv, 8 + +_Vinculaciones_, iv, 443 + +Vinegas, Fray Diego, case of, i, 371 + +Vintras, Pierre-Michel, iv, 94 + +Violant, Queen, on massacre at Palma, i, 109 + +_Violario_, ii, 343 + +Violation of compositions, ii, 354 + of secrecy, ii, 476 + +Virgin, denial of her virginity, iii, 201 + Immaculate Conception, iv, 175, 359 + irreverence to images, iv, 352, 354 + +Virués, Alonso de, ii, 127; iii, 418 + +Visions, doubtful source of, iv, 4 + +_Visitas de navíos_, iii, 311, 314, 474, 510, 519; iv, 432 + +_Visitador_, ii, 227 + +Visitations of tribunals, i, 369, 442, 468, 528; ii, 181, 227 + +Visitation of districts, ii, 238 + Edicts of Faith in, ii, 97 + repugnance for, ii, 240 + renewal of _sanbenitos_, iii, 169 + +Visits of inqrs. regulated, i, 357 + +Vivés, Juan Luis, on enforced silence, iv, 515 + +_Vocandorum, libros_, ii, 260 + +Vote, the last, of Suprema, iv, 542 + +Voting in consulta de fe, iii, 73, 75 + in Suprema, ii, 168, 178 + +Voto de Santiago, iv, 413 + +_Vuelta de trampa_, iii, 20 + +Vulgate, authority of the, iv, 151 + + +Wafers, consecrated, insults to, iv, 355 + +Wager of law, iii, 113 + +Wages of servants paid, ii, 329, 330, 332 + +Wamba banishes the Jews, i, 43 + +War, munitions of, their export, iv, 281 + of Succession, Inqn. in, iv, 275 + +War-ships subjected to visits, iii, 512 + +Washing as evidence, ii, 566 + +Waste of confiscations, ii, 364 + +Water torture, iii, 19 + +Wax perquisite of Suprema, ii, 195 + +Wealth a source of danger, ii, 385 + fines proportioned to, ii, 396 + of Church, iv, 488, 493, 495 + of Portuguese New Christians, iii, 268 + +Weapons, prohibited, i, 402, 404 + +Wergild of Jews and Moors, i, 61 + +Wheat, importation of, i, 385 + requisition of, i, 393 + +Wheel of Beda, iv, 195 + +Widow holds office as dowry, ii, 221 + of officials and familiars, i, 444, 445 + +Wife, dowry of Catholic, ii, 325 + as witness against husband, ii, 537 + of officials, qualifications of, ii, 251, 296 + +Windows, overlooking, closed, ii, 472 + overlooking autos, iii, 213 + +Wine, trouble over, in Saragossa, i, 389 + +Wisigothic laws on Jews, i, 40 + on sorcery, iv, 179 + +Wisigoths, conversion of, i, 39 + +Witchcraft, cases referred to Suprema, ii, 180 + character and causes, iv, 206 + development, iv, 207 + the Sabbat, iv, 208 + congregation of 1526, iv, 212 + caution ordered, iv, 216 + enlightened instructions, iv, 219 + zeal restrained, iv, 221 + Logrofio auto of 1610, iv, 225 + Salazar's report, iv, 231 + instructions of 1614, iv, 235 + treated as illusion, iv, 238 + cases become rare, iv, 241 + in Roman Inqn., iv, 242 + treatment throughout Europe, iv, 246 + +Witch-crazes, their cause, iv, 234 + +Witches reputed as insane, iii, 58 + +Witiza favors Jews, i, 44 + +Witnesses in mixed suits, i, 72 + their perjury, i, 223; ii, 554 + against familiars, i, 447 + clerical, episcopal licence for, i, 491 + protection of, i, 368; ii, 542, 549, 551 + familiars as, i, 492 + as to _limpieza_, ii, 301 + their examination, ii, 466, 479, 541 + sworn to secrecy, ii, 473 + in secular law, ii, 535 + presumed to be legal, ii, 536 + for the defence, ii, 539; iii, 67 + compelled to testify, ii, 540 + suppression of their names, iii, 53, 64, 66, 548; iv. 106 + offers respecting, i, 217, 221, 222; ii, 550 + in Portugal, iii, 242, 257 + number required, ii, 561, 562 + _de visu_ and _de oidas_, ii, 564 + single, suffices for torture, iii, 9 + torture of, iii, 11 + disabled for enmity, iii, 64, 68 + in solicitation, iv, 120, 123 + enmity disregarded, iv, 156 + can revoke in witchcraft, iv, 235 + not to be investigated, iv, 261 + +Women exempt from galleys, iii, 140 + service in hospitals as penance, iii, 145 + prisoners, ii, 523, 525, 526 + stripped for torture, iii, 17 + monkish abuse of, iv, 120 + burning of, in England, iv, 526 + +Wood, indulgences for contributing, iii, 184 + +Work, hours of, not observed, ii, 226 + +Workmen entitled to _fuero_, i, 434 + +Works, external, rejected by mystics, iv, 3, 8, 28, 50 + +Writing materials for prisoners, ii, 517 + +Writings, licence to keep, iii, 489 + + +Xavier, St. Francis, urges colonial Inqn., iii, 260 + +Xavierr, Cardinal, on Morisco expulsion, iii, 392 + +Xea, Moriscos of, prosecuted, iii, 375 + +Xelder, Juan, arrested by impostor, iv, 346 + +Xeres, battle of, i, 44 + complaint of arrest at, i, 185 + tribunal of, i, 555 + claims on fugitive heretics, ii, 329 + +Ximenes, Catalina, case of, ii, 347 + +Ximenes, Cardinal, his purchase of preferment, i, 13 + Inq.-genl., of Castile, i, 180, 205 + power of dismissal confirmed, i, 178 + attempts reform, i, 215 + his alhondiga at Toledo, i, 388 + appoints president of Suprema, ii, 164 + restrains familiars, ii, 274 + no discrimination against Conversos, ii, 287 + claims share of confiscations, ii, 320 + his financial reforms, ii, 366 + checks grants from confiscations, ii, 380 + abolishes receivers of penances, ii, 391 + reserves commutations, ii, 409 + reforms office of receiver, ii, 446 + on suppression of witnesses' names, ii, 550 + allows prisoners to live at home, iii, 152 + prison must be perpetual, iii, 159 + forbids discretional sentences, iii, 160 + defines the sanbenito, iii, 163 + his conversion of Granada, iii, 320 + orders instruction of Moriscos, iii, 327 + on seduction of female prisoners, ii, 523 + favors the Beata de Piedrahita, iv, 7 + fate of his MSS., iv, 530 + +Ximenez de Reynoso on Moriscos, iii, 389 + +Ximeno, Cristóbal, case of, iv, 116 + +_Xorguina_, iv, 210 + + +Yáñez, Alvar, case of, i, 25 + +_Yantar_, i, 395 + +Youth as a defence, iii, 58 + +Youth liable to confiscation, ii, 321 + to torture, iii, 14 + to scourging, iii, 137 + to reconciliation, iii, 150, 206 + to prison, iii, 161 + to disabilities, iii, 174 + + +Zacharie, Jacques, case of, iii, 458 + +Zafar y Ribera, case of, ii, 579 + +Zafra, Francisco de, case of, iii, 427, 444 + +_Zahori_, iv, 187, 196 + +_Zala_, iii, 329 + +Zalaca, Jews in battle of, i, 85 + +_Zamarra_, iii, 163 + +_Zambras_ and _leilas_, iii, 329, 335 + +Zamora, Council of, on Jews, i, 69, 72 + struggle over canonry, ii, 417 + +Zapata, Inq.-genl., his resignation, i, 309 + Concordia of, i, 474 + Index of, iii, 495 + +Zapata, Garcia de, case of, ii, 2 + +Zapata, Melchor, his jubilation, ii, 225 + +Zaportas. Salomon and Bale, iii, 293 + +_Zaragüelles_, iii, 17 + +_Zarza, compañia de la_, iii, 216, 219, 228 + +Zayas, Josef de, his prosecution, iv, 429 + +_Zelatores fidei_ as witnesses, ii, 540 + +_Zofras_, iii, 376 + +Zumarraga, Juan de, persecutes witches, iv, 215 + +Zuñiga, Juan de, seizes Jean de Berri, ii, 130 + +Zuñiga, Inq.-genl., his death, i, 306 + +Zurita, Gerónimo, on papal jurisdiction, ii, 131 + as auditor of Suprema, ii, 194 + reclaims early records, ii, 258 + audits Sicilian accounts, ii, 367 + accounts of fines and penances, ii, 392 + his petition, ii, 194, 592 + his statistics as to Seville, iv, 519 + +Zurita, Dr., his reception at Castellon, ii, 239 + tenderness shown to him, i, 369, 530 + his arrests of Frenchmen, iii, 458 + +Zurbano, president of Suprema, ii, 164 + +_Zurra de rueda_, iii, 181 + + +FOOTNOTES: + +[1] I have considered this subject at greater length in "Chapters from +the Religious History of Spain," but the views there expressed have +been somewhat modified by access to additional documents. + +[2] II. Corinth. xii, 2-4. + +[3] Est hodie soror apud nos revelationum charismata sortita quas in +ecclesia inter Dominica solemnia per ecstasin in spiritu patitur; +conversatur cum angelis, aliquando etiam cum Domino, et vidit et audit +sacramenta et quorumdam corda dignoscit et medicinas desiderantibus +submittit.--De Anima, cap. ix. + +[4] Rufini Aquileiensis Historia Monachorum, _passim_.--Vitæ Patrum, +Lib. III, c. 141. + +[5] Chapeavilli Gestt. Pontiff. Leodiens., II, 256-7. + +[6] Treatises of Richard Rolle, VIII, pp. 14-15 (Early English Text +Society). + +[7] Basnage in Canisii Thes. Monum. Ecclesiæ, IV, 366-7. + +[8] Johann. PP. XXII, Bull. _In agro dominico_ (Ripoll. Bullar. Ord. +Prædic. VII, 57). + +[9] S. Cypriani Epist. iv ad Pomponium.--Concil. Antioch. (Harduin +Concil. I, 198).--Lactant. Divin. Institt. VI, xix. + +This test of continence was tried by St. Aldhelm (Girald. Cambrens. +Gemm. Eccles., Dist. II, cap. xv) and was practised by the followers of +Segarelli and Dolcino (Bern. Guidonis Practica, Ed. Douais, p. 260). + +[10] Clementin. Lib. V, Tit. iii, cap. 3. + +[11] Abecedario spiritual, P. III, Trat. xiii, cap. 3, fol. 122 +(Burgos, 1544). + +[12] Subida del Monte Carmelo, III, 38. + +[13] De la Oracion y Meditacion, II, ii. + +[14] De Oratione et Meditatione, cap. lv.--Cf. S. Pedro de Alcántara, +De la Oracion II, iv. + +[15] Archivo de Simancas, Sala 40, Lib. IV, fol. 231(see Vol. III, p. +570). + +[16] R. S. Victor Benjaminis Minoris, c. lxxxi.--S. Th. Aquin. Summæ +Sec., Sec. Q. clxxv, Art. 1. + +[17] Joh. Gersoni. Tract. de Distinct. verar. Visionum a falsis (Opp. +Ed. 1494, T. I, xix. L). + +[18] B. Juan de Avila, Audi Filia et vide, cap. li-lv. + +[19] Arbiol, Disengaños misticos, Lib. III, cap. xv (1707). + +[20] Amort de Revelationibus etc. P. I, pp. 259-68 (Aug. Vindel. 1744). + +[21] Abecedario spiritual, P. III, Trat. vi, cap. 2, fol. 52.--Cf. +Molinos, Guida, Lib III, cap. xvii, n. 163-4. + +[22] Melgares Marin, Procedimientos de la Inquisicion, II, 88(Madrid, +1886). + +[23] Proceso contra Hieron. de la M. de Dios (MSS. of Library of Univ. +of Halle, Yc, 20, T. VII). + +[24] Eymerici Director. P. II, Q. ix, n. 5.--Repertor. Inquisit. s. vv +_Beatæ_, _Begardæ_, _Beguinæ_, _Hæresis_, _Hæretici_, etc. + +[25] Abecedario spiritual, P. III, Trat. xxi, cap. 4, fol. +204.--Menendez y Pelayo, Heterodoxos, II, 526. + +[26] Pet. Mart. Angler. Epistt. 428, 431. + +[27] D. Manuel Serrano y Sans (Revista de Archivos etc., Enero, 1903, +p. 2). + +[28] See the trial of Alcaraz, epitomized by D. Manuel Serrano y Sana, +in the Revista de Archivos, Enero, 1903, pp. 1-16; Febrero, pp. 127, +130 sqq. + +[29] S. Bonaventuræ de Puritate Conscientiæ, cap. 14. + +[30] Don M. Serrano y Sans has published (Boletín, XLI, 105-37) the +principal features and documents of this trial. He states that much of +the testimony is utterly unfit for transcription. + +[31] Bulario de la Orden de Santiago, Lib. III, fol. 133. + +[32] This account of Francisco Ortiz is derived from the skilful +analysis of his trial by Eduard Böhmer in his "_Franzisca Hernandez und +Frai Franzisco Ortiz_" (Leipzig, 1865). + +[33] Melgares Marin, Procedimientos de la Inquisicion, II, 94-5. + +[34] Juan and María were uncle and aunt of the Cazallas who suffered +for Protestantism. + +[35] Melgares Marin, _op. cit._, II, 74-88. + +[36] Ibidem, pp. 147-53. + +[37] Archivo, hist. nacional, Inq. de Toledo, Leg. III, u. 46.--Cf. +Schäfer, II, 119. + +[38] MS. _penes me_. + +[39] Diálogo de Mercurio y Caron, cap. lxv. + +[40] So much has been said about this prosecution of Loyola that Padre +Fidel Fita has performed a service in printing the documents of the +case in the Boletin, XXXIII, 431-57. + +[41] Caballero, Vida de Melchor Cano, pp. 549-50, 557-9, 568-9, 572-7, +582-3, 592-3, 598, 601. + +[42] Salazar de Mendoza, Vida de Carranza, cap. xxxiii. + +The first of these undoubtedly is found in the Comentarios (P. III, +Obra iii, cap. 3), but it was perfectly admissible doctrine at the +period. Aspilcueta, who was no mystic, tells us, in 1577, that prayer +is worthless unless uttered in lively faith and ardent charity; +innumerable priests are consigned to purgatory or to hell on account +of their prayers, each one of which is at least a venial sin.--De +Oratione, cap. viii. + +It illustrates the progress of the movement against mysticism that the +Index of Zapata, in 1632 (p. 980) orders a passage in Don Quixote to be +_borrado_ in which this is expressed much less offensively--"Las obras +de Charidad que se hasen tibia y floxamente no tienen merito ni valen +nada." + +[43] Reusch, Die Indices, pp. 237, 438. + +[44] V. de la Fuente, Escritos de S. Teresa, I, 3-4, 557; II, 439-40, +557, 568, 571.--Index of Sotomayor, 1640, p. 529.--Indice Ultimo, p. +118. + +[45] José de Jesus María, Vida de San Juan de la Cruz (Escritos de S. +Teresa, II, 511-14). + +[46] Index of Sandoval, 1612, p. 379 (Ed. Genevæ, 1620). + +[47] Reusch, Die Indices, p. 224. + +[48] Caballero, Vida de Melchor Cano, p. 597.--Barrantes, Aparato para +la Historia de Extremadura, II, 346-7.--Giovanni da Capugnano, Vida +del P. Luigi Granata.--Theiner, Annal. Eccles., III, 361.--Palafox y +Mendoza, Obras, VII, 65. + +[49] Alfonso Rodríguez, Ejercicio de la Perfeccion, P. I, Trat. v, cap. +7, 12. + +[50] Ribadeneira, Vit. S. Ig. Loyolæ, Lib. v, cap. 10. + +[51] Alegambe, Bibl. Scriptt. Soc. Jesu, p. 136.--Nieremberg, Honor del +Gran Patriarca San Ignacio, p. 513.--L. de la Puente, Guia Spirituale, +P. II, Trat. 1, cap. 15, n. 3; cap. 18, n. 2 (Roma, 1628).--De Backer, +III, 639-53. + +[52] Archivo de Simancas, Inq., Lib. 76, fol. 343. + +[53] Caballero, _op. cit._, p. 526.--Cf p. 359. + +[54] Fray Alonso's Memorial, from which the subsequent details are +drawn, has been printed by Don Miguel Mir in the _Revista de Archivas_ +for Aug.-Sept., 1903; Jan., 1904; Aug.-Sept., 1904; June, 1905; July, +1905; and Aug.-Sept., 1905. + +[55] Barrantes, Aparato para la Historia de Extremadura, II, 332-47. + +[56] Biblioteca nacional, MSS., S. 151, fol. 54-67.--Barrantes, +_op. cit._, II, 329, 347-57.--Miscelanea de Zapata (Memorial hist. +español, XI, 75).--Cipriano de Valera, Dos Tratados (Reformistas antig. +españoles, p. 272).--Dorado, Compendio histórico de Salamanca, p. 423. + +In 1576 Alonso González Carmena was tried at Toledo for saying that +the only object of the Inquisition was to get money, and instancing +a wealthy damsel of Llerena recently arrested as an Alumbrado. He +probably considered his assertions verified by having to pay a fine of +4000 maravedís, in addition to six months' exile.--MSS. of Library of +Univ. of Halle, Yc, 20, T. I. + +[57] Páramo, p. 302. + +[58] Archivo de Simancas, Inq., Lib. 939, fol. 108; Lib 979, fol. +30.--The details of the Edict are derived from a copy published in +Mexico, July 17, 1579, which I owe to the kindness of the late General +Don Riva Palacio. In the Edict published at the opening of the Mexican +Inquisition, Nov. 3, 1571, there is no allusion to the subject. See +Appendix to Vol. II, p. 587. + +[59] Páramo, pp. 302, 681-2, 688-9, 854. + +[60] MSS. of Library of Univ. of Halle, Yc, 20, T. I. + +[61] MSS. of Library of Univ. of Halle, Yc, 20, T. VII. + +[62] Archivo de Simancas, Inq., Leg. 552, fol. 1. + +[63] Mística Teología, Lib. II, cap. 1, 4, 5, 6. + +[64] Menéndez y Pelayo, II, 547-8.--MSS. of Bodleian Library, Arch S, +130. + +[65] Barrantes, Aparato, II, 363. + +[66] Barrantes, _op. cit._, II, 364-70. Thia copy is somewhat +imperfect; a better one is in the Bibliothèque nationale, fonds Dupuy, +673, fol. 181. + +Malvasia (Cathologus omnium Hæresum et Conciliorum, Romæ, 1661, p. 269) +gives a list of fifty Illuminist errors from this edict of Pacheco. Cf. +Bernino, Historia di tutte l'Heresie, IV, 613 (Venezia, 1717). + +[67] Archivo de Simancas, Inq., Lib. 927, fol. 475. + +This bold protest seems to have called attention to Portocarrero's +ability for, in 1624, we find him appointed Inquisitor of Majorca +and writing a book in defence of the Inquisition against the royal +jurisdiction. + +[68] Barrantes, _op. cit._, II, 363, 371-2. + +[69] MSS. of Bodleian Library, Arch S, 130. + +[70] MSS. of Bodleian Library, Arch Seld. A., Subt. 11; Arch Seld. 130. + +[71] Llorente, Hist. crit., cap. xxxviii, n. 5.--Llorente's statement +is confirmed by the account in Bernino's _Historia di tutte l'Heresie_, +IV, 613. See also Terzago, Theologia historico-mystica, p. 6 (Venetiis, +1764). + +[72] Bibl. nacional, MSS., V, 377, cap. xxi. + +[73] Cartas de Jesuitas (Mem. hist. español, XIII, 122, 150-62, 165, +173, 175, 177-80, 184, 205-7, 214, 222, 245, 267, 324, 435, 528, 543, +547; XIV, 12, 21, 47; XV, 80; XIX, 383).--Pellicer, Avisos históricos +(Semanario erúdito, XXXIII, 99, 168).--Index of Vidal Marin, 1707, +II, 19.--Archivo hist. nacional, Inq. de Valencia, Leg. 1, n. 6, fol. +591.--Decret. authent. Sacræ Congr. Indulgentt. n. 4, 14. + +[74] Vida, pp. 6, 10, 275 (Ed. 1784). + +[75] Various biographies of her have been written by Moran de Butron, +Pietro del Spirito Santo, P. Gijon y Leon, P. Gius. Boero and Juan del +Castillo, of some of which repeated editions have appeared. + +[76] Pellicer, Avisos históricos (Semanario erúdito, XXXIII, 171). + +[77] Ochoa, Epistolario español, II, 81. + +[78] Vita Yen. Mariæ de Agreda, §§ 4, 6, 8, 13, 38.--Præfat. ad Lib. I, +Vitæ B. Virginis. + +[79] Archivo de Simancas, Inq. Leg. 1465, fol. 101.--Index Libb. +prohib. Innoc. PP. XI, p. 167; Append. p. 41.--Reusch, Der Index, +II, 253.--Mendham, Literary Policy of the Church of Rome, pp. 272-4 +(London, 1830).--Phelippeaux, Relation de l'Origine etc. du Quietisme, +I, 178-83 (s. l. 1732). + +[80] D'Argentré, Collect. Judic. de novis Erroribus, III, I, 156. + +[81] Analecta Franciscana, I, 92.--Reusch, Der Index, II, 256.--Amort +de Revelationibus, P. II, p. 226. + +[82] Index Clementis PP. XI, p. 292.--Index Bened. PP. XIV, 1744, p. +313. It is significant of the resultant dubious position of the books +that Caetano Marcecales, in his _Enchiridium mysticum_ (Veronæ, 1766), +while giving two lists of mystic works, one permitted and the other +prohibited, wholly omits the writings of María de Agreda. + +[83] Archivo hist. nacional, Inq. de Toledo, Leg. 1.--Biblioteca +Casanatense, MS. X. v, 27, fol. 235. + +[84] Bordoni Sacrum Tribunal Judicum, p. 508 (Romæ, 1648).--Ign. Lupi +Bergomens. Nova Lux in Edictum S. Inquisit. (Bergomi, 1648). + +[85] Reusch, Der Index, II, 610-11. + +[86] Scaglia, Prattica per le cause del Sant' Officio, cap. 25 (MS. +_penes me_). There are copies in the Bibliothèque nationale, fonds +italien, 139; in the Royal Library of Munich, Cod. Ital. 598, and in +the Municipal Library of Piacenza. + +[87] Bernino, Historia di tutte l'Heresie, IV, 712 (Venezia, 1717.) + +[88] Royal Library of Munich, Cod. Ital. 185, pp. 1-7.--Library of the +Seminario della Curia arcivescovile di Firenze, Chiese, Spogli, Vol. I, +pp. 407 aqq.--[Modesto Rastrelli] Fatti attinenti all' Inquisizione, +pp. 173-77 (Venezia, 1782).--Cf. Cantù, Eretici d'Italia, III, 336. + +[89] Biblioteca del R. Archivio di Stato in Roma, Miscellanea +MS., pp. 577-630.--Royal Library of Munich, Cod. Itat. 185, +pp. 13-26.--L'Ambasciata di Romolo a Romani, p. 689 (Colon. +1676).--Collect. Decret. S. Congr. S. Officii, p. 7 (MS. _penes +me_).--Cantù, _op. cit._, III, 330. + +[90] MSS. of Ambrosian Library of Milan, H, S, VI, 29, fol. 140. + +[91] Bernino, Historia di tutte l'Heresie, IV, 722-6.--MSS. of +Ambrosian Library, H, S, VI, 29, fol. 14. This latter is a considerable +body of documents from which are derived the facts that follow. + +[92] Ambrosian MSS. _ubi sup._ fol. 111, 113, 117, 119, 121, 135, 137, +138. + +[93] Ibidem, fol. 58, 61, 66, 80, 83, 86. + +[94] Ambrosian MSS. _ubi sup._, fol. 18, 22, 24, 34, 38, 39, 40, 41, +42, 43, 44, 45, 49, 50, 51, 53, 54, 61, 81, 91. + +[95] Ibidem, fol. 44, 54, 66, 81. + +[96] Ambrosian MSS. _ubi sup._, fol. 65, 82, 113, 117, 119. + +[97] Guida spirituale, Lib. I, n. 128.--"Non parlando, non pensando, +non desiderando, si giunge al perfetto silenzio mistico, nel quale +Iddio parla con l'anima e a lei si communica e le insegna nel più +intimo fondo la più perfetta e alta sapienza." + +Cf. Osuna, Abecedario spiritual, P. III, Trat. xxi, Cap. 3, fol. +203.--Santa Teresa, Libro de las Revelaciones.--San Juan de la Cruz, +Subida del Monte Carmelo, II, vii. + +[98] Guida, Lib. I, n. 68-70. + +[99] Guida, Lib. III, n. 3, 40. + +[100] Biblioteca Casanatense, MS. X, v, 27, fol. 231 sqq. + +[101] Reusch, Der Index, II, 612-14. Of these controversial works I +have been able to examine only Segneri's _Lettera_ and the _Clavis +Aurea_. The chief impression made by these polemics is the elusiveness +of these mystic dreams when an attempt is made at rigid definition and +differentiation. + +[102] Biblioteca Casanatense, MS. X, IV, 39, fol. 19sqq. + +[103] Bernino, _op. cit._, IV, 726. + +[104] Biblioteca Casanatense, MSS. X, VII, 46, fol. 289 sqq. This is +an account of the affair by one evidently in position to have accurate +knowledge of details. + +[105] Archivo histórico nacional, Inq. de Valencia, Legajo 1, n. 4, +fol. 164.--Archivo de Simancas, Inq., Legajo 1465, fol. 101. + +[106] Archivo hist. nacional, Inq. de Valencia, Legajo 12, n. 1, fol. +106. + +[107] Trois lettres touchant l'Etat present d'Italie, pp. 90-120 +(Cologne, 1688) + +These nineteen errors are here printed with their confutations, but +without indication of date or of the authority under which they +were prepared. They are also contained, with a different series of +confutations, in the mass of papers concerning the Pelagini, in the +Ambrosian Library, H, S., VI, 29, fol. 28. + +This also contains (fol. 30) a series of instructions for detecting +the Quietist heresy, consisting of a list of forty-three errors. Some +of these set forth so concisely the leading tenets ascribed, with +tolerable accuracy, to the Quietists, that they are worth presenting +here. + +21. They seek to annihilate the memory, the intellect and the will; to +remember nothing, to understand nothing, to desire nothing, and they +say that when they have thus emptied themselves they are refilled by +God. + +22. They say that God operates in their souls without coöperation; that +their spirit is identified with God, so that they are purely passive, +surrendering their freewill to God who takes possession of it. + +23. Thus such souls are preserved from even venial sins of advertence +and, if they commit some inadvertently they are not imputed. + +24. Also some proceed to claim impeccability, because they cannot sin +when God operates in them without their participation. + +25. If these souls commit sinful acts, they say it is through the +violence of the demon, with the permission of God, for their torment +and purgation. + +28. Examination of conscience to ascertain if there has been consent to +such acts is not expedient, for it distracts introversion and disturbs +the quiet of the soul. + +[108] Bibl. Casanatense MSS., X, VII, 45, fol. 289. + +I cannot but regard this as a truthful report. It accords with the +briefer abstract in the final sentence, which distinguishes between +the articles proved by witnesses and denied by Molinos and those which +he admitted. Reusch (Der Index, II, 617-18) states that the sentence +has been printed in the _Analecta Juris Pontificii_, 6, 1653, and +in the Appendix to Francke's translation of the _Guida Spirituale_, +published in 1687. I have a copy from the Royal Library of Munich, +Cod. Ital. 185, and there is one in the Bibliothèque nationale, fonds +italien, 138, which also contains the 263 articles drawn from his +correspondence, with his answers. + +[109] D'Argentré, Collect. judic. de novis Erroribus, III, II, 357-62. + +[110] The account of the atto di fede is derived from the MS. +Casanatense, X, VII, 45, and a relation printed by Laemmer, +_Meletematum Romanorum Mantissa_, pp. 407 sqq., who also prints (pp. +412-22) the sentence of Pedro Peña. + +The contemporary printed sources of the whole affair are _Trois Lettres +touchant l'Etat present d'Italie_, Cologne, 1688; _Recueil de diverses +pièces concernant le Quietisme et les Quietistes_, Amsterdam, 1688, +and Bernino, _Historia di tutte l'Heresie_, IV, 711 sqq. The concise +account by Reusch (_Der Index_, II, 611 sqq.) is written with his +accustomed thoroughness and careful use of all accessible sources. +John Bigelow's "Molinos the Quietist" (New York, 1882) is a popular +narrative which rejects the charges of immorality. See also Heppe, +_Geschichte der quietistischen Mystik_, pp. 110 sqq., 260 sqq. (Berlin, +1875). + +[111] Innocentii PP. XI, Bull. _Coelestis Pastor_ (Bullar. X, 212). + +[112] Reusch, Der Index, II, 618.--Index Innoc. XI, Append, pp. 7, 28, +45, 47 (Romæ, 1702). + +[113] MSS. of Ambrosian Library, H. S. VI, 29, fol. 67 sqq. + +[114] Bernino, _op. cit._, IV, 727-8. + +[115] Royal Library of Munich, Cod. Ital. 209, fol. 67 sqq.--Cf. +Phelippeaux, Relation du Quietisme, II, 117, 154. + +[116] Laemmer, _op. cit._, p. 427.--Heppe, Geschichte der +quietistischen Mystik, p. 445. + +[117] Mongitore, L'Atto pubblico di Fede celebrato à 6 Aprile, 1724 +(Palermo 1724). + +[118] See the extracts from S. François de Sales collected by Fénelon, +in his Fifth Letter.--OEuvres, II, 95-98 (Paris, 1838). + +[119] Noack, Die christliche Mystic, II, 236 (Königsberg, 1853). + +[120] Heppe, _op. cit._, p. 88. + +[121] Abomination des Abominations des fausses Devotions de ce Tems +divisées, en Trois, la premiere des Illuminez; la seconde des nouveaux +Adamites; la troisieme des Spirituels à la mode, p. 88 (Paris, 1632). + +[122] Bossuet, who read her autobiography in MS. tells us of this +tympanitic condition and the splitting of her garments (De Quietismo, +_ap._ Laemmer, _op. cit._, p. 423). In the printed life, this special +feature is omitted, but the passage has every appearance of curtailment +(II, 33, cf. 234; III, 9). + +[123] Bossuet's side in this controversy is elaborately set forth in +Phelippeaux's posthumous "Relation de l'Origine, du Progrès et de la +Condemnation du Quiétisme," 2 vols., 1732 (_s. l._). Also in Bossuet's +"Relation sur le Quiétisme" and subsequent controversial writings, +Paris, 1698. Madame Guyon's statements are contained in "La Vie de +Madame J. M. B. de la Mothe Guion, écrite por Elle-même," 3 vols. +Cologne, 1720. She is defended in the "Lettres de M. xxx (Abbé de la +Blatterie) à un Ami au sujet de la Relation du Quiétisme," 1733 (_s. +l._). Fénelon's writings on the subject are in his _OEuvres_, T. II, +Paris, 1838. + +Comprehensive accounts may be found in Matter, "Le Mysticisme en +France au temps de Fénelon," Paris, 1865 and Heppe, "Geschichte der +quietistischen Mystik in der katholischen Kirche," Berlin, 1865. + +[124] Compendio de la asombrosa Vida del gran Siervo de Dios, Fr. Juan +Joseph de la Cruz, pp. 276 sqq. (Madrid, 1790). + +[125] Archivo hist. nacional, Inq. de Valencia, Leg. 1, n. 4, fol. 164. + +[126] Bulario de la Orden de Santiago, Lib. V, fol. 103; Lib. III de +copias, fol. 703, 704.--Archivo hist. nacional, Inq. de Valencia, Leg. +12, n. 4, fol. 124. + +[127] MSS. of Archivo municipal de Sevilla, Seccion especial, Siglo +XVIII, Letra A, Tomo IV, n. 48-49.--These are relations of the auto, +one of which I have printed in "Chapters from the Religious History of +Spain." + +[128] Relacion hist. de la Judería de Sevilla, pp. 99-103. + +[129] Archivo municipal de Sevilla, _loc. cit._, n. 52. + +[130] Matute y Luquin, p. 211. + +[131] Possadas, Triumphos de la Castidad contra la Luxuria diabolica de +Molinos, Córdova, 1698. + +This is a second edition; a third appeared in Madrid, in 1775. + +[132] Archivo hist. nacional, Inq. de Valencia, Leg. 2, n. 15; Leg. 12, +n. 2, fol. 126. + +[133] MSS. of Library of Univ. of Halle, Yc, 20, T. XI. + +[134] Matute y Luquin, pp. 216-23. + +[135] Index of Vidal Marin, 1707, II, 195. + +[136] Bulario de la Orden de Santiago, Lib. V, fol. 141, 144, +146, 150.--Archivo de Simancas, Inq. Legajos 418, 419 (números +antiguos).--See Appendix for the abjuration, which summarizes the +errors. + +[137] Archivo de Simancas, Inq., Lib. 876, fol. 153.--Llorente (Hist. +crít. Cap. XLII, n. 15) places this case under Carlos III. + +[138] Llorente, Hist. crít., cap. XL, art. ii, n. 1-14. + +[139] There is an allusion to this edict in the _Relacion de la Causa +contra Don Pedro Fernández Ybarraran_ (MSS. of David Fergusson Esq.). + +[140] Proceso contra Fray Eusebio de Villaroja (MSS. of David Fergusson +Esq.). + +[141] Lib. XIII de Cartas, fol. 192 (MSS. of Am. Philosophical Society). + +[142] Archivo hist. nacional, Inq. de Toledo, Leg. 1. + +[143] Ibidem, Inq. de Valencia, Leg. 100. + +[144] Archivo de Simancas, Inq., Lib. 890, fol. 82. + +[145] Ibidem, Lib. 890.--Matute y Luquin, p. 296. + +[146] Archivo hist. nacional, Inq. de Toledo, Leg. 114, n. 18. + +[147] Bibl. nationale de France, fonds espagnol 354, fol. +248-69.--Llorente, Hist. crít., cap. XVI, art. iv.--Miscelanea de +Zapata (Mem. hist. español, XI, 70).--Cipriano de Valera, Dos Tratados, +p. 480 (Reformistas antiguos españoles).--Ribadeneira, Vit. Ign. +Loyolæ, Lib. V, cap. 10.--Luigi de Granata, Vita di Giovanni d'Avila, +p. 143 (Romæ, 1746).--Matute y Luquin, p. 18.--Simancæ de Cath. +Institt. Tit. XXI, n. 24. + +A French translation of the sentence and confession has been printed by +M. Campan, in the appendix to the _Mémoires de Francisco de Enzinas_. + +[148] Godoy Alcántara, Historia de los falsos Cronicones, p. 2.--Cf. V. +de la Fuente, Hist. ecles., III, 255. + +[149] Relatione del Miracolo delle Stimmate, venute nuovamente ad una +Monacha dell' Ordine di S. Domenico, in Portogallo, nella Città di +Lisbona.--Bologna, 1584.--Printed also in Rome and in Verona. + +[150] Cipriano de Valera, Enjambre de falsos Milagros, pp. 564, +sqq. Usoz y Rio, in his notes to this reprint, in his _Reformistas +antiguos_, says that Valera's versions are faithfully made from "Les +grands Miracles et les Tressainctes Plaies advenuz à la R. Mère Prieure +du Monasteire de l'Anonciade." A Paris par Jean Bressant, 1586. + +[151] Cipriano de Valera, pp. 575-80.--Páramo, pp. 233-4, 302-4. + +In 1650, Padre Diego Tello, S. J., in an opinion given to the Granada +tribunal alludes to the political objects of Sor María's impostures, as +though it was a well-known fact.--MSS. of Library of Univ. of Halle, +Yc, 17. + +[152] Archivo de Simancas, Inq., Lib. 939, fol. 700. + +[153] Ibidem, Inq. de Toledo, Leg. 113, n. 6. + +[154] Cartas de Jesuitas (Mem. hist. español, XIII, 49, 51). + +[155] Bibl. nacional, MSS., D, 111, fol. 127. + +[156] MSS. of Bodleian Library, Arch. S., 130.--Bibl. nacional, MSS., +V, 377, cap. XXI, § 7. + +[157] Cartas de Jesuitas (_op. cit._, XIII, 42, 51, 457).--Archivo de +Simancas, Inq., Leg. 552, fol. 17. + +[158] Bibl. nacional, MSS., V, 377, cap. xxi, § 5. + +[159] Archivo hist. nacional, Inq. de Toledo, Leg. 1. + +[160] Bibl. nacional, MSS., D, 118, fol. 405, n. 66. + +[161] Olmo, Relacion, pp. 201-3, 240. + +[162] MSS. of Library of Univ. of Halle, Yc, 20, T. XI.--Archivo hist. +nacional, Inq. de Toledo, Leg. 1. + +[163] Royal Library of Berlin, Qt. 9548. + +[164] Archivo hist. nacional, Inq. de Toledo, Leg. 1. + +[165] Menéndez y Pelayo, III, 405.--MSS. of Archivo municipal de +Sevilla, Seccion especial, Siglo XVIII, Letra A, T. 4, n. 56.--Cartas +del Filósofo rancio. II, 495 (Madrid, 1824). + +[166] Archivo hist. nacional, Inq. de Valencia, Leg. 100. + +[167] Llorente, Hist. crít., cap. XLIII, art. iv, n. 1.--Archivo hist. +nacional, Inq. de Toledo, Leg. 115, n. 25; Inq. de Valencia, Leg. 100. + +By edict of June 23, 1805, all writings in which credit of any kind was +given to the favors which the beata pretended to have received from +heaven were absolutely prohibited.--Suplemento al Indice expurgatorio, +p. 25 (Madrid, 1805). + +[168] Llorente, _loc. cit._, n. 2.--Archivo, hist. nacional, Inq. de +Valencia, Leg. 100. + +[169] Extracto de la Causa seguida á Sor Patrocinio (Madrid, 1865). + +[170] Revista Cristiana, Marzo-Abril, 1891 (Madrid). + +Spain is by no means the only seat of these manifestations. In +1848 there was at Niederbronn, near Strassburg, a bride of Christ +named Elizabeth Eppinger who, though denied the supreme favor of +the stigmata, had trances and visions and the gift of prophecy. She +founded the Order of _Filles du Redempteur_, over which she presided as +Soeur Alphonse.--Abbé Busson, Lettres sur l'Extatique de Niederbronn +(Besançon, 1849-53). + +The grace of the stigmata is likewise not uncommon. About 1825 there +flourished Katharine Emmerich, the nun of Dülmen, and contemporary with +her were three girls in Tyrol, Maria von Mörl, Domenica Lazzari and +Crescenzia Nicklutsch, all of whom enjoyed also the customary visions +and ecstasies. The learned Joseph Görres was one of the believing +pilgrims who put on record his experiences. At the same time Provence +boasted of a similar _beata_, Madame Miollis, known as the _stigmatisée +du Var_, at Villecroze.--Die Tyrolen ekstasischen Jungfrauen +(Regensburg, 1843).--Nicolas, L'extatique et les stigmatisées du Tyrol +(Paris, 1844).--Boré, Les stigmatisées du Tyrol, 2^{e}. Ed. (Paris, +1846). + +The more recent case of Louise Lateau, in Belgium, is well known. +All this, however, is trivial in comparison with the development of +stigmatisation among the followers of Pierre-Michel Vintras, in France. +In 1850 it was reckoned that no less than three hundred were favored +with this distinguishing mark of divine approval.--André, Affaire Rose +Tamisier, p. 5 (Carpentras, 1851). + +[171] S. Th. Aquin. Summæ Suppl. Q. VIII, art. 4.--Astesani Summæ, Lib. +V, Tit. xiii, Q. 2.--Summa Sylvestrina s. v. CONFESSOR, I, §§ 10-11. + +[172] Guidonis de Monte Rocherii Manip. Curator. P. II, Tract, iii, +cap. 9. + +[173] S. Antonini Summæ, P. III, Tit. xiv, cap. 19, § 8. + +[174] S. Th. Aquin. in IV Sentt., Dist. XIX, Q. 1, art. 3.--Joh. +Friburgens. Summæ Confessor., Lib. III, Tit. xxxiv, Q. 65. + +[175] Burriel, Vidas de los Arzobispos de Toledo (Bibl. nacional, MSS. +Ff, 194, fol. 9). + +[176] Concil. Valentin, ann. 1565, Tit. ii, cap. 17 (Aguirre, V, +417).--C. Mediolanensis I, ann. 1565, cap. 6 (Harduin. X, 653).--C. +Provin. Mediolanens. IV, ann. 1576 (Acta Eccles. Mediolanens. I, +146).--Rituale Roman., Tit. iii, cap. 1. + +[177] MSS. of David Fergusson, Esq.--Archivo de Simancas, Inq., Sala +39, Leg. 4, fol. 34, 55, 81.--Archivo hist. nacional, Inq. de Valencia, +Leg. 9, n. 2, fol. 236, 237.--Bibl. nacional, MSS., PV, fol. C, 17, n. +38. + +[178] Archivo hist. nacional, Inq. de Valencia, Leg. 16, n. 6, fol. 9. + +[179] Gratiani Decret. Caus. xxx, q. i, can. 8, 9, 10.--Constitt. R. +Poore, cap. 9 (Harduin. VII, 91). + +[180] Salcedo, Practica criminalis canonica, p. 276 (Compluti, 1587). + +For an instructive sketch of Ghiberti by Miss M. A. Tucker, see English +Hist. Review, Jan.-July, 1903. + +[181] Archivo hist. nacional, Inq. de Toledo, Leg. 233, n. 100. + +[182] Archivo hist. nacional, Inq. de Toledo, Leg. 231, n. 71. + +[183] Archivo de Simancas, Inq., Lib. 939, fol. 374. + +[184] Pauli PP. IV Bull. _Cum sicut nuper_, 16 Apr., 1559 (Bullar. +Roman. II, 48). + +[185] Páramo, p. 880. + +[186] Pii PP. IV, Const. 51, _Pastoris æterni_, 1 Apr. 1562. It is +perhaps suggestive that in the Luxemburg Bullarium (III, 71) the +omission of the word _non_ completely reverses the purport of the +brief. It will be found correctly printed in Cherubini's edition. + +[187] Páramo, p. 881. + +[188] Pauli PP. V, Const. _Cum sicut nuper_, 16 Sept. 1608 +(Trimarchi de Confessario abutente etc. Tractat., pp. 7, 10.--Genuæ, +1636).--Archivo de Simancas, Inq., Leg. 1465. fol. 16. + +[189] Trimarchi, pp. 10, 11. + +[190] Bullar. Roman. III, 484.--Trimarchi, pp. 14-18. + +[191] Archivo hist. nacional, Inq. de Valencia, Lib. VIII de autos, +Leg. 2, fol. 114. + +[192] Ant. de Sousa, Opusc. circa Constit. Pauli V, Tract. I, cap. 20. + +[193] Archivo de Simancas, Inq., Lib. 939, fol. 371.--Archivo hist. +nacional, _ubi sup._ + +[194] Archivo de Simancas, Inq., Lib. 940, fol. 212; Gracia y Justicia, +Inq., Leg. 631, fol. 27. + +[195] MSS. of Bodleian Library, Arch, S, 130. + +[196] Archivo hist. nacional, Inq. de Valencia, Leg. 1, n. 6, fol. 274, +393.--Archivo de Simancas, Inq., Leg. 1465, fol. 16. + +The clause concerning solicitation in the Edict of Faith, published +at Valencia, Feb. 24, 1630, shows this and also the devices used +to elude the technical definition of the offence. "Or, whether any +confessor or confessors, clerics or religious of whatever station +pre-eminence or condition, in the act of confession or immediately +before or after it, or with occasion or appearance of confession, +although there is no opportunity and no confession may have followed, +but in the confessional or any place where confessions are made, or +which is destined for that purpose, when the impression is produced +that confession is being made or heard, have solicited or attempted +to solicit any one, inducing or provoking them to foul and indecent +acts, whether between the penitent and confessor or others, or have +held indecent and illicit conversation with them. And we exhort +and order all confessors to admonish their penitents, whom they +understand to have been solicited, of the obligation to denounce the +solicitors to this Holy Office, which has exclusive cognizance of this +crime."--Archivo hist. nacional, Inq. de Valencia, Lib. 7 de Autos, +Leg. 2, fol. 114. + +[197] Archivo hist. nacional, Inq. de Valencia, Lib. 7 de Autos, Leg. +2, fol. 114. + +[198] "Cuyo conocimiento pertenece al Santo Oficio de la Inquisition, +sin embargo del Breve de la Santidad de Gregorio XV expedido en treinta +de Agusto de 1622 años, por declaracion suya, para las Inquisiciones +de los Reynos de su Magestad, toca privativamente el castigo de este +delito al Santo Oficio y no á los obispos ni á sus vicarios, provisores +ni ordinarios."--Bibl. nacional, MSS., D, 118, p. 148. + +[199] Archivo de Simancas, Inq., Lib. 28, fol. 246; Lib. 890. + +[200] Ibidem, Lib. 939, fol. 107; Lib. 942, fol. 23, 31; Leg. 1465, +fol. 16.--It is scarce worth while to refer to the wild story of +Gonzáles de Móntes (Inquis. hist. artes detectæ, p. 185) that in +Seville this brought in so many denunciations that twenty secretaries +and as many inquisitors were unable to take them down within the thirty +days allowed and that four prolongations of the time were required. + +[201] Bibl. nacional, MSS., D, 118, fol. 216, n. 60. + +[202] Archivo de Simancas, Inq., Leg. 1665, fol. 16; Lib. 939, fol. +107; Lib. 942, fol. 31. + +[203] Archivo hist. nacional, Inq. de Valencia, Leg. 2, n. 16, fol. +254.--Archivo de Simancas, Inq., Lib. 83, fol. 25. + +The Roman Inquisition tardily followed the example of the Spanish in a +decree of 1677.--Berardi de Sollicitatione et Absolutione Complicis, p. +6 (Faventiæ, 1897). + +[204] "La experiencia acredita que muchos contestes, singularmente +mugeres y en causas de solicitacion, nada declaran, ya por miedo, ya +por vergüenza, ya por una falsa caridad, de que tiene el Santo Oficio +freqüentes y lastimosas experiencias."--Instrucion que han de guardar +los Comisarios, n. 21. + +[205] Archivo hist. nacional, Inq. de Toledo, Leg. 227, n. 7. + +[206] Ibidem, Inq. de Valencia, Leg. 2, n. 15. + +[207] Archivo de Simancas, Inq., Lib. 939, fol. 371. + +[208] Bibl. nacional, MSS., B, 159, fol. 161-2. For various +speculations on the subject see Rod. a Cunha pro PP. Pauli V Statuto, +Q. xix (Benavente, 1611).--Ant. de Sousa Opusc. circa Constit. Pauli V, +Tract. ii, cap. 7-10. + +[209] Card. Cozza, Dubia selecta circa Solicitationem, Dub. XLII +(Lovanii, 1750). + +[210] Archivo hist. nacional, Inq. de Valencia, Leg. 365, n. 46. + +[211] Bibl. nacional, MSS., V, 377, cap. XX. + +[212] MSS. of Royal Library of Copenhagen, 218^{b}, p. 264. + +[213] Archivo de Simancas, Inq., Leg. 1465, fol. 16.--MSS. of Bibl. +nacional de Lima, Protocolo 223, Exp^{te} 5270. + +[214] Rod. a Cunha, Q. XIV, XV.--Ant. de Sousa, Tit. I, cap. +19.--Matteucci Cautela Confessarii, Lib. I, cap. 5, n. 3 (Venetiis, +1710).--Cozza, Dub. XVII.--Bibl. nacional, MSS., V, 377, cap. XX. + +[215] Ant. de Sousa, Tract. I, cap. XV. + +[216] There were many probabilist authorities who held that the fact +that such acts as kissing, pressing the hands, handling the breasts, +etc., were committed in the confessional did not change them from +venial to mortal sins. See Del Bene de Officio S. Inquis. P. II, Dub. +237, Sect. 3, n. 3 (Lugduni, 1666). Cf. Cozza, Dub. III, n. 18. + +In 1743 a lively controversy arose between the rigorists and the +Jesuits over the _Tatti mammillari_ caused by a proposition of Father +Benzi S. J. that stroking the cheeks of nuns and handling their breasts +were venial, when unaccompanied with depraved intentions.--Concina, +Explicazione di quattro Paradossi, cap. 1 § 1 (Lucca, 1746). + +[217] Cozza, Dub. III, IV, V.--Fran. Bordoni Sacrum Tribunal Judicum, +cap. XXIII, n. 53-61 (Romæ, 1648); Ejusd. Manuale Consultorum, Sect, +XXV, n. 91 (Romæ, 1693). + +[218] Archivo hist. nacional, Inq. de Valencia, Leg. 365, n. 46, fol. +26. + +[219] Rod. a Cunha, Q. XVII.--Ant. de Sousa, Tract. I, cap. xiv.--Jo. +Sánchez, Disputationes Selectæ, Disp. XI, n. 43, 44 (Ludguni, 1636). + +[220] Rod. a Cunha, Q. XIV.--Ant. de Sousa, Tract. I, cap. xi.--Cozza, +Dub. XXXVII.--Trimarchi, p. 160.--Bibl. nacional, MSS., B, fol. 160. + +[221] Trimarchi, p. 145.--Cozza, Dub. XXXVIII. + +[222] Páramo, p. 886. + +[223] A Cunha, Q. IX, XI.--De Sousa, Tract. I, cap. vi, vii, +xvii.--Alberghini Manuale Qualificatorum, cap. XXXI, § 1, n. 10, 11, +17.--Trimarchi, pp. 193, 199, 2O1, 212.--Cozza, Dub. IX, X, XI.--Bodoni +Manuale, Sect. XXV, n. 169--Bibl. nacional, MSS., V, 377, cap. XX, §§ +5, 10. + +[224] Archivo hist. nacional, Inq. de Valencia, Leg. 376.--Archivo de +Simancas, Inq., Registro de Solicitantes, A, 7, fol. 2 (Lib. 1002, fol. +2). + +[225] The more important of these decisions were-- + +3 There is no _parvitas materiæ_ in solicitation. + +8 When the solicitation is mutual, the confessor is to be denounced. + +9 A confessor yielding to solicitation through fear is to be denounced. + +10 Solicitation in other sacraments does not fall within the papal +bulls. + +11 Solicitation to other than carnal sins during confession does not +require denunciation. + +12 When a confessor praises the beauty of a penitent, if the praise is +serious and without evil intention, he is not liable to denunciation; +if otherwise, he is. + +13 If a confessor sitting in a confessional solicits a woman standing +before him without pretext of confession he is probably not liable to +denunciation. + +14 A confessor who makes during confession a present to the penitent, +without evil intention is not liable to denunciation; otherwise he +is.--Berardi de Sollicitatione, p. 5. + +[226] Bullar. Roman. T. VI, Append. p. 1. + +[227] Bullar. Benedicti PP. XIV, T. I, p. 23-4. + +[228] Bullar. Roman. _ubi sup._ + +[229] Bullar. Benedicti PP. XIV, _loc. cit._ + +[230] Archivo hist. nacional, Inq. de Toledo, Leg. 1; Inq. de Valencia, +Leg. 365, n. 46.--Archivo de Simancas, Inq., Lib. 890. + +[231] Joh. Sánchez Disputt. Select., Disp. xi, n. 3, 4.--Juan Sánchez +was one of the laxer moral theologians of the seventeenth century, some +of whose propositions incurred papal censure, but this escaped. Hurter +characterizes him as "in morum doctrina versatissimus."--Nomenclator +Theol. Cathol. I, 414. + +[232] Ant. de Sousa, Tract. II, cap. XX.--Berardi de Sollicitatione, +p. 129.--Il Consulente Ecclesiastico, Vol. IV, p. 19 (1899).--S. Alph. +de Ligorio Theol. Moral. Lib. VII, n. 519. Podestà, however, tells us +that in his time, in the diocese of Naples, it was reserved to the +bishop.--Examen ecclesiasticum, T. II, n. 601 (Venetiis, 1728). + +[233] Proceso contra el Dr. Pedro Mendizabal (MS. _penes me_). + +[234] Archivo hist. nacional, Inq. de Toledo, Leg. 228, n. 18. + +[235] Ibidem, Inq. de Valencia, Leg. 365, n. 46, fol. 32. + +[236] Berardi, _op. cit._, pp. 36-7. + +[237] Archivo de Simancas, Inq. de Logroño, Procesos de fe, Leg. 1. + +[238] Bibl. nacional, MSS., V, 377, cap. XXI, § 6. + +[239] Ibidem, cap. XX, § 3.--De Sousa, Aphorism. Lib. I, cap. xxxiv, n. +40.--Alberghini, Man. Qualificator. cap. xxxi, § 1, n. 19. + +[240] Archivo de Simancas, Inq., Lib. 1006, fol. 25. + +[241] Archivo hist. nacional, Inq. de Toledo, Leg. 227, n. 4. + +[242] Ibidem, Leg. 1. + +[243] Ibidem, Inq. de Valencia, Leg. 4, n. 2, fol. 79. + +[244] Archivo hist. nacional, Inq. de Toledo, Leg. 1; Inq. de Valencia, +Leg. 66. + +[245] Archivo de Simancas, Inq., Lib. 942, fol. 23; Leg. 1465, fol. 16. + +[246] Ibidem, Lib. 939, fol. 107; Lib. 942, fol. 38; Leg. 1465, fol. 16. + +[247] Archivo hist. nacional, Inq. de Valencia, Leg. 2, n. 16, fol. +264.--Archivo de Simancas, Inq., Lib. 942, fol. 52. + +[248] Archivo de Simancas, Inq., Leg. 1465, fol. 16. + +[249] Ibidem, Lib. 890. + +[250] Ibidem, Lib. 939, fol. 107; Lib. 941, fol. 2; Leg. 1465, fol. +16.--Archivo hist. nacional, Inq. de Valencia, Leg. 2, n. 16, fol. 254. + +[251] Archivo de Simancas, Inq., Lib. 939, fol. 107; Lib. 942, fol. 45; +Leg. 1465, fol. 16. + +[252] Páramo, p. 875. + +[253] Archivo de Simancas, Inq., Leg. 1465, fol. 16. + +[254] Ibidem, Lib. 939, fol. 342.--De Sousa, Opusc. circa Constit. +Pauli V, Tract. II, cap. 13, 21; Ejusd. Aphor. Inquis. Lib. 1, cap. +xxxiv, n. 64, 65.--Alberghini, Man. Qualif. cap. xxxi, § 2, n. 3, +4.--Bibl. nacional MSS., V, 377, cap. xx, 9.--Archivo hist. nacional, +Inq. de Valencia, Leg. 61; Inq. de Toledo, Leg. 498.--MSS. of Royal +Library of Copenhagen, 218^{b}, p. 423. + +[255] Archivo de Simancas, Inq., Lib. 876, fol. 208. + +[256] Bodoni Man. Consultorum, pp. 224, 232, 235.--Cf. Trimarchum pp. +288-92. + +[257] MSS. of Royal Library of Copenhagen, 218^{b}, pp. 386-7. + +[258] Cozza, _op. cit._, Dub. XIV. This is still the rule. See Concil. +Plenar. Americæ Latinæ, ann. 1899, Append, CXXXII, T. II, p. 761 (Romæ, +1900). + +[259] Archivo hist. nacional, Inq. de Valencia, Leg. 299. + +[260] Ibidem, Leg. 228, n. 24. + +[261] Archivo de Simancas, Inq., Leg. 1473 (Cartilla de Comisarios, §§ +ix, x).--Ibidem, Lib. 890, fol. 156. + +[262] Ibidem, Lib. 83, fol. 25. + +[263] MSS. of Bibl. nacional, de Lima, Protocolo 233, Exp^{te} 5270. + +[264] Archivo de Simancas, Inq., Leg. 1465, fol. 16. + +[265] Páramo, p. 879. + +[266] A Cunha, _op. cit._, Q. XXIII.--De Sousa, _op. cit._, Tract. II, +cap. 12. + +[267] Archivo de Simancas, Inq., Leg. 552, fol. 1. + +[268] Bibl. nacional, MSS., V, 377, cap. xx.--In modern practice, under +the regulations issued by the Roman Inquisitors, in 1867, a first and +a second denunciation only cause the accused to be watched and a third +one is necessary to justify action.--Berardi, p 126. + +[269] Archivo hist. nacional, Inq. de Valencia, Leg. 365. + +[270] Archivo de Simancas, Inq., Lib. 1002, fol. 2-4.--Archivo hist. +nacional, Inq. de Valencia, Leg. 66; Inq. de Toledo, Leg. 233, n. 108, +fol. 90, 97, 140, 181. + +[271] MSS. of Royal Library of Copenhagen 218^{b}, p. 264.--Archivo +hist. nacional, Inq. de Valencia, Leg. 9, n. 2, fol. 38. + +[272] Archivo de Simancas, Inq., Lib. 1002. + +[273] Ibidem, Leg. 1465, fol. 16. + +[274] Archivo de Simancas, Inq., Leg. 1465, fol. 16.--MSS. of Royal +Library of Copenhagen, 218^{b}, p. 265. + +[275] Archivo de Alcalá, Hacienda, Leg. 544^{3} (Lib. 4). + +[276] A Cunha, Q. XXIV.--De Sousa, Tract. II, cap. 16, 18, 21. + +[277] Archivo de Simancas, Inq., Leg. 552, fol. 6, 22, 23, 29. + +There was more wholesome severity in Rome. In 1626 the Congregation +of the Inquisition reserved to itself the designation of the penalty +(Collect. Decret. Sac. Congr. S. Officii, p. 397--MS. _penes me_). +Some ten years later Trimarchus (_op. cit._, pp. 302, 304) after +enumerating the punishments decreed by Gregory, adds that in practice, +if the culprit has only once solicited an ordinary woman, deprivation +of confessing suffices; if two, repeatedly, add suspension of priestly +functions and, for a regular, especially if there has been scandal, +perpetual reclusion in a convent or, for a secular, perpetual service +in a hospital. If the penitent solicited is a nun or the wife of a +magnate, or there are many women and much popular scandal, degradation +or the galleys. + +Although Gregory included relaxation, Benedict XIV (De Synodo +Dioecesana, Lib. IX, cap. vi, n. 7) says that in no case, however +aggravated, can it be found that relaxation had been inflicted, +and this is repeated by Fray Manuel de Nájera in his _Enchiridion +canonico-morale de Confess._ p. 161 (Mexico, 1764). + +[278] Bibl. national, MSS., V, 377, cap. xx. + +[279] Archivo hist. nacional, Inq. de Valencia, Leg. 290, fol. 80. + +[280] Ibidem, Inq. de Toledo, Leg. 229, n. 32. + +[281] Ibidem, Leg. 1. + +[282] Proceso contra Fray Estevan Ramoneda (MSS. of Am. Phil. Society). + +[283] Quia ex sola publica effusione seminis aut sanguinis humani +ecclesia polluitur.--Clericati de Virtute Pænitentice Decisiones, p. +214 (Vinetiis, 1706). + +[284] MSS. of Trinity College, Dublin, Class II, Vol. IV, pp. 63, +294.--Berardi, _op. cit._, p. 129.--Cf. Benedicti PP. XIV de Synodo +Dioecesana, Lib. VI, cap. xi, n. &. + +[285] MSS. of Library of Univ. of Halle, Yc, 20, T. I. + +[286] Ibidem, T. XI. + +[287] Bibl. nacional, MSS., V, 377, cap. XX, § 8. + +[288] Archivo de Simancas, Inq., Lib. 876, fol. 32. + +[289] Archivo hist. nacional, Inq. de Toledo, Leg. 231, n. 70. + +[290] MSS. of David Fergusson Esq. + +[291] Archivo hist. nacional, Inq. de Valencia, Leg. 365, n. 45, fol. +4-12. + +[292] MSS. of Royal Library of Copenhagen, 218^{b}, p. 387. + +[293] Archivo hist. nacional, Inq. de Valencia, Leg. 4, n. 2, fol. 79. + +[294] Archivo de Simancas, Inq., Lib. 1006. + +[295] Archivo hist. nacional, Inq. de Toledo, Leg. 227, n. 10; Leg. +228, n. 28. + +[296] Archivo de Simancas, Inq., Lib. 890. + +[297] Archivo de Simancas, Inq., Visitas de Barcelona, Leg. 15, fol. 5. + +[298] Llorente, Hist. crít., cap. XXVIII, art. 1, n. 17. + +[299] MSS. of Library of Univ. of Halle, Yc, 20, T. I. + +[300] The Dominican Maestro Alvarado, in his heated defence of the +Inquisition, in 1811, calls attention to the fact that, in its later +period, its penitents were largely ecclesiastics, because firstly their +theology exposed them to uttering compromising propositions; secondly, +"porque solos los clérigos y frailes son los que confiesan y todos +saben muy bien lo peligroso de este materia y los muchos que en él han +naufragado."--Cartas del Filosofo Rancio, I, 316 (Madrid, 1824). + +[301] Archivo hist. nacional, Inq. de Toledo, Leg. 1. + +[302] These statistics are compiled from various registers, covering +respectively portions of the period. There are some minor breaks, which +would increase the aggregate somewhat, but not materially. See Archivo +hist. nacional, Inq. de Toledo, Leg. 233, n. 108; Inq. de Valencia, +Leg. 66.--Archivo de Simancas, Libros 1002, 1003, 1004. + +There is perhaps some interest in recording the respective +responsibilities of the various classes and orders of the clergy for +these delinquents, as follows: + +Secular priests, canons etc 981 Franciscans, Conventual and Barefooted +552 Observantines 506 Capuchins 183 Recollects 56 Carmelites 355 +Dominicans 288 Augustinians 156 Trinitarians 144 Mercenarians 131 +Jesuits 92 Minims 69 Benedictines 35 Geronimites 30 San Pedro de +Alcántara 29 Clérigos Menores 20 Congr. of San Filippo Neri 20 +Bernardines (Cistercians) 20 Escuelas Pias 16 Basilians 16 S. Francisco +de Asis 5 N. Señora de la Vitoria 5 Order of Santiago 4 Order of +Calatrava 3 Theatins 3 Servites 3 Misioneros 2 Agonizantes 2 Hermits of +St. Paul 2 San Juan 2 Premonstratensians 2 Ex-Jesuits 2 Carthusians 1 +St. Ursula 1 San Diego 1 Not specified 38 + +The comparatively small number of Jesuits, who devoted themselves so +greatly to the confessional, is partly explicable by the expulsion of +the Society in 1767. + +[303] Puigblanch, La Inquisicion sin Mascara, pp. 422-5 (Cádiz, 1811). + +[304] Instruct. S. Inquis. Roman. 20 Feb. 1867 (Collect. Concil. +Lacens. III, 353).--Berardi, _op. cit._ + +[305] A priest, who could speak from experience, concisely described, +in 1820, the conditions produced by the system "En donde la doctrina +infernal de la delacion tenia en una habitual consternacion á las +familias y á los individuos que se correspondian con la mutua +desconfianza que inspiraba el continuo recelo de encontrar en amigo, +en el padre, en el hijo, en la esposa, un verdugo que armado con el +puñal del fanatismo religioso contribuyese á los asesinatos naturales +que solo Dios conosce y a los civiles que no son tan desconocidos."--P +Antonio Bernabeu, España venturosa, p. xvi (Madrid, 1820). + +[306] Theologians had a storehouse of epithets with which to +characterize the various classes of propositions. A few of the +more usual, with their significance, are given by Alberghini (Man. +Qualificator. cap. xii, n. 1-18) as follows:-- + +_Heretical_--one which is contrary to Catholic truth. + +_Erroneous_--that which does not directly contradict the faith, but +some conclusion evidently deducible from the faith. + +_Savoring of heresy_--not contradicting the faith by evident +consequence, but by very probable and morally certain consequence. + +_Ill-sounding_--that which has a double sense, one Catholic and the +other heretic, but usually accepted in the latter. + +_Rash_--that which is not governed by reason and lacks all authority. + +_Scandalous or offensive to pious ears_--that which gives occasion to +another to err, such as "heretics are to be tolerated and not to be +slain." + +_Schismatic or seditious_--tending to disrupt the unity of the Church. + +_Impious_--contrary to Catholic piety. + +_Insulting_--defamatory of some Christian profession or illustrious +person. + +_Blasphemous_--insulting to God. + +Simancas (Enchirid., Tit. xxiv) gives a similar list. Dandino (De +Suspectis de Hæresi, pp. 477-512) a more elaborate exposition. There +was no limit, however, to the vituperative vocabulary of the Church. +A choice collection of additional ones will be found in the bull +_Auctorem fidei_ of Pius VI (1794), condemning the Jansenist Council of +Pistoja. + +[307] MS. Memoria de diversos Autos, Auto 27, n. 10; Auto 37, n. 5 (See +Appendix to Vol. I). + +[308] Archivo hist. nacional, Inq. de Toledo, Leg. 112, n. 73. + +[309] D. Manuel Serrano y Sanz (Revista de Archivos, Abril, 1902, pp. +260-80). This Alvaro de Montalvan was father-in-law of Francisco de +Rojas, author of La Celestina, who was also a Converso. + +[310] Archivo de Simancas, Inq., Vistas de Barcelona, Leg. 15, fol. 9, +20. + +The utterance of Clemenza Paresa seems to have been a popular saying. +In 1572 Rodríguez Rúiz was penanced for it in the Canaries.--Ibidem, +Canarias, Exp^{tes} de Visitas, Leg. 250, Lib. 3, fol. 8. + +[311] Archivo de Simancas, Inq., Canarias, Exp^{tes} de Visitas, Lib. +3, fol. 16-17. + +[312] Archivo hist. nacional, Inq. de Valencia, Leg. 30. + +[313] Rojas de Hæret. P. I, n. 2, 67, 96; P. II, n. 310-13. + +[314] Archivo hist. nacional, Inq. de Valencia, Leg. 299, fol. 80. + +[315] MSS. of the Library of Univ. of Halle, Yc, 20, T. I. + +[316] Elucidationes S. Officii, § 36 (Archivo de Alcalá, Hacienda, Leg. +544^{2}, Lib. 4). + +[317] C. Trident Sess. XXIV, De Statu Matrimonii, can. 10.--"Si quis +dixerit statum conjugalem anteponendum esse statui virginitatis vel +coelibatus et non esse melius ac beatius manere in virginitate aut +coelibatu quam jungi matrimonio: anathema sit." + +[318] MSS. of Library of Univ. of Halle, Yc, 20, T. I. + +[319] Archivo hist. nacional, Inq. de Valencia, Leg. 299, fol. 80. + +[320] Archivo de Simancas, Inq., Lib. 926, fol. 25. + +[321] Bibl. nacional, MSS., V, 377, cap. 2. + +[322] S. Antonini Confessionale. + +[323] Archivo de Simancas, Hacienda, Leg. 25, fol. 3. + +[324] Ibidem, Inq., Sala 40, Lib. 4, fol. 264. + +[325] Schäfer, Beiträge, II, 324. + +[326] Archivo de Simancas, Inq., Leg. 787. + +[327] Ibidem, Lib. 82, fol. 228; Lib. 939, fol. 108; Lib. 942, fol. +38.--MSS. of Royal Library of Copenhagen, 218^{b}, p. 168. + +[328] Bibl. nacional, MSS., S, 121, fol. 54.--Archivo de Simancas, +Inq., Leg. 1157, fol. 155. + +[329] MSS. of Library of Univ. of Halle, Yc, 20, T. I. + +[330] Bibl. nacional, MSS., PV, 3, n. 20.--Archivo hist. nacional, Inq. +de Valencia, Leg. 99; Leg. 2, n. 10. + +[331] Archivo de Simancas, Inq., Lib. 939, fol. 342; Leg. 552, fol. +1.--MSS. of Royal Library of Copenhagen, 218^{b}, p. 260. + +[332] Archivo de Simancas, Inq., Lib. 926, fol. 25; Lib. 1002.--Archivo +hist. nacional, Inq. de Toledo, Leg. 1.--MS. _penes me._ + +[333] Hurter, Nomenclator Theologiæ Catholicæ, I, 158.--Nic. Antonii +Bibl nova, a.v. _Ludovicus de Leon._--Greg. Mayans y Siscar, Vida del +M. Luis de Leon, n. 37.--Ticknor, History of Spanish Literature, II, +87, 89 (Ed 1864). + +There is considerable literature on the subject of Fray Luis's troubles +with the Inquisition. The records of his first trial, omitting +superfluities, occupy 925 pages in Vols. X and XI of the _Coleccion +de Documentos inéditos_. His second trial has more recently seen +the light, with an introduction by Padre Francisco Blanco García, +Madrid, 1896. _Fray Luis de Leon. Eine Biographie aus der Geschichte +der spanischen Inquisition u. Kirche_ (Halle, 1866) by Dr. C. A. +Wilkens is an eloquent and sympathetic account of his career, while +Dr. Fr. Heinrich Reusch's _Luis de Leon u. der spanische Inquisition_ +(Bonn, 1873) is a scholarly investigation of the case, in so far +as documents accessible at the time would permit. The Lic. Arango +y Escandon has contributed the _Proceso del P. M. Luis de Leon_ +(Mexico, 1856, revised and enlarged in 1866), in which he justifies +both the Inquisition and the sufferer. The latest contribution to +the subject, based on additional documents, is by the Dominican Fray +Luis G. Alonso Getino, in the _Revista de Archivos_ (1903-4) in +justification of the Inquisition. Padre Blanco has also written an +_Estúdio biográfico-critico de Fr. Luis de Leon_, which I have not had +an opportunity of consulting. The old rivalry between Dominicans and +Augustinians seems to be still alive. + +[334] Azpilcueta Comment. Cap. _Si quis autem_, n. 44-47.--Coleccion de +Documentos, X, 193; XI, 276. + +[335] Coleccion, X, 261; XI, 256, 259. + +[336] C. Trident. Sess. IV, De Edit. et Usu SS. Libb. + +[337] Coleccion, X, 115, 129. + +[338] Ibidem, X, 102, sqq. + +[339] Coleccion, X, 96-110. + +[340] Ibidem, X, 179. + +[341] Ibidem, X, 206-8. + +[342] Coleccion, X, 249; XI, 255-84. + +[343] There is no record of this in the process, but Fray Luis refers +to it repeatedly both to the tribunal and to the Suprema, and there is +no disclaimer.--Coleccion, XI, 48, 190, 196. + +[344] Coleccion, X, 562-7; XI, 7-18, 21-128. + +[345] Ibidem, XI, 164-86. + +[346] Coleccion, XI, 187-253. + +[347] Ibidem, XI, 351-3. + +[348] Coleccion, XI, 353-8.--Fray Luis attributed this unexpected mercy +to the influence of Inquisitor-general Quiroga, to whom, in 1580, he +dedicated his Exposition of the XXVI Psalm, with warm expressions of +gratitude.--García, Segundo Proceso, p. 17. + +[349] Coleccion, XI, 147. + +[350] Coleccion, XI, 50, 52. + +[351] Ibidem, XI, 188, 193-4. + +[352] Ibidem, XI, 196-8. + +[353] Reusch, 113-14.--Arango y Escandon, p. 91.--Padre Alonso Getino +(Revista de Archivos, Agosto-Sept., 1903) promises to give us an +account of the trial of Martínez who was obliged to abjure _de levi_ +(Menéndez y Pelayo, II, 693). + +Leon de Castro varied his persecution of Luis de Leon, Grajal and +Martínez, by attacking the great Biblia Regia, which Arias Montano, +the most learned Spaniard of the age, edited at the instance and with +the support of Philip II. After its appearance with the approbation of +the Holy See, de Castro, in 1575, in his zeal for the Vulgate, filled +Spain, Flanders and Italy with denunciations of it and its editor. +Montano, who was in Flanders, hastened to Spain by way of Italy to +defend himself, but, finding much agitation on the subject in Rome, +tarried there and wrote to Quiroga to protect him--an appeal which he +repeated in 1579. He was not prosecuted, but the Inquisition fell foul +of his biblical commentaries and placed on the Index a long list of +expurgations, besides condemning some of his propositions--fortunately +for him long after his death.--Coleccion de Documentos, XLI, 316, 321, +328, 387.--Index of Zapata, 1632, pp. 86-89. + +[354] García, Segundo Proceso, pp. 20-23, 29-30. + +[355] Ibidem, pp. 20-1, 26-7, 44. + +[356] García, pp. 28-35. + +[357] Ibidem, pp. 52-4. + +[358] Ibidem, p. 53. + +[359] The existing records of the trials of Sánchez are printed in Vol. +II of the "Coleccion de Documentos inéditos." + +The only one of his works which I have had an opportunity of examining +is his "Minerva" (Salmanticæ, 1587), which sufficiently illustrates his +capacity of enlivening the details of etymology and syntax with his +caustic assertion of superior knowledge. + +[360] Coleccion, II, 1-37. + +[361] Ibidem, II, 40-45. + +[362] Coleccion, II, 40-58. + +[363] Coleccion, II, 57-88. + +[364] Ibidem, II, 89-109. + +[365] Coleccion, II, 109-26. + +[366] Ibidem, II, 127-8. + +[367] Ibidem, II 130-5. + +[368] Coleccion, II, 136-65. + +[369] Proceso contra Fray Joseph de Sigüenza (MSS. of Library of Univ. +of Halle, Yc, 20, T. IV). + +[370] Archivo de Simancas, Inq., Leg. 552, fol. 1. + +[371] MSS. of Library of Univ. of Halle, Yc, 20, T. I. + +[372] Modo de Proceder, fol. 67 (Bibl. nacional, MSS., D, 122). + +[373] Archivo hist. nacional, Inq., Leg. 1. + +[374] Archivo hist. nacional, Inq. de Valencia, Leg. 45, fol. 13-33. + +[375] MSS. of Am. Philosophical Society. + +[376] Archivo hist. nacional, Inq. de Valencia, Leg. 100. + +[377] Archivo hist. nacional, Inq. de Valencia, Leg. 100. + +[378] Archivo de Simancas, Inq., Lib. 890; Lib. 435^{2}. + +[379] Ibidem, Lib. 890. + +[380] Mariana, Hist. de España, Lib. VI, n. 75.--José Amador de los +Rios (Revista de España, XVII, 388). + +[381] Flores de las Leyes (Memorial hist. español, II, 243). + +[382] Partidas, P. VII, Tit. ix, ley 17; Tit. xxiii, leyes 1, 2, 3. + +[383] Amador de los Rios, _op. cit._, XVII, 382, 384-5. + +[384] Ibidem, XVIII, 14. + +[385] Flores, España Sagrada, XLIX, 188, 504. + +[386] Astesani de Ast Summa de Casibus Conscientiæ, P. I, Lib. i, Tit. +14. + +[387] Raynald. Annal, ann. 1317, n. 52-4; ann. 1318, n. 57; ann. 1320, +n. 51; ann. 1327, n. 43.--Bullar. Roman. I, 204.--Ripoll, Bullar. Ord. +Prædic. II, 192. + +[388] Ordenanzas Reales, VIII, iv, 2. + +[389] Ibidem, VIII, i, 9. + +[390] Novis. Recop. Lib. XII, Tit. iv, ley 2. + +[391] Tratados de Legislacion Muhamedana, pp. 143, 251 (Mem. hist. +español, Tom. V).--Bleda, Corónica, p. 1025. + +[392] Villanueva, Viage Literario, XX, 190.--Eymerici Director, p. 202 +(Ed. Venet. 1607). + +[393] Pulgar, Cronica, P. II, cap. iv. + +[394] Nueva Recop., Lib. VIII, Tit. iii, ley 7. + +[395] Archivo de Simancas, Inq., Lib. 3, fol. 156, 158, 170, 186; Lib. +927, fol. 446. + +The parties in this case were doubtless García de Gorualan and Martin +de Sória relaxed in person, and Miguel Sánchez de Romeral in effigy, +as _hérejes sortilegos_, June 16, 1511, at Saragossa.--Libro Verde +(Revista de España, CVI, 576, 581, 582). Prior to this several women +had been burnt as witches, as we shall see hereafter. + +[396] Pragmáticas y altres Drets de Cathalunya, Lib. I, Tit. viii, cap. +i, § 34; cap. 2. + +[397] Archivo de Simancas, Inq., Lib. 918, fol. 382. + +[398] Libro Verde de Aragon (Revista de España, CVI, pp. 575, 582). + +[399] Llorente, Hist. crít. cap. XV, Art. 1, n. 21. + +[400] Reprovacion de las Supersticiones, P. I, cap. i, n. 14. + +This book is the Spanish classic on the subject. Maestro Pedro Ciruelo +served as inquisitor in Saragossa for thirty years and was professor at +Alcalá. His work appeared in Salamanca, in 1539, where it was reprinted +in 1540 and 1556 and again in Barcelona in 1628, with notes by the +learned Doctor Pedro Antonio Jofreu, at the instance of Miguel Santos, +Bishop of Solsona. + +[401] Raynald. Annal., ann. 1258, n. 23.--Potthast, Regesta, n. 17,745, +18,396.--Lib. V in Sexto, Tit. ii, c. 8 § 4. + +[402] D'Argentré, Collect. judic. de novis Erroribus, I, II, 154. + +[403] Bernardi Basin Tract. de Artibus magicis, Concl. I-X. + +[404] Repertor. Inquisit. s. v. _Sapere hæresim_ post v. +_Hæresiarcha_--Pegnæ Comment. LXVII in Eymerici Director. P. II. + +[405] Ripoll, Bullar. Ord. Prædic., III, 301.--Cf. Alph. de Castro de +justa Hæreticor. Punitione, Lib. I, cap. 13. + +[406] Simancæ de Cath. Institt., Tit. XXX, n. 20, 21; Tit. LXIII, n. +12.--Cf. Alphons. de Castro, _loc. cit._, cap. 14, 15. + +[407] Bibl. pública de Toledo, Sala 5, Estante 11, Tab. 3.--Archivo de +Simancas, Inq., Visitas de Barcelona, Leg. 15, fol. 20. + +[408] Archivo de Simancas, Inq., Lib. 726. + +[409] Bibl. nacional, MSS., PV, 3, n. 20. + +[410] MSS. of Library of Univ of Halle, Yc, 20, T. I.--Catálogo de las +causas seguidas ante el tribunal de Toledo, pp. 84, 326 (Madrid, 1903). + +Mendo tells us (Epitome Opinionum Moralium, Append. de Matrimonio, n. +4) of similar cases in which the unfortunates were burnt. + +[411] Torreblanca, Epitome Delictorum sive de Magia, Lib. II, cap. ix. + +The first edition of this work appeared in Seville, in 1618. My copy is +of Lyons, 1678. + +[412] Th. Sanchez in Præcepta Decalogi Lib. II, cap. xl, n. 13. + +[413] Pegnæ Append. in Eymerici Director., p. 142. + +[414] Bulario de la Orden de Santiago, Lib. IV, fol. 118, 124, 137; +Lib. V, _passim_.--Archivo de Simancas, Gracia y Justicia, Leg. 629. + +The clause reads--"necnon de hæresi seu apostasia de fide suspectos, +sortilegia manifestam hæresim sapientia, divinationes et incantationes +aliaque diabolica maleficia et prestigia committentes, aut magicas +et necromanticas artes exercentes, illorumque credentes, sequaces, +defensores, fautores et receptatores.... per te vel alium seu alios +prout juris fuerit inquirendi, procedendi et exequi seu inquiri, +procedi et exequi faciendi." + +[415] Torreblanca, Lib. III, cap. ix, Append.; Defensa, cap. ii, p. +536.--Archivo hist. nacional, Inq. de Valencia, Leg. 299, fol. 80. + +The bull, however, was not received in Valencia until 1616.--Ibidem, +Leg. 6, n. 2, fol. 56. + +[416] Torreblanca, cap. IX, n. 25-26. + +[417] Nueva Recop., Lib. VIII, Tit. iii, ley 8.--Novís. Recop., Lib. +XII, Tit. V, ley 2. + +[418] MSS. of Library of Univ. of Halle, Yc, 20, T. I. + +[419] Archivo de Simancas, Inq., Leg. 552, fol. 37. + +[420] Ibidem, Lib. 52, fol. 48. + +[421] Archivo hist. nacional, Inq. de Valencia, Leg. 1, n. 3, fol. +14-15. + +[422] Reprovacion de las Supersticiones, P. II, Cap. iii. + +[423] De Cath. Institt. Tit. XXI, n. 9; Tit. LXIII, n. 7. + +[424] Reusch, Die Indices, pp. 217, 225, 227, 236, 239.--The two +prohibited books are _Arcandam de nativitatibus seu fatalis dies_ and +_Johannes Schonerus de nativitatibus_. + +[425] Córtes de Cordova del año de setenta, Peticion 71 (Alcalá, 1575). + +[426] Archivo de Simancas, Inq., Leg. 1157, fol. 17-20. + +[427] Index of Quiroga, Rule IX (Madriti, 1583, fol. 4). + +[428] Zanctornato, Relatione della Corte di Spagna, pp. 6, 7 +(Cosmopoli, 1678). + +[429] Bibl. nacional, MSS., V, 377, cap. xiv, § 1. + +[430] Ibidem, D, 118, p. 148. + +[431] Archivo hist. nacional, Inq. de Toledo, Leg. 1. + +[432] Ibidem, Inq. de Valencia, Leg. 100.--Cf. Bedæ Opera, Ed. Migne, +I, 963-66. + +[433] Praxis procedendi, cap. xviii, n. 3 (Archivo hist. nacional, Inq. +de Valencia).--Bibl. nacional, MSS., S, 294, fol. 116. + +[434] Proceso contra Isabel de Montoya (MS. _penes me_). + +[435] Praxis procedendi, cap. VIII, n. 5 (Archivo hist. nacional, Inq. +de Valencia). + +[436] MSS. of Royal Library of Copenhagen, 218^{b}, p. 382. + +[437] Matute y Luquin, pp. 84-105. + +[438] Royal Library of Berlin, Qt. 9548. + +[439] Reprovacion de las Supersticiones, P. I, cap. ii; P. II, cap. i; +P. III, cap. v. + +[440] Epitome Delictorum, Lib. III, cap. i, n. 1-6. + +[441] Miguel Calvo (Archivo de Alcalá, Hacienda, Leg. 544^{2}, Lib. +4).--Elucidationes Sancti Officii, §§ 40, 43 (Ibidem). + +[442] Archivo hist. nacional., Inq. de Valencia, Leg. 2, n. 7, fol. 4, +7;n. 10, fol. 10-13. + +[443] Archivo de Simancas, Inq., Leg. 552, fol. 11, 13. + +[444] Ibidem, fol. 26, 28, 29. + +[445] Archivo hist. nacional, Inq. de Toledo, Leg. 2. + +[446] MSS. of Bibl. nacional de Lima. + +[447] MSS. of David Fergusson Esq. + +[448] Regimento do Santo Officio da Inquisição pelo Cardeal da Cunha, +pp. 118-20, 123-7. + +[449] Llorente, Anales, II, 270. + +[450] Archivo hist. nacional, Inq. de Valencia, Leg. 100. + +[451] Proceso contra Rosa Conejos (MS. _penes me_). + +[452] Archivo de Simancas, Inq., Lib. 890. + +[453] Archivo hist. nacional, Inq., de Valencia, Leg. 100. + +[454] Archivo de Simancas, Inq., Lib. 890; Lib. 559. + +[455] MSS. of Library of Univ. of Halle, Yc, 20, T. I.--Archivo hist. +nacional, Inq. de Toledo, Leg. 1. + +[456] Royal Library of Berlin, Qt. 9548.--Matute y Luquin, pp. 278-92. + +[457] Archivo hist. nacional, Inq. de Valencia, Leg. 100. + +[458] Amador de los Rios (Revista de España, XVIII, 338-40). See also +Menéndez y Pelayo, Heterodoxos Españoles, I, 237. + +[459] P. Ricardo Cappa, La Inquisicion española, p. 242 (Madrid, 1888). + +Father Cappa only enunciates the belief still taught by the Church. +See S. Alph. Liguori, _Theol. Moralis_, Lib. III, Dub. V, and Marc, +_Institutiones Morales Alphonsianæ_, I, 396-7 (Romæ, 1893). + +[460] The earliest appearance of the Sabbat in inquisitorial records +would seem to be in some trials, between 1330 and 1340 in Carcassonne +and Toulouse, where it connects itself curiously with remnants of +the Dualism of the Cathari.--Hansen, Zauberwahn, Inquisition und +Hexenprozess im Mittelalter, p. 315 (München, 1900). + +[461] Raynald. Annal., ann. 1437, n. 27; ann. 1457, n. 90; ann. 1459, +n. 30.--Ripoll, Bullar. Ord. Prædic. III, 193.--Bullar. Roman. I, +429.--Septimi Decretal, Lib. V, Tit. xii, cap. 1, 3, 6.--Bart. Spinæi +de Strigibus, p. 14(Romæ, 1576). + +[462] Frag. Capitular. cap. 13 (Baluze, II, 365).--Reginon. de Eccles. +Discip. II, 364.--Burchard. Decret. XI, i; XIX, 5.--Ivon. Decret., XI, +30.--Gratian. Decret. II, XXVI, V, 12. + +[463] S. Antonini Confessionale.--Angeli de Clavasio Summa Angelica, +s. v. _Interrogationes_.--Bart. de Chaimis Interrogatorium, fol. 22 +(Venetiis, 1480). + +[464] Hansen, Quellen und Untersuchungen, zur Geschichte des Hexenwahns +und der Hexenverfolgung im Mittelalter, pp. 105-9 (Bonn, 1901). + +[465] Fortalicium Fidei, Lib. V, Consid. X.--Hansen, _op. cit._, pp. +113-17. + +[466] Martini de Arles, Tractatus de Superstitionibus, pp. 362-5, +413-15 (Francofurti ad Moenam, 1581). + +Hansen (_op. cit._, p. 308) says that Martin of Aries is known only +through this tract, of which the first edition is of 1517. Martin +cites no authority later than John Nider, who died in 1438, and makes +no allusion to the Inquisition, which he could scarce have failed to +do had it been in existence when he wrote. His work may probably be +assigned to the third quarter of the fifteenth century. + +[467] Bernardi Basin, Tract. de Magicis Artibus, Prop. IX. + +[468] Repert, Inquisitor, s. v. _Xorguinæ_. + +[469] Alonso de Spina, however (_loc. cit._), knows of no gatherings at +the Sabbat nearer than Dauphiny and Gascony, and these he learned from +paintings of them in the Inquisition at Toulouse, which had burnt many +of those concerned. + +[470] Libro Verde de Aragon (Revista de España, CVI, 573-6, 581-3). + +[471] Llorente, Añales, I, 340; Hist. crít., cap. XXXVII, art. ii, n. +41. + +[472] Archivo de Simancas, Inq., Lib. 72, P. I, fol. 120; P. II, fol. +50. + +[473] Arn. Albertini de agnoscendis Assertionibus, Q. XXIV, n. 13 +(Romæ, 1572, fol. 114). + +[474] Archivo de Simancas, Inq., Lib. 73, fol. 215. + +[475] MSS. of Bodleian Library, Arch Seld. 130. + +[476] For the inhuman methods employed to secure confession and +conviction, on the flimsiest evidence, see the very instructive essay +"The Fate of Dietrich Flade" by Professor George Burr (New York, 1891), +reprinted from the Transactions of the American Historical Association. + +[477] Mallei Malificar, P. I, Q. xiv; P. II, Q. i, C. 3, 16.--Prieriat. +de Strigimagarum Lib. III, cap. 3. + +The rule that the heretic or apostate who confessed and recanted was +to be admitted to reconciliation was at the bottom of the anxiety of +the secular magistrates to maintain their jurisdiction over witchcraft, +and the relations between them and the Inquisition were the subject of +much debate. Arn. Albertino argues that the Inquisition can make no +distinction between witches who have and who have not committed murder; +they must all be reconciled, but can again be accused of homicide +before a competent judge; yet the inquisitor, to escape irregularity, +must not transmit to the secular court the confessions and evidence, +nor must he, in the sentences, mention these crimes, as that would be +setting the judge on the track.--De agnosc. Assertionibus, Q. XXIV, n. +28, 66, 67, 68, 70, 72, 75. + +[478] MSS. of Bodleian Library, Arch Seld. 130.--Archivo de Simancas, +Inq., Lib. 78, fol. 216. + +[479] Bibl. national, MSS., II, 88.--MSS. of Bodleian Library, Arch +Seld. 130. + +This document may safely be assumed as the source from which Prudencio +de Sandoval, himself Bishop of Pampeluna and historiographer of Charles +V, drew his account of the persecution of 1527 (Hist. del Emp. Carlos +V, Lib. XVI, § 15) copied by Llorente (Hist. crít., cap. XV, art. 1, n. +6-9). + +[480] Archivo de Simancas, Inq., Lib. 76, fol. 51, 53. + +There seems to have been a somewhat earlier persecution of the witches +of Biscay by Fray Juan de Zumarraga, a native of Durango. At the +suggestion of Charles V, who greatly admired him, he was sent there +for that purpose as commissioner of the Inquisition, being specially +qualified by his knowledge of the language. After discharging this +duty with much ability, Charles, in 1528, sent him to Mexico as its +first bishop. He took with him Fray Andrés de Olmos, who had been his +assistant in Biscay. In 1548, at the age of 80 he died in the odor of +sanctity and his death was miraculously known the same day over all +Mexico.--Mendieta, Hist. ecles. Indiana, pp. 629, 636, 644 (Mexico, +1870) + +[481] Archivo de Simancas, Inq., Lib. 939, fol. 108. + +[482] Archivo de Simancas, Inq., Lib. 76, fol. 369. + +[483] Ibidem, fol. 388. + +[484] Arn. Albertini de agnosc. Assertionibus, Q. XXIV.--Alph. de +Castro de justa hæreticor. Punitione, Lib. I, cap. xvi. + +[485] Archivo de Simancas, Inq., Lib. 78, fol. 144. + +[486] Archivo de Simancas, Inq., Sala 40, Lib. 4, fol. 191-5. + +[487] Ibidem, Lib. 78, fol. 215-17, 226, 258. + +[488] Reprovacion de las Supersticiones, P. I, cap. ii, n. 6; P. II, +cap. i, n. 5-7. + +[489] De Cath. Institt., Tit. XXXVII, n. 6-12. + +On the other hand Azpilcueta adheres to the theory of illusion and +asserts it to be a mortal sin to believe that witches are transported +to the Sabbat.--Manuale Confessariorum, cap. XI, n. 38. + +Cardinal Toletus asserts the bodily transport of witches and all the +horrors of the Sabbat, but adds that sometimes it is imaginary. Demons +have power to introduce witches into houses through closed doors, where +they slay infants.--Summæ Casuum Conscientiæ, Lib. IV, cap. XV. + +[490] MSS. of Library of Univ. of Halle, Yc, 20, T. I.--This case is +not unexampled. In 1686, Sor Teresa Gabriel de Vargas, a Bernardine +Recollect, charged herself with the same crime before the Madrid +tribunal, but, as she added the denial of the power of God, she was +reconciled for the heresy.--Archivo de Simancas, Inq., Lib. 1024, fol. +31. + +Even more significant is the case of Sor Rosa de San Joseph Barrios, +a Clare of the convent of San Diego, Garachico, Canaries, a woman +of 25 who, in July 1773, in sacramental confession to Fray Nicolás +Peraza, related how, through desire to gratify her lust, she had given +herself to Satan, in a writing which disappeared from her hand, and +at his command had renounced God and the Virgin and had treated the +consecrated host and a crucifix with the foulest indignities. In reward +for this during four years he had served her as an incubus, coming at +her call about twice a month. Fray Peraza applied to the tribunal for +a commission to absolve her which was granted and, on August 15th, he +reported having done so, with fuller details as to her apostasy. The +tribunal then decided that he had exceeded his powers; it evidently did +not regard the case as hallucination for it required her to be formally +reconciled and prescribed a course of life-long spiritual penance, +which she gratefully accepted. An incident not readily explicable +is that the bishop deprived Fray Peraza of the faculty of hearing +confessions.--Birch, Catalogue of MSS. of the Inquisition in the Canary +Islands, I, p. 21; II, pp. 922-30. + +[491] Archivo de Simancas, Inq., Lib. 927, fol. 462. + +[492] Archivo de Simancas, Inq., Lib. 79, fol. 226; Inq. de Logroño, +Procesos de fe, Leg. 1, n. 8; Sala 40, Lib. 4, fol. 221. + +[493] Archivo de Simancas, Patronato Real, Leg. único, fol. 86, 87; +Inq., Lib. 83, fol. 7. + +[494] Ibidem, Lib. 83, fol. 1. + +[495] MSS. of Library of University of Halle, Yc, 20, T. I.--Bibl. +nacional, MSS., D, 111, fol. 127.--See Appendix. + +[496] Archivo de Simancas, Inq., Visitas de Barcelona, Leg. 15, fol. 5. + +[497] Archivo de Simancas, Inq. de Logroño, Leg. 1, Procesos de fe, n. +8. + +[498] Ibidem, Leg. 1, Procesos de fe, n. 8; Lib. 19, fol. 85. + +[499] Archivo de Simancas, Inq., Lib. 19, fol. 85. + +[500] Archivo de Simancas, Inq., Lib. 564, fol. 341, 343. + +[501] A narrative, not an official report, of this auto was printed in +Logroño in 1611, a copy of which is in the Bibl. nacional, D, 118, p. +271. It was reprinted in Cádiz in 1812 and again in Madrid, in 1820, +with notes by Moratin el hijo under the pseudonym of the Bachiller +Gines de Posadilla (Menéndez y Pelayo, III, 281). There is another +abstract of the auto, compiled from various relations by Pedro of +Valencia, in the MSS. of the Bodleian Library, Arch Seld. A, Subt. 10. + +Pierre de Lancre of Bordeaux, in his contemporary book on witchcraft, +assumes that the outbreak in Navarre was caused by the flight of +witches from the Pays de Labour, which he and his colleague had +purified with merciless severity. He comments on the difference shown, +in the auto of Logroño, between inquisitorial practice in Spain, +where the offence was treated as spiritual and those who confessed +and professed repentance were admitted to reconciliation, and that of +France where it was a crime and those who confessed were burnt by the +secular authorities.--Pierre de Lancre, Tableau de l'Inconstance des +mauvais Angels et Demons, pp. 391, 561-2 (Paris, 1613). + +[502] Archivo de Simancas, Inq. de Logroño, Leg. 1, Procesos de fe, n. +8. + +[503] This discourse was not printed but was circulated in MS. Nicholas +Antonio had two copies (Bib. nova, II, 244). There is one in the +Simancas archives, Lib. 939, fol. 608, and another in the Bodleian +Library. Arch Seld. A, Subt. 10. + +[504] The most prolific source of evidence against individuals was that +obtained by requiring those who confessed to enumerate the persons whom +they had seen in the aquelarres. This explains the enormous numbers +of the accused during epidemics of the witchcraft craze. The value of +such evidence was a disputed question, as it was argued that the demon +frequently caused deception by making spectres appear in the guise of +absent persons. + +[505] Archivo de Simancas, Inq. de Logroño, Leg. 1, Procesos de fe, n. +8. + +In the Royal Library of Copenhagen (MS. 218^{b}, p. 379) there is a +printed four-page set of instructions to commissioners on receiving +confession and testimony as to witchcraft. It is in conformity with the +above, but goes into much detail as to the interrogatories to be put, +after carefully writing down the confession or deposition--a kind of +cross-examination evidently suggestive of complete incredulity. It is +without date, but the typography seems to be that of the seventeenth +century. + +[506] Archivo de Simancas, Inq., Lib. 30, fol. 1. + +[507] Archivo de Simancas, Inq., Leg. 552, fol 1. + +[508] Archivo de Simancas, Inq., Leg. 552, fol. 26, 28. + +[509] Epitome Delictorum, Lib. II, cap. xxviii, xxxix, xl; Lib. III, +cap. xiii. + +[510] Ibidem, Defensa, p. 517; cap. ii, n. 4, 7. + +[511] Reprovacion de las Supersticiones, pp. 251-63 (Ed. 1628). + +[512] Manuale Qualificatorum, cap. xviii, Sect 3, § 9. + +[513] Bibl. nacional, MSS., V, 377, cap. xiii, §§ 1, 2. + +[514] MSS. of Library of Univ. of Halle, Yc, 17. + +[515] Elucidationes S. Officii, § 42 (Archivo de Alcalá, Hacienda, Leg. +544^{2}, Lib. 4). + +[516] Archivo de Simancas, Inq., Leg. 552. + +[517] Archivo hist. nacional, Inq. de Toledo, Leg. 1.--Royal Library of +Berlin, Qt. 9548. + +[518] Archivo hist. nacional, Inq. de Valencia, Leg. 390. + +[519] Ibidem, Leg. 365, n. 45, fol. 34. + +[520] Ibidem, Leg. 100. + +It is asserted by some writers that a woman was burnt as a witch +at Seville in 1780, but this is an erroneous reference to María de +Dolores, relaxed there in 1780 for Molinism (_supra_, p. 89). + +[521] Cartas del Filósofo rancio, II, 493. + +[522] The sentence is printed by Frère Michaelis, at the end of his +_Pneumatologie_ (Paris, 1587). + +[523] Ragguaglio su la Sentenza di Morte in Salesburgo, p. 173(Venezia, +1751). + +[524] Collect. Decret. S. Congr. S^{ti} Inquisit., p. 333 (MS. _penes +me_).--Decret. S. Congr. S. Inquisit. pp. 385-88 (Bibl. del R. Archivio +di Stato in Roma, Fondo Camerale, Congr. del S. Officio, Vol. 3). + +The inquisitor of Milan took no part in the trials of those accused +of causing and spreading the terrible pestilence of 1630, by the use +of unguents and powders furnished by the demon. His only act was to +return a negative answer to the question whether it was licit to employ +diabolic arts to save the city. The reckless prosecutions and savage +punishments were wholly the work of the civil magistracy.--Processo +originale degli Untori (Milano, 1839). + +The pestilence did not extend to Spain, but the panic did, leading +to the most extravagant precautions against all foreigners.--MSS. of +Bodleian Library, Arch Seld. A, Subt. 11. + +[525] Decret. S. Congr. S. Inquis., _ubi sup._ + +[526] Decret. S. Congr. S. Inquis., _ubi sup._ + +[527] Gregor. PP. XV, Const. _Omnipotentis Dei_, 20 Mart. 1623 (Bullar. +Roman., III, 498). + +Urban VIII was equally savage in 1631, in ordering relaxation for any +one who should consult diviners or astrologers about the state of the +Christian Republic, or the life of the pope or of any of his kindred to +the third degree (Bullar. IV, 184). + +It was probably under this that the Inquisition, in 1634, relaxed +Giacinto Centini and two of his accomplices and condemned four others +to the galleys. He was nephew of the Cardinal of Ascoli, and procured +from a diviner a forecast that Urban would die in a few years and would +be succeeded by his uncle. To hasten accomplishment, figurines of wax +were made representing Urban and were melted. Centini, as a noble, was +beheaded and his two most guilty accomplices were hanged, before being +burnt.--Royal Library of Munich, Cod. Ital. 29, fol. 104-18. + +[528] Instructio pro formandis processibus in causis Strygum, cum +Carenæ Annotationibus (Carenæ Tract. de Off. SS. Inquisit., Lugduni, +1669, pp. 487 sqq). Carena's comments show how differently these cases +were treated in Italy from the practice beyond the Alps. + +See also Masini's rule forbidding action on the denunciation of those +seen in the Sabbat.--Sacro Arsenale, Decima Parte, n. 141. + +[529] Ristretto circa li Delitti più frequenti nel S. Offizio, pp. 57-9 +(MS. _penes me_). + +[530] Casus Conscientiæ Benedicti XIV, Dec. 1743, Cas. iii (Ferrariæ, +1764, p. 155).--De Servorum Dei Beatificatione, Lib. IV, P. i, cap. 3, +n. 3. + +[531] S. Alphonsi Liguori Theol. Moralis, Lib. III, n. 26. + +[532] Nic. Remigii Demonolatreiæ Libri Tres. Colon. Agrip. 1596. + +[533] G. Plitt Henke in Realencyclopädie, VI, 97. + +[534] Pierre de Lancre, Tableau de l'inconstance des mauvais Anges, pp. +114, 119 (Paris, 1613). + +De Lancre was a learned conseiller of the Parlement of Bordeaux and +his colleague on the commission was the President d' Espaignet. It +is instructive to observe that while he was drawing up his terrific +relation of the manner in which they had intensified the witchcraft +craze, until the churches at night would be filled with children +brought there by their mothers to prevent their being carried off to +the aquellares (p. 193), Inquisitor Salazar, on the other side of the +Pyrenees, was extinguishing it by simple rational treatment. + +[535] Rogers, Scotland, Social and Domestic, p. 302. (London, 1869). + +[536] Commentaries, IV, 60 (Oxford, 1775). + +[537] Lettres à un Gentilhomme Russe, Let. I.--"L'Inquisition est un +instrument purement royal; it est tout entier en la main du roi, et +jamais il ne peut nuire que par la faute des ministres du prince." + +[538] "Sie ist kein kirchliches, sondern ein Staats institut, +theilweise mit kirchlichen Formen." (Gams, Die Kirchengeschichte +von Spanien, Buch XIII, Kap. 1, § 3.) "Das neue Herrscherpaar ... +gestaltete die Inquisition zu einem wichtigen Staatsinstitut." +(Hergenrother, Handbuch der Kirchengeschichte, II, 765. Freiburg, 1885). + +[539] Hefele, Der Cardinal Ximenes, XVIII, p. 265 (Tübingen, 1851). + +The most recent apologist, who assures us that the Church never used +other than moral force, displays his accuracy by telling us that, +in 1521, Leo X excommunicated Torquemada on account of his cruelty, +against the protests of Charles V, and also that in England Henry +VIII executed 70,000 victims and Queen Elizabeth 43,000.--G. Romain, +L'Inquisition, son rôle religieux, politique et social, pp. 10, 11, +2^{e} Edition, Paris, 1900. + +[540] Ranke, Die Osmanen und die Spanische Monarchie, pp. 195-8 +(Leipzig, 1877).--Maurenbrecher, Geschichte der Katholischen +Reformation, I, 45 (Nördlingen, 1880). + +[541] Rodrigo, Historia verdadera, I, 264; II, 87; III, 363.--Ortí +y Lara, La Inquisicion, p. 2 (Madrid, 1877).--Cappa, S. J., La +Inquisicion española, p. 28 (Madrid, 1888).--Pastor, Geschichte der +Päpste, II, 584. + +[542] Llorente, Añales, II, 209, 229.--Dormer, Añales de Aragon, Lib. +I, cap. 27. + +[543] Archivo de Simancas, Inq., Lib. 43, fol. 297.--Críticos +Documentos que sirven como de segunda Parte al Proceso de Fr. Froilan +Diaz, pp. 7-8 (Madrid, 1788). + +[544] Archivo de Simancas, Inq., Lib. 939, fol. 270. + +At the same time there is no doubt that contemporary statesmen, +disposed to regard with cynical incredulity the fervor of Philip's +fanaticism, were apt to look upon the Inquisition as an artful +instrumentality to keep the people in subjection. See the remarks of +Giovanni Soranzo in Vol. I, p. 442. + +[545] Archivo de Simancas, Inq., Lib. 1. + +[546] Archivo de Simancas, Inq., Lib. 1; Lib. 2, fol. 4. + +[547] Llorente, Hist. crít., cap. XXVII, art. iii. + +[548] Danvila y Collado, La Germanía de Valencia, pp. 178, 492. + +[549] Llorente, Hist. crít., cap. XXVII, art. iv, n. 5-10. + +[550] Relazioni Venete, Serie I, T. V, p. 279.--Miscelanea de Zapata +(Mem. hist. español, XI, 244). + +[551] Archivo de Simancas, Inq., Lib. 19, fol. 48. + +[552] Few episodes in Spanish history have been more exhaustively +investigated than the career of Antonio Pérez and its consequences. +Ample materials for its elucidation exist in the Spanish archives, in +the Llorente collections preserved in the Bibliothèque nationale of +France, at The Hague and in the British Museum, and these have been +industriously utilized by modern writers. The contemporary sources are-- + +Las Obras y Relaciones de Antonio Pérez, Paris, 1654. + +Proceso criminel que se fulminó contra Antonio Pérez, Madrid, 1788. + +Argensola, Informacion de los sucesos del Reino de Aragon en los años +de 1590 y 1591. Madrid, 1808. + +Coleccion de Documentos inéditos, Vols. XII, XV, LVI. + +Giambattista Confalonieri, in Spicilegio Vaticano, Vol. I, P. II, pp. +226 sqq. + +Tommaso Contarini, in Relazioni Venete, Serie I, T. V, p. 401. + +Cabrera, Historia de Felipe II, T. II, pp. 448, 540; T. III, pp. 529 +sqq (Ed. 1876-77). + +Lanuza, Historias eclesiasticas y seculares de Aragon, T. II, Lib. II, +III. (Zaragoza, 1622). + +The principal modern authorities are-- + +Llorente, Historia crítica, cap. XXXV, XXXVI. + +Mignet, Antonio Pérez et Philippe II, Paris, 1854. + +Pidal, Historia de las Alteraciones de Aragon en el Reinado de Felipe +II, 3 vols, Madrid, 1862-3. + +Muro, Vida de la Princesa de Eboli, Madrid, 1877. + +Philippson (Ein Ministerium unter Philipp II, Berlin, 1895) and Major +Hume (Españoles é Ingleses, Madrid, 1903) give interesting details as +to the earlier events. + +[553] Relazioni Venete, Serie I, T. V, p. 485. + +The assertion of the co-operation of the Inquisition and the Royal +Council, which were habitually antagonistic, shows how little the envoy +knew of the inner working of Spanish administration. + +[554] MSS. of Library of Univ. of Halle, Yc, 20, T. I. + +[555] Vida y Escritos del P. Juan de Mariana, pp. lxix-lxxviii +(Historia de España, Valencia, 1783, T. I).--Alegambe, Scriptt. Soc. +Jesu, p. 258.--De Backer, V, 518. + +The "Tratado y Discurso sobre la Moneda de Vellon" of course was +suppressed and became scarce. My copy is in MS., transcribed in 1799. + +Mariana did not conceal from himself the danger to be incurred. In +his address to the Reader he says--"Bien veo que algunos me tendrian +por atrevido, otros por inconsiderado, pues no advierto el riesgo que +corro." + +[556] Archivo de Simancas, Inq. de Barcelona, Córtes, Leg. 17, fol. +9.--Libro XIII de Cartas, fol. 195 (MSS. of Am. Philos. Society). + +[557] Llorente, Hist. crítica, cap. XXXVIII, n. 17, 19. + +[558] Archivo hist. nacional, Inq. de Valencia, Leg. 10, n. 2, fol. 153. + +[559] Bibl. nacional, MSS., H, 177, fol. 251. + +[560] Archivo de Simancas, Inq., Lib. 56, fol. 605. + +[561] Archivo hist. nacional, Inq. de Valencia, Leg. 383. + +[562] Bibl. nacional, MSS., Mm, 130. + +[563] Archivo hist. nacional, Inq. de Valencia, Leg. 100. + +[564] Cartas del Filósofo rancio, II, 496. + +[565] Archivo de Simancas, Inq., Lib. 559. + +[566] MS. penes me. + +[567] Archivo de Simancas, Inq., Lib. 559. + +[568] Relacion histórica de la Judería de Sevilla, p. 49 (Sevilla, +1849). + +[569] Córtes de Leon y de Castilla, I, 450.--Nueva Recop., Lib. VI, +Tit. xviii, ley 12. + +[570] Dormer, Añales de Aragon, Lib. II, cap. xli. + +[571] Archivo de Simancas, Inq., Lib. 79, fol. 75. + +[572] Fueros y Observancias del Reyno de Aragon, fol. 215. Cf. fol. 194 +(Zaragoza, 1624). + +[573] Lib. V in Sexto, Tit. vi, cap. 6.--Digard, Registres de Boniface +VIII, n. 2354.--Bullar. Roman. I, 507, 718; II, 496. + +[574] Archivo hist. nacional, Inq. de Valencia, Leg. 2, n. 16, fol. +272.--Archivo de Simancas, Inq., Lib. 82, fol. 130; Lib. 939, fol. 115. + +[575] Archivo de Simancas, Inq., Lib. 83, fol. 26. + +[576] Argensola, op. cit., p. 199. + +[577] Archivo de Simancas, Inq., Visitas de Barcelona, Leg. 15, fol. 8. + +[578] Bibl. nacional, MSS., V, 377, cap. xxv, xxvi. + +[579] Bibl. nationale de France, fonds espagnol, T. 85, fol. 7. + +[580] Libro XIII de Cartas (MSS. of Am. Philos. Society). + +[581] MSS. of the Royal Library of Copenhagen, 218^{b}, p. 259.--Novís. +Recop., Lib. IX, Tit. xii, ley 11. + +[582] Urbani PP. VIII Bull. _In eminenti_, 6 Mart. 1641.--Innocent PP +X. Bull. _Cum occasione_, 31 Maii, 1653 (Bullar. V, 369, 486). + +A precursor of Jansen was Michel de Bay or Baius, a theologian of +Louvain, whose seventy-nine propositions were condemned by Pius V and +Gregory XIII and were publicly abjured by him before the University, +May 24, 1580. His name does not occur in the Spanish Indexes before +that of 1632, (p. 761) where he is spoken of as a man of high +reputation who abandoned his errors. + +[583] Letter of Benedict XIV to Inquisitor-general Prado y Cuesta +(Semanário erúdito, XXX, 53). + +[584] Indice de 1707, I, 19, 28, 231-2, 478. + +[585] Nic. Anton. Biblioth. Vet. Lib. VI, cap. xi, n. 268. + +[586] Memorial espagnol presenté á sa Majesté Catholique contre les +pretendus Jansenistes du Pays-Bas, p. 45 (s. 1. 1699). + +This is a memorial drawn up by Juan de Palazol, S. J., in the name and +by order of Tirso González, the Jesuit General. To it I am indebted for +the details that follow. + +In January 1691 a congregation of the Flemish bishops addressed to the +Roman Inquisition an urgent appeal for help in their struggle with the +Jansenists, whose missionary and controversial efforts were incessant +and successful. It illustrates the elusory character of the theological +subtilties involved that the bishops sent, as a specially successful +exposure of Jansenist devices, a little book under the name of Cornelis +van Cranebergh, but Rome thought differently of it and condemned +it by decree of March 19, 1692. Its real author was the Jesuit +Jacques de la Fontaine, who was one of the most zealous champions +against Jansenism.--Collectio Synodorum Archiep. Mechliniensis, I, +575.--Reusch, Der Index, II, 645.--De Backer, IV, 230. + +[587] Le Tellier, Recueil des Bulles et Constitutions etc. p. 125 +(Mons, 1697). + +[588] These details are not without interest as indicating the causes +which led to the establishment of the still existing schismatic see of +Utrecht. + +[589] Suplemento á el Indice, 1739, p. 36.--Manuel F. Miguélez, +Jansenismo y Regalismo en España, pp. 98 sqq. (Valladolid, 1895). Fray +Miguélez is an Augustinian, seeking to vindicate St. Augustin and his +Order from Jesuit attacks. His work is based on inedited documentary +material. + +[590] Miguélez, _op. cit._, pp. 90-5.--Semanário erúdito, XXX, 53. + +[591] Miguélez, _op. cit._--In connection with Padre Rábago it may be +mentioned that, in 1747, when already royal confessor, he was denounced +to the Santiago tribunal for solicitation, but escaped trial under +the rule requiring two denunciations. Archivo hist. nacional, Inq. de +Toledo, Leg. 233, n. 108, fol. 60. + +The Indice Ultimo of 1790 (p. 192) records the removal of Noris's books +and prohibits all writings on both sides of the affair. + +[592] Relazioni Venete, Serie I, T. V, p. 484. + +[593] Jo. Nic. von Hontheim, De Statu Ecclesiæ et legitima Potestate +Romani Pontificis. Bullioni, 1763. + +[594] Miguélez, _op. cit._, pp. 274, 364, 366, 380. + +[595] Rafael de Vélez, Apología del Altar y del Trono, I, 442 (Madrid, +1825).-Clément, Journal de Correspondances et de Voyages pour la Paix +de l'Eglise, II, 31 (Paris, 1802). + +Clément, then canon and treasurer of Auxerre, and subsequently Bishop +of Versailles, was a self-appointed negotiator in 1768 to prevent the +schism, which he thought was impending, and to unite all the courts in +opposition to Ultramontanism. His candid self-complacency and belief +in his own importance give a certain life to his otherwise formless +account of his mission, while his dread lest the Inquisition should +obtain knowledge of what he was doing shows how thoroughly it was on +the Ultramontane side. + +[596] Cartas del Filósofo rancio, II, 32. + +[597] Muriel, Historia de Carlos IV (Mem. hist. español, XXXIV, 119). + +[598] Menéndez y Pelayo, III, 245. + +[599] Clément, II, 102. + +[600] Llorente, Hist. crít., cap. xxix, art. iii, n. 1, 2; cap. XLIII, +art. iii, n. 1. + +[601] Clément, _op. cit._, II, 44, 83-5, 296-7. + +[602] Ferrer del Rio, Historia de Carlos III, Lib. II, cap. ii, iv. + +The trial of Dr. Benito Navarro, a Jesuit Tertiary, was printed at the +time and indicates the participation of the Jesuits in the troubles, +with the object of forcing the restoration to power of the Marquis of +la Ensenada. Incidentally the evidence shows the enormous influence +wielded by the Jesuits through having their creatures in governmental +positions, where they could mislead and betray their superiors. +To statesmen like Aranda, Campomanes, Roda and Floridablanca, +the continued existence of the Jesuits in Spain was a manifest +impossibility. + +The documents connected with the expulsion are printed by Miraflores +in his "Documentos á los qué se hace referencia en los apuntes +historico-críticos sobre la Revolucion de España," II, 38-71 (Londres, +1834). + +[603] Novís. Recop., Lib. viii, Tit. i-ix.--Carta de Josef Clíment, +Obispo de Barcelona, 26 de Junio, 1767. + +[604] MSS of Am. Philos. Society. + +[605] Art de Vérifier les Dates depuis l'année 1770, III, 358. A +subsequent decree of March 11, 1798, permitted the ex-Jesuits to live +with their kindred or in convents, provided that this was not in any +royal residence (Original _penes me_). + +[606] Muriel, Hist. de Carlos IV, _loc. cit._--Cartas del Filósofo +rancio, II, 34.--Vélez, Apología, I, 44-6. + +Yet the _Acta et Decreta Synodi Dioecesance Pistoriensis anni 1786_, +against which the bull _Auctorem fidei_ was directed, were not +prohibited until March 18, 1801.--Suplemento al Indice Expurgatorio, p. +1 (Madrid, 1805). + +On May 18, 1801, the Commissioners of the Canary tribunal at Orotava +report to it that the edict has been duly read and affixed to the doors +of the parish churches.--Birch, Catalogue of the MSS. of the Inq. in +the Canary Islands, II, 1008. + +[607] Archivo hist. nacional, Inq. de Valencia, Leg. 17, n. 3, fol. 16. + +[608] Llorente, Hist. crít., cap. XXV, n. 33, 34; cap. XXIX, art. iii, +n. 5; cap. XLIII, art. iii, n. 5. + +[609] Se vió á todos los jansenistas, impios y hombres desmoralizados +ponerse del lado de los invasores.--Vic. de la Fuente, Hist. +eclesiastica, III, 463.--Cf. Cartas del Filósofo rancio, _passim_. + +[610] Vélez. Apología del Altar y del Trono, I, 391-2. + +[611] G. de Castro, Il Monde Segreto, IV, 59 (Milano, 1864).--Précis +historique de l'Ordre de la Franc-Maçonnerie, par J. C. B.... (Paris, +1829).--Luigi Parascandalo, La Frammassoneria figlia e erede del +Manicheismo, 4 vols, 8vo (Napoli, 1865).--Ch. Van Dusen, S. J., Rome +et la Franc-Maçonnerie (1896).--L'Abbé V. Davin, Les Jansénistes +politiques et la Franc-Maçonnerie, p. 5 (Paris, s. d.). + +[612] Mariano Tirado y Rojas, La Masonería en España, I, 241-3, 252, +255-6 (Madrid, 1893). + +[613] [Thory] Acta Latomorum, I, 35 (Paris, 1815). + +[614] Bullar. Roman., XV, 184. + +[615] Acta Latomorum, I, 43-44. + +[616] Compendio della vita di Giuseppe Balsamo, denominato il Conte +Cagliostro, che si è estratto dal Processo contra di lui formato in +Roma l'anno 1790 (Roma, 1791). + +The importance attached to the case is indicated by the formal removal +of the seal of secrecy and the semi-official publication of the volume. +The edict imposing the death-penalty is quoted on p. 80. + +[617] Bullar. Bened. PP. XIV, III, 167 (Romæ, 1761). + +[618] Bulario de la Orden de Santiago, Lib. V, fol. 280. + +[619] Acta Latomorum, I, 47. + +[620] Fray Joseph Torrubia, Centinela contra Francs Massones, Segunda +Edicion, Madrid, 1754. From the dates of the approbations it would +appear that the first edition was issued in 1751 or 1752. + +[621] Feyjoo, Cartas, T. IV, Cart. xvi. This letter must have been +written between 1751 and 1754, as it alludes to the _Centinelo_, while +the second edition of the latter alludes to the letter. Feyjoo refers +to another recent book on the subject by Fray Juan de la Madre de Dios, +which I have not seen. + +[622] Archivo de Simancas, Inq., Lib. 879, fol. 301 B; Lib. 1024, fol +10.--Llorente, Hist. crít., cap. XLI, art. ii, n. 10-16. + +[623] Archivo hist. nacional, Inq. de Toledo, Leg. 108, n. 1. + +The Portuguese Inquisition was as prompt as the Spanish. See "The +Sufferings of John Coustos for Free-masonry," London, 1740, and it +continued after the reforms of Pombal, as appears from "A Narrative of +the Persecution of Hippolyto Joseph da Costa Pereira Furtado de Mendoza +... for the pretended crime of Free-masonry," 2 vols., London, 1811. + +[624] Tirado y Rojas, I, 269-73, 354. + +[625] Ibidem, I, 274-8, 289-99, 355. + +[626] Archivo de Simancas, Inq., Leg. 1473; Lib. 559. + +[627] Acta Latomorum, I, 265. + +[628] Archivo de Simancas, Inq., Lib. 890. + +[629] Ibidem, Lib. 435^{2}; Lib. 890. + +[630] Archivo de Simancas, Inq., Lib. 890. + +[631] Ibidem. + +[632] Archive hist. nacional, Inq. de Valencia, Leg. 100. + +In this list is not included the curious case of the Bishop of Havana, +Juan José Díaz de la Espada y Landa, accused of Free-Masonry in Cuba +by the zealous inquisitor Elosua in 1815. The matter was transferred +to Spain and was suspended November 11, 1819 (J. T. Medina, La +Inquisicion de Cartagena de las Indias, p. 416). It does not seem to +have interfered with the position of the good bishop, who retained his +see until his death, Sept. 12, 1832 (Gams, Series Episcopp., p. 152). + +[633] Tirado y Rojas, II, 46, 72-3, 81-88.--Miraflores, Apuntes +historico-críticos, p. 28.--Modesto Lafuente, Hist. de España, XXIX, +213-15, 333-4. + +The "Memoirs of Don Juan van Halen" (London, 1830) which had an +extensive circulation in many languages, are of no historical value. +He was a real personage however, whose dextrous treachery in deserting +the French, in 1814, is described by Toreno (Historia del Llevamiento +etc., III, 323). In 1822 he was on the staff of Gen. Mina in Catalonia +(Memorias del Gen. Espoz y Mina, III, 7) and, in 1838, was in high +command in Valencia (Manifestacion del Gen. Córdova, p. 13). + +In 1818 his name occurs as on trial in Toledo (not in Madrid, as he +represents) and the charge was impeding the Inquisition, not Masonry +and conspiracy--Catálogo de las causas etc., p. 131 (Madrid, 1903). + +[634] [Martinez de la Rosa] Examen crítico de las Revoluciones de +España, I, 417-18 (Paris, 1837). + +[635] Archivo hist. nacional, Inq. de Toledo, Leg. 1. + +[636] Vélez, Apología del Altar y del Trono, I, 41. + +[637] Clément, Journal, II, 89. + +[638] Archivo municipal de Sevilla, Seccion especial, Siglo XVIII, +Letra A, Tomo 4, n. 55. + +[639] In this celebrated case I have relied chiefly on Ferrer del Rio, +_Hist. del Reinado de Carlos III_, Lib. IV, cap. i, and on Menéndez y +Pelayo, _Heterodoxos_, III, 205 sqq. See also Llorente, _Hist. crít._, +cap. XXVI, art. iii, n. 13, 35, and Puigblanch, _La Inquisicion sin +Máscara_, p. 295. + +Frequent reference was made to Olavide in the debates of the Córtes of +Cádiz on the suppression of the Inquisition. Señor Mexia stated that he +had visited him at Baeza; that the _Triunfo_ was merely a translation +of the Abbé Lamourettes _Délices de la Religion_ (Paris, 1788) somewhat +enlarged, with the addition of a politico-economical portion, derived +from the _Ami des Hommes_ of the Marquis of Mirabeau,--Discusion del +Proyecto sobre la Inquisicion, pp. 254-5. (Cádiz, 1813). + +In 1831 De Custine says that there was little remaining of the +prosperous colony founded by Olavide (L'Espagne sous Ferdinand VII, +II, 98-107), but La Carolina, the principal town, had, in 1877, 6474 +inhabitants. The district has historical interest as the scene of the +victory of Las Navas de Tolosa, in 1212, and of the surrender of Bailen +in 1808. + +[640] Llorente, Hist. crít., cap. XXVI, art. iii, n. 42. + +[641] Ibidem, n. 10. + +[642] Ibidem, cap. XXV, art. i, n. 112.--Menéndez y Pelayo, III, 255. + +[643] Llorente, cap. XXV, art. i, n. 89.--Art. de vérifier les Dates +depuis l'année 1770, III, 355.--Modesto Lafuente, Hist. Gen. XXII, +127.--Cf. Rodrigo, Hist. verdadera, III, 365.--Discusion del Proyecto, +p. 464 (Cadiz, 1813). + +[644] Vélez, Apología, I, 40.--Cf. Menéndez y Pelayo, III, 227. + +[645] Cartas escritas por el Conde de Cabarrús, pp. 81, 83, 87-9 +(Vitoria, 1808). + +[646] Cartas del Filósofo rancio, I, 299. + +[647] Partidas, P. VII, Tit. xvii, ley 16.--Córtes de Leon y de +Castilla, II, 378. + +In the middle of the sixteenth century, branding with the letter " q" +was still in force in Castile.--Rojas de Haeret., P. 1, n. 544. + +[648] Colmeiro, Córtes de Leon y de Castilla, II, 160, 219.--Nueva +Recop., Lib. V, Tit. i, leyes 6, 7.--Novis. Recop., Lib. XII, Tit. +xxviii, leyes 8, 9. + +[649] Memoria de diversos Autos (See Appendix to Vol. I). + +[650] Archivo de Simancas, Inq., Lib. 2, fol. 21. + +[651] Carbonell de Gestis Hæret. (Doc. de la C. de Aragon, XXVIII, 154). + +[652] Pragmaticas y altres Drets de Cathalunya, Lib. I, Tit. viii, cap. +1, § 4. + +[653] Archivo de Simancas, Inq., Lib. 933; Lib. 918, fol. 381. + +[654] Pragmaticas etc. de Cathalunya, Lib. I, Tit. viii, cap. 2. + +[655] Archivo de Simancas, Patronato Real, Inq., leg. único, fol. 38. + +[656] Archivo de Simancas, Inq., Lib. 3, fol. 241. + +[657] Concil. Hispalens., ann. 1512, cap. xxxvii (Aguirre, V, 374). + +[658] In the 1534 edition of his _Repetitionem novam_ (Col. 363) +Albertino says that he has treated the question extensively in his +"Speculum Inquisitorum"--subsequently embodied in his "Tractatus de +agnoscendis Assertionibus" as Q. XXIII (Romæ, 1572). + +[659] Bibl. pública de Toledo, Sala v, Est. 11, Tab. 3. + +[660] Simancæ de Cath. Instt., Tit. XL, n. 3; Enchirid., Tit. XII, n. +4-6. + +[661] Bibl. nacional, MSS., V, 377, cap. XVII.--Elucidationes S. +Officii, § 33 (Archivo de Alcalá, Hacienda, Leg. 544^{2}, Lib. 4). + +[662] Archivo hist. nacional, Inq. de Valencia, Leg. 361, fol. 7.--MSS. +of Royal Library of Copenhagen, 218^{b}, p. 418. + +[663] Peña, Comment. LXXXI in Eymerici Direct., P. II.--Bibl. nacional, +_ubi sup._--Archivo de Simancas, Inq., Lib. 921, fol. 231. + +[664] Archivo de Alcalá, Hacienda, Leg. 544^{2}; Lib. 10. + +[665] Bibl. nacional, MSS., Mm, X, 157, p. 190. + +[666] Archivo hist. nacional, Inq. de Valencia, Leg. 9, n. 3, fol. +313.--Archivo de Simancas, Inq., Leg. 552, fol. 42. + +It was the same in Portugal, where the bishops had to yield. The +question was carried to Rome and, in 1612, the Archbishop of Lisbon was +commanded to hand bigamists over to the Inquisition.--Collect. Decret. +S. Congr. S. Inquis., p. 361 (MS. _penes me_). + +[667] Decreta S. Congr. S. Officii, pp. 461, 466 (Bibl. del R. Archivio +di Stato in Roma, Fondo Camerale, Congr. del. S. Officio, Vol. 3). + +[668] Archivo de Simancas, Inq., Lib. 54, fol. 117.--Ristretto cerca li +Delitti più frequenti, pp. 113-141 (MS. _penes me_). + +[669] Miguel Calvo (Archivo de Alcalá, Hacienda, Leg. 544,^{2} Lib. +4).--Archivo hist. national, Inq. de Valencia, Leg. 299, fol. 80; Inq. +de Toledo, Leg. 1. + +[670] Archivo de Simancas, Inq., Leg. 787. + +[671] Elucidationes S. Officii, § 33 (Archive de Alcalá, Hacienda, Leg. +544^{2}, Lib. 4)--Bibl. national, MSS., V, 377, cap. xvii, § 1. + +[672] MSS. of Library of Univ. of Halle, Yc, 20, T. 1. + +[673] Proceso contra Jos. Ant Ferro (MSS. of Am. Phil. Society). + +[674] Bibliothèque nationale, fonds espagnol, No. 354, fol. 242. + +[675] Memorias de los Vireyes del Perú, III, 38.--Archive de Simancas, +Inq., Lib. 28, fol. 115. + +[676] MS. _penes me_. + +[677] Novís. Recop., Lib. XII, Tit. xxviii, ley 10. + +[678] Bibl. nacional, MSS., Mm, 93. + +[679] Archivo hist. nacional, Inq. de Valencia, Leg. 15, n. 11 fol. 7; +n. 10, fol. 92. + +[680] Archivo hist. nacional, Inq. de Valencia, Leg. 15, n. 11, fol. +1-6; Inq. de Toledo, Leg. 1. + +[681] Ibidem, Inq. de Valencia, Leg. 15, n. 11, fol. 5.--Archivo de +Alcalá, Estado, Leg. 2843. + +[682] Alcubilla, Códigos antiguos, II, 1908. + +[683] Archivo hist. nacional, Inq. de Valencia, Leg. 16, n. 5, fol. 50; +Inq. de Toledo, Leg. 1, fol. 286. + +[684] Archivo de Simancas, Inq., Lib. 890. + +[685] MSS. of Library of Univ. of Halle, Yc, 20, T. I.--Archivo hist, +nacional, Inq. de Toledo, Leg. 1; Inq. de Valencia, Leg. 100.--Royal +Library of Berlin, Qt. 9548. + +[686] Nueva Recop., Lib. VIII, Tit. iv. + +[687] Eymerici Director, P. II, Q. XLI.--Repertor. Inquisit. s.v. +_Blasphemus_. + +[688] Arguello, fol. 14. + +[689] Llorente, Añales, I, 278. + +[690] C. Hispalens. ann. 1512, cap. xxxviii (Aguirre, V, 374). + +[691] Pragmáticas y altres Dreta de Cathalunya, Lib. I, Tit. viii, cap. +1, 2.--Archivo de Simancas, Inq., Lib. 933. + +[692] Archivo de Simancas, Inq., Lib. 918, fol. 382. + +[693] Ibidem, Patronato Real, Inq., Leg. único, fol. 37. + +[694] Andres de Burgos, Reportorio de todas las Prematicas, fol. xxxix +(Medina del Campo, 1551). + +[695] Córtes de los Reinos de Leon y de Castilla, IV, 589. + +[696] Nueva Recop., Lib. VIII, Tit. iv. + +[697] Bibl. pública de Toledo, Sala V, Est. xi, Tab. 3. + +[698] Archivo de Simancas, Inq., Lib. 939, fol. 106; Lib. 81, fol. +27.--Archivo hist. nacional, Inq. de Valencia, Leg. 31. + +[699] Archivo hist. nacional, Inq. de Valencia, Leg. 299, fol. +80.--Alberghini, Man. Qualificat., cap. xvi. + +[700] This was not the case in Italy where, in 1555, the Inquisition +assumed jurisdiction over blasphemy. There were occasional conflicts +with the secular authorities, especially in the Venetian territories, +as when, in 1595, the podestà of Brescia refused to allow a blasphemer +to be imprisoned by the inquisitor. The Roman Congregation protested, +but the podestà prevailed and punished the offender, probably with +greater severity than the Inquisition would have done. There was the +same difficulty of distinction between heretical and non-heretical +blasphemy. In 1606 the Congregation decided that _puttana de Dio_ was +not heretical although outside of Rome it was held to be so.--Decret. +S. Cong. S. Officii, p. 29 (MSS. of Bibl. del Reale Archivio di Stato +in Roma, Fondo Camerale, Congr. del. S. Officii, Vol. 3). + +[701] Cartas de Jesuitas (Mem. hist. español, XV, 191).--Nueva Recop., +Lib. I, Tit. i, ley 10.--Autos Acordados, Lib. VIII, Tit. ii, Auto 1. + +[702] Archivo de Simancas, Inq., Leg. 552, fol. 13. + +[703] Archivo de Alcalá, Hacienda, Leg. 544^{2}, Lib. 4. + +[704] Ibidem.--Archivo hist. nacional, Inq. de Valencia, Leg. 299, fol. +80.--Bibl. nacional, MSS., V, 377, cap. 1. + +[705] Elucidationes S. Officii, § 37 (Archivo de Alcalá, _ubi sup_). + +[706] Archivo de Simancas, Inq., Leg. 552, fol. 3, 13. + +[707] Archivo hist. nacional, Inq. de Toledo, Leg. 1. + +[708] Reportorium Inquisit. S.V. _Degradatio_, § _an clericus_. + +[709] Simancæ de Cath. Instt., Tit. XL, n. 8-13; Ejusd. Enchirid., Tit. +XII, n. 1-3.--Arnaldi Albertin. Repetitionem novam, Q. xiii, n. 47 (Ed. +1534, col. 331). + +It is perhaps worth noting that the _Repertorium_ of 1494 has no +allusion to the subject under the titles _Castitas_, _Clericus_, and +_Matrimonium_. At that time it was evidently considered to be outside +of the sphere of the Inquisition. + +[710] Arnaldi Albertini de agnoscendis Assertionibus, Q. XXIII, n. +41. In Germany, many Catholic priests took wives. By the _Interim_ of +Charles V, in 1548, they were allowed to remain undisturbed until the +Council of Trent should decide the question.--Interim, cap. XXVI, § 17. + +[711] C. Trident. Sess. XXIV, De Sacr. Matrimonii, can. ix. Yet the +council recognized the papal power of dispensation. + +[712] Catálogo de las causas seguidas ante el tribunal de Toledo, pp. +306, 307. + +[713] MSS. of Library of Univ. of Halle, Yc, 20, T. I. + +[714] MSS. of Royal Library of Copenhagen, 218^{b}, p. 420. + +[715] Archivo hist. nacional, Inq. de Valencia, Leg. 299, fol. +80.--Elucidationes S. Officii, § 34 (Archivo de Alcalá, Hacienda, Leg. +544,^{2} Lib. 4). + +[716] MSS. of Library of Univ. of Halle, Yc, 20, T. I. + +[717] Archivo de Simancas, Inq., Leg. 552, fol. 11. + +[718] Archivo hist. nacional, Inq. de Toledo, Leg. 1. + +[719] Olmo, Relacion del Auto, p. 204. + +[720] Archivo hist. nacional, Inq. de Toledo, Leg. 1. + +[721] Ibidem, Inq. de Valencia, Leg. 100. + +[722] "Consentaneum visum est de sanctissimis ecclesiæ sacramentis +agere, per quæ omnis vera justitia vel incipit, vel coepta augetur, vel +amissa reparatur."--C. Trident. Sess. VII, De Sacramentis, Procem. + +[723] P. Denifle, Die älteste Tax-rolle der Apost. Pönitentiarie +(Archiv f. Litt. u. K.-Geschichte, IV, 224-5). + +[724] Locati Opus judiciale Inquisitor., pp. 475, 476 (Romæ, +1570).--Farinacii de Hæresi, Q. CXCIII, § 1, n. 39. + +[725] Bullar. Roman. III, 142; IV, 144. + +[726] Collect. Decr. S. Congr. S. Officii, p. 50 (MS. _penes me_). + +[727] Ristretto circa li Delitti più frequenti nel S. Offizio, p. 104-5 +(MS. _penes me_). + +[728] Royal Library of Munich, Cod. Ital. 185.--Bibl. del R. Archivio +di Stato in Roma, Miscellanea MS., p. 729. + +[729] Archivo de Simancas, Inq., Lib. 939, fol. 107.--Ant. de Sousa. +Opusc. circa Constit. Pauli V, p. 57.--Rod. a Cunha pro PP. Pauli V +Statuto, p. 65. + +[730] Bullar. Roman. II, 415. + +[731] Archivo de Simancas, Inq., Lib. 939, fol. 108; Lib. 942, fol. 39. + +[732] Bibl. nacional, MSS., D, 118, fol. 114. + +[733] MSS. of Library of Univ. of Halle, Yc, 20, T. I. + +[734] Archivo de Simancas, Inq., Leg. 552, fol. 1, 11. + +[735] Obregon, Mexico Viejo, II, 353, 383.--Museo Mexicano, T. I, pp. +338-40 (Mexico, 1843). + +[736] Bibl. nacional, MSS., V, 377, cap. xix.--Miguel Calvo (Archivo de +Alcalá Hacienda, Leg. 544,^{2} Lib. 4).--Elucidationes S. Officii, § 38 +(Ibidem).--MSS. of Royal Library of Copenhagen, 218^{b}, p. 385. + +[737] Archivo de Simancas, Inq., Leg. 1183, fol. 13. + +[738] Archivo hist. nacional, Inq. de Toledo, Leg. 1. + +[739] Archivo de Simancas, Inq., Lib. 890. + +[740] Archivo hist. nacional, Inq. de Valencia, Leg. 100. + +[741] MS. Memoria de diversos Autos (see Appendix to Vol. I). + +[742] Bibl. nacional, MSS., V, 377, cap. xvi. + +[743] Elucidationes S. Officii, § 47 (Archivo de Alcalá, Hacienda, Leg. +544^{2}, Lib. 4).--MSS. of Royal Library of Copenhagen, 218^{b}, p. 332. + +[744] Archivo de Simancas, Hacienda, Leg. 25, fol. 3. + +[745] MSS. of Library of Univ. of Halle, Yc, 20, T. I.--See above, Vol. +III, p. 189. Simancas (De Cath. Instt., Tit. XLVI, n. 92, 93) says that +the Inquisition cannot relax for personation, however grave the case +may be, which explains the necessity of the special papal brief. + +[746] Miscelanea de Zapata (Mem. hist, español, XI, 60). There is here +evidently confusion between Almagro and Almaden. + +[747] Danvila y Collado, Expulsion de los Moriscos, p. 208.--Bibl. +nacional, MSS., PV, 3, n. 20. + +[748] MSS. of Library of Univ. of Halle, Yc, 20, T. I. + +[749] Archivo de Simancas, Inq., Visitas de Barcelona, Leg. 15, fol. 20. + +[750] Llorente, Hist. crit., cap. XXIV, art. 1, n. 11.--MSS. of Library +of Univ. of Halle, Yc, 20, T. I.--Archivo hist. nacional, Inq. de +Toledo, Leg. 1. + +[751] Archivo hist. nacional, _loc cit._ + +[752] Archivo de Simancas, Inq., Leg. 552, fol. 13. + +[753] MSS. of Library of Univ. of Halle, Yc, 20, T. XVII. + +[754] Archivo de Simancas, Inq., Lib. 34, fol. 394. + +[755] Procesos contra Francisca Mexia y Francisca de la Serna (MSS. of +David Fergusson Esq.). + +Fuller details of this instructive case will be found in my "Chapters +from the Religious History of Spain," pp. 428-35. + +[756] Archivo hist. nacional, Inq. de Valencia, Leg. 100. + +[757] MSS. of Am. Philos. Society. + +[758] Decret. S. Congr. S. Officii, p. 388 (Bibl. del R. Archivio di +Stato in Roma, Fondo Camerale, Congr. del S. Officio, Vol. 3). + +[759] Prattica per le cause del Sant' Officio, cap. 25 (MS. _penes me_). + +[760] Pellicer, Avisos históricos (Semanário erúdito, XXXIII, 116, 124, +149). + +[761] Bibl. national, MSS., V, 377, cap. vii, § 1. + +[762] MSS. of Library of Univ. of Halle, Yc, 20, T. I. + +[763] Archivo hist, nacional, Inq. de Toledo, Leg. 1. + +[764] Bibl. nacional, MSS., Bb, 122. + +[765] Archivo hist. nacional, Inq. de Valencia, Leg. 100. + +[766] Ibidem. + +[767] Ibidem, Leg. 1, n. 4, fol. 179.--MSS. of Royal Library of +Copenhagen, 218^{b}, p. 167. + +[768] Cap. 1, Extra, Lib. III, Tit. xlv. + +[769] Archivo de Simancas, Inq., Lib. 19, fol. 70-76, 108-116.--Archivo +hist. nacional, Inq. de Valencia, Leg. 6, n. 2, fol. 158 sqq. + +[770] Urbani PP. VIII Const. _Coelestis_ (Bullar. Roman. IV, 85, +Append, p. 33). + +[771] Index of 1640, Regula xvi.--Indice Ultimo, p. xxvi. + +[772] Discurso sobre si se le puede hacer fiesta al Premier Padre del +Genero Humano Adan y darle culto y veneracion publica como á Santo, sin +licencia del Romano Pontifice. Por D. Francisco Miranda y Paz. Madrid, +1636. The book was thought worthy of a refutation, which appeared in +1639 (Nic. Anton. Bibl. nova s. v. Franciscus de Miranda). + +[773] Padre Fidel Fita, in Boletin, 1887.--Martínez Moreno Historía del +Martirio del Santo Niño de la Guardia (Madrid, 1866). + +[774] The best account of these and kindred forgeries is by José Godoy +Alcántara, in his _Historia critica de los falsos Cronicones_ (Madrid, +1868). The modern President of the Canons of Sacromonte has given the +other side in his _El Sacro Monte de Granada_ (Madrid, 1883). + +The influence of the Inquisition at first was adverse to the plomos. +See Archivo de Simancas, Inq., Lib. 20, fol. 127, 188, 236, 319. A +whole volume of the archives (Lib. 44^{1}) is occupied with papers +connected with the affair from 1604 to 1636. + +[775] Barrantes, Aparato para la Historía de Extremadura, II, 392. + +[776] Archivo de Simancas, Inq., Lib. 435^{2}. + +[777] I have considered in some detail the development of this belief, +in the "History of the Inquisition of the Middle Ages," III, 596 sqq. + +[778] Collect. Decretor. S. Congr. S. Officii, s. v. _Conceptio_ (MS. +_penes me_).--Collect. Decret. S. Congr. S. Inquisit. (Bibl. del R. +Archivio di Stato in Roma, Fondo camerale, Congr. del S. Officio, Vol. +3). + +[779] Cartas de Jesuitas (Mem. hist. español, XIII, 450). + +[780] Le Tellier, Recueil des Bulles concernans les erreurs etc., p. +296 (Mons [Rouen] 1697). + +[781] Bibl. nacional, MSS., Cc, 99, fol. 230.--Archivo hist. nacional, +Inq. de Valencia, Leg. 11, n. 1, fol. 111-16. + +[782] Archivo hist. nacional, Inq. de Valencia, Leg. 10, n. 2, fol. 58, +90; Leg. 11, n. 2, fol. 217. + +[783] Ibidem, Leg. 1, n. 4, fol. 114; Leg. 11, n. 3, fol. 62. + +[784] Ibidem, Leg. 100. + +[785] C. Lateran., ann. 1179, cap. xi (Cap. 4, Extra, Lib. V, Tit. +xxxi).--Très ancien Contume de Bretagne, Art. 112, 142.--Statuta +criminalia Mediolani, cap. 51 (Bergomi, 1594).--Horne, Myrror of +Justice, cap. iv, § 14. + +[786] Fuero Real de España, Lib. IV, Tit. ix, leg. 2.--Nueva Recop., +Lib. VIII, Tit. xxxi, ley 1.--Ripoll, Bullar. Ord. Prædic., III, +301.--Innocent. PP. IV, Gloss in Cap. _Quod nuper his_, Extra, Lib. +III, Tit. xxxiv. + +[787] Llorente, Anales, I, 327. + +[788] Archivo de Simancas, Inq., Lib. 933.--"En lo que toca al crimen +nefando, si otras cosas no hay con ello que abiertamente sepan heregia, +contra las tales personas ya sabeis que por esto no debeis vosotros +proceder, ni es de vuestra jurisdiccion." + +[789] Escolano, Hist. de Valencia, II, 1449-70.--Boix, Hist. de la +Ciudad y Reino de Valencia, I, 347. + +[790] Bledæ Defensio Fidei, pp. 423-4. Cf. Páramo, p. 184. + +[791] Bulario de la Orden de Santiago, Lib. IV, fol. 6.--Archivo de +Simancas, Inq., Lib. 927, fol. 408.--Archivo hist. nacional, Inq. de +Valencia, Leg. 2, n. 16, fol. 259. + +[792] Archivo de Simancas, Inq., Lib. 78, fol. 145. + +[793] Archivo de Simancas, Inq., Lib. 927, fol. 429.--Llorente, Añales, +II, 373. + +[794] Archivo de Simancas, Inq., Lib. 939, fol. 107; Lib. 82, fol. +163.--MSS. of Bibl. nacional de Lima, Protocolo 223, Expediente, 5270. + +[795] Bibl. nacional, MSS., Q, 4. + +[796] Archivo hist. nacional, Inq. de Valencia, Leg. 2, n. 16, fol. 259. + +[797] Argument of Dr. Martin Real (MSS. of Bodleian Library, Arch. +Seld. 130). + +[798] Collect. Decr. S. Congr. S. Officii, p. 396 (MS. _penes +me_).--Decr. S. Congr. S. Inquisit., pp. 503, 539 (Bib. del R. Archivio +di Stato in Roma, Fondo camerale, Congr. del S. Officio, Vol. 3). + +[799] Corpo Diplomatico Portugues, VI, 379; VII, 211, 235, 439; VIII, +227, 296; IX, 477; XI, 600, 656. + +[800] Regimiento do Santo Officio da Inquisição, Liv. III, Tit. XXV, §§ +1, 12.--Royal Library of Berlin, Qt. 9548. + +[801] Fueros y Actos de Corte, p. 10 (Zaragoza, 1647). + +[802] Archivo hist. nacional, Inq. de Valencia, Leg. 2, n. 16, fol. 270. + +[803] Archivo de Simancas, Inq., Lib. 927, fol. 414. + +[804] Archivo hist. nacional, Inq. de Valencia, Leg. 299, fol. 80; Leg. +61.--Elucidationes S. Officii, § 55 (Archivo de Alcalá, Hacienda, Leg. +544^{2}, Lib. 4).--Bibl. nacional, MSS., V, 377, cap. xxiv, § 1. + +[805] Archivo hist. nacional, Inq. de Valencia, Leg. 299, fol. +80.--Bibl. nacional, MSS., V, 377, cap. xxiv, § 6. + +[806] Archivo hist. nacional, Inq. de Valencia, Leg. 2, n. 16, fol. +259.--Parets, Sucesos de Cataluña (Mem. hist. español, XXIV, 297). + +[807] Archivo hist. nacional, Inq. de Valencia, Leg. 6, n. 2, fol. 52; +Leg. 8, n. 2, fol. 497. + +[808] Bibl. nacional, MSS., V, 377, cap. xxiv, § 2. + +The Inquisition was more humane than the Castilian courts. Jan. 27, +1637, two culprits were burnt in Madrid. Oct. 14, 1639, two more were +burnt and a third was brought out to share the same fate, when the +episcopal vicar claimed him, as he had been decoyed from the asylum of +a church. Nine more were in prison at the time. Oct. 10, 1640, a man +and a boy were burnt.--Cartas de Jesuitas (Mem. hist, español, XIV, 26; +XV, 343).--Pellicer, Avisos históricos (Semanário erúdito, XXXI, 87, +228). + +In Mexico there was a special quemadero for such cases, distinct from +that of the Inquisition.--Obregon, Mexico viejo, II, 391. + +[809] Archivo hist. nacional, Inq. de Valencia, Leg. 61. + +[810] Archivo hist. nacional, Inq. de Valencia, Leg. 61. + +[811] Archivo de Simancas, Inq., Sala 39, Leg. 4, fol. 71. + +[812] Bulario de la Orden de Santiago, Lib. IV, fol. 6.--Archivo hist. +nacional, Inq. de Valencia, Leg. 61; Cartas del Consejo, Leg. 5, n. 1, +fol. 5.--Llorente, Hist. crít., cap. XXIV, art. 4, n. 2.--Giambattista +Confalonieri (Spicilegio Vaticano, I, 461). + +[813] Archivo de Simancas, Inq., Lib. 82, fol. 91. + +[814] Bibl. nacional, MSS., PV, 3, n. 20. + +[815] Archivo de Simancas, Inq., Visitas de Barcelona, Leg. 15, fol. 5. + +[816] Archivo hist. nacional, Inq. de Valencia, Leg. 99. + +[817] Ibidem, Leg. 100. + +[818] Raynald. Annal., ann. 1258, n. 23.--Potthast, Regesta, n. 17745, +18396.--Cap. 1, Clement., Lib. V, Tit. v. + +[819] Repertor. Inquisit. s. v. _Hæreticus_, § _Pertinax_. + +Although simony was the universally corroding vice of the Church, +and although it was reckoned as a heresy, it was too profitable to +the hierarchy ever to be subjected to the Inquisition. In a project +of instructions for the Spanish delegates to the Lateran Council in +1512, simoniacal heresy is denounced as the universal destruction +of the Church, owing to the openness with which it is practised in +Rome and throughout Christendom, and they are told to labor to have +it prosecuted as heresy by the Inquisition--(Döllinger, Beiträge zur +politischen kirchlichen und Cultur-Geschichte, III, 204). + +[820] Fueros de Aragon, fol. 110. For earlier legislation of similar +import see fol. 49 (Zaragoza, 1624). + +[821] Bulario de la Orden de Santiago, Lib. I, fol. 109. The general +council here alluded to was that of Lyons, in 1273. See cap. 1, 2, in +Sexto, Lib. V, Tit. v. This refers back to Concil. Lateranens. III, +ann. 1179, cap. XXV. + +[822] Pragmaticas y altres Drets de Cathalunya, Lib. I, Tit. viii, cap. +1, § 20.--Archivo de Simancas, Inq. de Barcelona, Córtes, Leg. 17, fol. +32.--Páramo, p. 185. + +[823] Archivo de Simancas, Inq., Lib. 933. + +[824] Pragmaticas etc. de Cathalunya, Lib. I, Tit. viii, cap. 2, §§ 20, +35. + +[825] Argensola, Añales de Aragon, Lib. I, cap. liv. + +[826] Llorente, Añales, II, 298. + +[827] Fueros de Aragon, fol. 110. + +[828] Dormer, Añales de Aragon, Lib. II, cap. xli, p. 384. + +[829] Archivo de Simancas, Patronato Real, Inq., Leg. único, fol. 37, +38. + +[830] Simancas de Cath. Instt., Tit. LXVI, n. 3. + +[831] Archivo de Simancas, Inq., Lib. 939, fol. 106. + +[832] Ibidem, Visitas de Barcelona, Leg. 15, fol. 20. + +[833] Archivo hist. nacional, Inq. de Valencia, Leg. 100.--MSS. of Am. +Phil. Society. + +[834] Collect. Decret. S. Congr. S. Officii, p. 125 (MS. _penes +me_).--Decreta S. Congr. S. Inquisit., pp. 36, 515 (Bibl. del R +Archivio di Stato in Romæ, Fondo camerale, Congr. del S. Officio, Vol. +3). + +[835] Archivo de Simancas Inq., Lib. 21, fol. 198. + +[836] Birch, Catalogue of MSS. of Inq. of Canaries, II, 541, 542, 559, +560. + +[837] MSS. of David Fergusson Esq.--Archivo de Simancas, Inq., Lib. +1002. + +[838] Catálogo de las causas seguidas ante el Tribunal de Toledo, p. +325. + +[839] Archivo hist. nacional, Inq. de Valencia, Leg. 100. + +[840] Archivo de Simancas, Inq., Lib. 1. + +[841] Ibidem, Lib. 9, fol. 6. + +[842] Ibidem, Sala 40, Lib. 4, fol. 164, 266. + +[843] Ibidem, Lib. 939, fol. 106. + +[844] Ant. Rodríguez Villa, La Corte y Monarquía de España, p. 95. + +[845] Cartas de Jesuitas (Mem. hist. español, XIII, 9, 11, 13-17, 19, +24, 27, 67-71, 73, 78-9, 119, 181, 185, 230; XIV, 395; XVII, 218; +XVIII, 52, 59, 81, 105-17).--Juan de Palafox, Epist. III ad Innoc. X, +n. 126 (Obras, XI, 107).--Theatro Jesuitico, p. 375.--Morale pratique +des Jesuites (Cologne, 1684). + +[846] Cartas de Jesuitas (_loc. cit._, XIX, 187). + +[847] Archivo de Simancas, Inq., Lib. 38, fol. 12, 216, 260, 319, 320, +321, 326. + +[848] Archivo de Simancas, Inq., Lib. 559. + +[849] Archivo hist. nacional, Inq. de Toledo, Leg. 1. + +[850] Archivo hist. nacional, Inq. de Valencia, Leg. 100. + +[851] Archivo de Simancas, Inq., Lib. 939, fol. 64. + +[852] Royal Library of Berlin, Qt. 9548. + +[853] Semanário erúdito, XI, 274. + +[854] Archivo hist. nacional, Inq. de Toledo, Leg. 1. + +[855] Ibidem. + +[856] Archivo de Simancas, Inq., Sala 39, Leg. 4, fol. 80. + +[857] Archivo hist. nacional, Inq. de Toledo, Leg. 111, n. 49. + +[858] Bibl. nacional, MSS., Mm, 130. + +[859] Joaquin Lorenzo Villanueva, in "Discusion del Proyecto sobre el +Tribunal de la Inquisicion," p. 432 (Cádiz, 1813). + +[860] V. de la Fuente, Hist. ecles., III, 381. + +[861] Clément, Journal, II, 124. + +[862] Archivo hist. nacional, Inq. de Valencia, Leg. 100. + +[863] Archivo hist. nacional, Inq. de Valencia, Leg. 365, n. 46, fol. +56. + +[864] Ibidem, Leg. 4, n. 3, fol 58. + +[865] MSS. of Am. Philos. Society. + +[866] Llorente, Hist. crít., cap. XXIX, art. iii, n. 2; cap. +XLVI.--Muriel, Hist. de Carlos IV (Mem. hist, español, XXXIII, 154). + +Llorente tells us that he pursued the task confided to him by Abad and +in 1797 produced his "Discursos sobre el órden de procesar del Santo +Oficio" which, in 1801, expand him to a smart persecution.--Memoria +histórica, p. 11 (Madrid, 1812). + +[867] Muriel (_loc. cit._, XXXI, 190).--Lafuente, Hist. gen. de +España., XXII, 124.--V. de la Fuente, Hist. ecles., III, 400. + +[868] Discusion del Proyecto, p. 473 (Cádiz, 1813). + +[869] Somoza de Montsoriu, Las Amarguras de Jovellanos, pp. 47-8 +(Gijon, 1889). + +[870] Somoza, _op. cit._, pp. 301-5.--Muriel, _op. cit._, XXXII, 117. +For the orthodoxy of Jovellanos, see Menéndez y Pelayo, III, 287-90. + +[871] Somoza, _op. cit._, pp. 57-60.--Discurso histórico-legal sobre +el Origen, Progresos y Utilidad del Santo oficio, p. 101 (Valladolid, +1803). + +[872] Somoza, _op. cit._, pp. 77-84, 86-90, 141-2, 312-20.--Cean +Bermúdez, Memorias para la Vida de D. Gaspar Melchor de Jove Llanos, p. +81 (Madrid, 1814). + +[873] Llorante, Hist. crít., cap, XLII, art. ii, n. 1-18.--Muriel, _op. +cit._, xxxiv, 110-19.--Menéndez y Pelayo, III, 172-3. + +[874] Respuesta pacífica de un Español á la Carta sediciosa del Frances +Grégoire, que se dice Obispo de Blois, pp. 3, 31, 63, 74, 75, 76, 87 +(Madrid, 1798). + +[875] Discurso historico-legal sobre el Origen etc. del S. Oficio, pp. +126, 185, 187 (Valladolid, 1803). + +[876] Cartas de un Presbitero español, pp. 3, 7, 98, 121, 123, 129, +152-4 (Madrid, 1798). + +[877] José Clemente Carnicero, La Inquisicion justamente restablecida, +I, 8 (Madrid, 1816).--Toreno, Revolucion etc. de España, I, +160.--Llorente, Hist. crít., cap. XLIV, art. i, n. 19.--Rodrigo, Hist. +verdadera, III, 486.--Menéndez y Pelayo, III, 417. + +[878] See Appendix.--On January 9, 1813, this letter was produced in +the Córtes, by Sr. Arguelles, during the discussion on the suppression +of the Inquisition.--Discusion del Proyecto, p. 143. + +[879] Menéndez y Pelayo, III, 386-7. For a vivid sketch of the +adventurous life of Marchena see Antoine de Latour, "Espagne, +Traditions, Moeurs el Littérature, p. 51 (Paris, 1869). + +[880] Carnicero, _op. cit._, I, 9.--Código de José Nap. Bonaparte, Tit. +XIII, § 5 (Madrid, 1845). + +[881] Discusion del Proyecto, p. 148. + +[882] Toreno, Historia de la Revolucion, III, 106 (Paris, 1838). + +[883] Archivo hist. nacional, Inq. de Valencia, Leg. 100. + +[884] Puigblanch, La Inquisicion sin Mascara, p. 429. + +[885] Toreno, _op. cit._, II, 197-202. + +[886] Marliani, Histoire de l'Espagne moderne, I, 171. + +[887] Even Evaristo San Miguel, one of the _exaltados_ of 1822 who, +as secretary of State, was largely responsible for the follies which +invited the French intervention of 1823, admits the errors of the +Córtes of Cádiz. The Constitution of 1812, he says, was an exotic that +took no root in the soil; the mass of the people, plunged in ignorance +and misery, knew of it only by hearing from their spiritual guides that +it was a tissue of impieties.--De la Guerra Civil de España, p. 88 +(Madrid, 1836). + +[888] Toreno, II, 208, 211, 223, 249.--Coleccion de los Decretos y +Ordenes que han expedido las Córtes Generales, I, 1-3 (Madrid, 1820). + +[889] Vélez, Apología del Altar y del Trono, I, 107-10, 113-19, 211-12 +(Madrid, 1825).--Coleccion de Decretos, I, 16. + +[890] These letters have been repeatedly reprinted. My edition is of +Madrid, 1824-5 in five volumes. Under the Restoration, Alvarado was +appointed a member of the Suprema, but he can scarce have acted as he +died, August 31, 1814. + +[891] La Inquisicion sin Máscara, pp. 5-12, 28, 299, 480-3 (Cádiz, +1811).--An English translation by William Walton appeared in London, in +1816, with a valuable Introduction. + +[892] Cartas del Filósofo Rancio, I, 86, 87, 96, 98, 262, 265, 268, +297; II, 21, 457, 461. + +[893] Marliani, op. cit., I, 175. + +[894] Tit. I, cap. i, art. 2, 3; Tit. II, cap. ii, art. 12 (Coleccion +de Decretos, II, 98, 100). + +[895] Vélez, Apología, II, 116-27.--Marliani, I, 179.--Carnicero, Hist. +de la Revolucion, III, 160, 184.--Coleccion de Decretos, II, 166; III, +60. + +[896] Vélez, Apología, I, 126-34, 212-13.--Rodrigo, III, 370.--Toreno, +III, 106-7. + +[897] Apología de la Inquisicion, pp. 16-18 (Cadiz, 1811).--Riesco, +in a speech before the Córtes, said that the functions of the Suprema +were suspended on the pretext that its members had not been "purified" +(Discusion del Proyecto, p. 148). All officials who had in any way been +concerned with the French were required to be purified--that is, to +give proofs of patriotism. This so-called purification came repeatedly +in play in the kaleidoscopic changes of Spanish politics. + +[898] Vélez, Apología, I, 214, 384-5, 399-418. + +[899] Vélez, Apología, I, 134-52, 217, 219.--Toreno, III, 105-10. + +[900] Discusion del Proyecto, pp. 40-1, 398. + +[901] Discusion, pp. 38-40.--The law of the Partidas thus revived was +P. VII, Tit. xxvi, ley 2, which says that heretics can be accused by +any one before a bishop or his vicar, who shall examine them on the +articles of faith and sacraments. If error is found he must labor to +convert them by reason and persuasion when, if willing to be converted, +they are to be reconciled and pardoned. If persistent they are to be +handed over to the secular judge for punishment by fire or otherwise. +The revival of the law was only as regards the functions of the bishops. + +[902] Ibidem, pp. 42-7. + +[903] Cartas del Filósofo Rancio, II, 453.--Menéndez y Pelayo, III, +473.--Discusion, pp 215, 229, 397. + +[904] Discusion del Proyecto, pp. 59, 325, 495, 564, 630-9, 683, +687.--Coleccion de Decretos, III, 215, 220.--Archivo hist. nacional, +Inq. de Valencia, Leg. 100.--Archivo de Simancas, Inq., Lib. 890. + +The decree concerning property continued the salaries of all officials. +A subsequent decree of September 13th, regulating the national debt, +applied the property of the _extinguida inquisicion_ to that incurred +in the war with France.--Coleccion, IV, 257. + +[905] Carnicero, La Inquisicion justamente restablecida, II, 115. + +[906] Vélez, Apología, I, 252-4. + +[907] Coleccion de Decretos, III, 26, 30, 66, 137, 211. + +[908] Discusion del Proyecto, pp. 683, 689-94. + +[909] Toreno, III, 204. + +[910] Memoria interesante para la Historia de las Persecuciones de +la Iglesia Católica y de sus Ministros en España, Append., pp. 1-16 +(Madrid, 1814). + +[911] Ibidem, pp. 17-20. + +[912] Manifesto istorico del Cardinale Pietro Gravina, pp. 63-68 (Roma, +1824).--E. Nuñez de Taboada, Le dernier soupir de l'Inquisition, pp. +43-9 (Paris, 1814). + +[913] Memoria interesante, Append., pp. 23-6. + +[914] Toreno, III, 193-203. + +[915] Memoria interesante, pp. ix, x, 58; Append., pp. 27-30.--Vélez, +Apología, I, 262-87. + +[916] Taboada, _op. cit._, pp. 50-71.--Gravina, Manifesto istorico, pp. +68-106. + +[917] Vélez, Apología, I, 303.--Gravina, Manifesto istorico, pp. +106-116, 1-41. + +[918] Vélez, Apología, I, 260. + +[919] It would seem as though some of the tribunals continued to act. +There is a case of a Dominican sub-deacon, Fray Tomas García, who +denounced himself for saying mass to that of Valencia, which forwarded +the sumaria to Cuenca, August 15, 1813.--Archivo hist. nacional, Inq. +de Valencia, Leg. 100. + +[920] Toreno, III, 284-305. + +[921] Carnicero, Historia de la Revolucion, III, 169-76. + +[922] Miraflores, Apuntes para escribir la Historia de España, pp. +11-13 (Londres, 1834). + +[923] Miraflores, Documentos á los que se hace referencia en los +Apuntes, I, 9-23. + +[924] Marliani, I, 195-200.--Toreno, III, 317, 395.--Coleccion de +Decretos, I, 43; V, 87. + +[925] Conservatives concur with Liberals in denouncing the memory of +Fernando. See Menéndez y Pelayo, III, 495 and V. de la Fuente, III, 472. + +[926] Toreno, III, 355-9.--Miraflores, Documentos, I, +30.--Constitucion, art. 3, 144-9, 173, 181, 187 (Coleccion de los +Decretos, V, 148, 153, 182, 185). + +[927] Representacion y Manifiesto que algunos Diputados á las Córtes +ordinarias firmaron en los mayores Apuros de su Opresion en Madrid, pp. +12, 17, 59, 60 (Madrid, 1814). + +[928] Toreno, III, 359, 361-4.--Koska Vayo, Historia de la Vida y +Reinado de Fernando VII, II, 26, 32-5, 377 (Madrid, 1842).--Marliani, +I, 206. + +[929] Coleccion de las Reales Cédulas etc. de Fernando VII, p. 1 +(Valencia, 1814).--Toreno, III, 400.--It would be difficult to find +a more slovenly piece of writing than this celebrated and fateful +manifesto. Its authorship was attributed to Juan Pérez Villamil, the +head of the Regency dismissed by the Córtes in March, 1813.--Toreno, +III, 364. + +[930] Marliani, I, 208-17.--Koska Vayo, II, 48-52.--Toreno, III, 405. + +[931] Menéndez y Pelayo, III, 545. + +[932] Hervaz, Ruiz de Padron y su tiempo, pp. 101-5 (Madrid, +1898).--Archivo de Simancas, Inq., Libro 890.--His speech was issued +in Coruña in 1813, under the title of "Dictamen del Dr. Antonio José +Ruiz de Padron sobre la Inquisicion." Other clerical deputies who +suffered reclusion in convents were Oliveros, in la Cabrera; Gallego, +in the Cartuja de Jerez; Ramos, in that of Valencia; Arispe, in that of +Seville; Lopez Cepero, in the Capuchins of Novelda; Antonio Larrazabal, +wherever the Archbishop of Guatemala might designate, and Bernabeu, in +one not ascertained. Besides these La Canal and Jaime Villanueva were +recluded for editing a periodical.--V. de la Fuente, III, 471. + +[933] Amador de los Rios, III, 555.--When the royal decree of +July 21 was received, August 16th, the cathedral was illuminated +and the bells were rung, followed, August 23d and 24th, by great +solemnities.--Relacion histórica de la Judería de Sevilla, pp. 46-8. + +[934] Rodrigo, III, 480.--Archivo de Sevilla, Seccion VI, 1ª Escribanía +del Cabildo, Tomo 49, n. 14. + +[935] Coleccion de Cédulas de Fernando VII, p. 85. + +[936] Rodrigo, III, 485.--Carnicero, La Inquisicion justamente +restablecida, II, 51. + +[937] Archivo de Simancas, Inq., Lib. 559; 890. + +[938] Archivo de Simancas, Inq., Lib. 559. + +[939] Ibidem, Lib. 890. + +[940] Coleccion de los Decretos, III, 220. + +[941] Archivo de Simancas, Inq., Lib. 559.--See Appendix. + +[942] Ibidem, Lib. 559. + +[943] Ibidem. + +[944] Archivo hist. nacional, Inq. de Valencia, Leg. 17, n. 4, fol. 9, +21, 36, 57, 85, 88, 93. + +[945] Archivo de Simancas, Inq., Lib. 559. + +[946] Archivo de Simancas, Inq., Lib. 559; Lib. 435^{2}. + +[947] Relacion de la Judería de Sevilla, pp. 49-51. + +[948] Archivo hist. nacional, Inq. de Valencia, Leg. 100. + +[949] Archivo de Simancas, Inq., Lib. 890. + +[950] Archivo de Simancas, Inq., Lib. 890. + +[951] Ibidem, Sala 39, Leg. 1473, fol. 29. + +[952] Ibidem, Lib. 890. + +[953] Ibidem. + +[954] Archivo de Simancas, Inq., Lib. 559.--Rodrigo, III, 489. + +[955] Archivo de Simancas, _loc. cit._ + +[956] Archivo de Simancas, Registro de Genealogías, n. 916, fol 4, +12.--Inq., Lib. 435^{2}; Lib. 559; Leg. 1473. + +[957] Archivo de Simancas, Inq., Leg. 1473. + +[958] Ibidem. + +[959] Archivo de Simancas, Inq., Lib. 890. + +[960] L'Espagne et ses Revolutions, p 148--quoted by Marliani, I, 235. +See also Miraflores (Apuntes, pp. 23, 26) who, as an aristocrat, had no +affiliation with the Liberals. + +[961] Many documents were gathered in the streets and sent to the +United States, which have mostly perished through neglect, but some +which were secured by Mr. Andrew Thorndike, then a resident of +Barcelona, were presented, in 1840, to the American Philosophical +Society, through whose courtesy I have been enabled to use them. + +Some cases, from a similar source were translated and printed +in Boston, in 1828, under the title of "Records of the Spanish +Inquisition, translated from the original Manuscripts." + +In Majorca the populace was more aggressive and destroyed the palace of +the Inquisition. + +[962] Koska Vayo, II, 133-54, 170.--Miraflores, Apuntes, pp. 26-37; +Documentos, I, 73-81.--Memorias de Francisco Espoz y Mina, II, +255-72.--Martínez de la Rosa, Examen crítico de las Revoluciones de +España, I, 14-22. + +[963] Urquinaona, La España bajo el Poder arbitrario de la +Congregacion Apostólica, p. 14 (Madrid, 1835).--Miraflores, Apuntes, +pp. 40-5; Documentos, I, 87-91.--Cappa, La Inquisicion española, p. +239.--Rodrigo, III, 495. + +[964] See Appendix. + +[965] Archivo de Sevilla, Seccion VII, 1820-3, Tomo XVII, n. +2.--Rodrigo, III, 495.--Coleccion de los Decretos, VI, 33. + +[966] Archivo de Simancas, Inq., Lib. 435^{3}. + +[967] España venturosa por la vida de la Constitucion y la muerte de la +Inquisicion. Madrid, 1820. + +Of course pamphleteers did not allow the opportunity to escape, but +I have met with only two of their productions--"Memorial de la Santa +Inquisicion á los Señores Ministros de Francia" and "Oracion funebre +en las Exequias que se hicieron á la difunta Inquisicion en el Templo +de Fanatismo de la Villa de Ignorancia, por un Ministro de la misma." +Their only interest lies in their expression of the feelings of the +period. + +[968] Coleccion de Decretos, VI, 64, 141, 155, 258; VII, 57, 60, 245, +251; IX, 384; X, 16, 17, 31. + +[969] H. Brück, Die geheimen Gessellschaften in Spanien, pp. 233-9, +250-60.--V. de la Fuente, III, 477-9. + +[970] Coleccion de los Decretos, VI, 43. + +[971] Modesto Lafuente, XXVII, 83. + +[972] Coleccion de los Decretos, VII, 36. + +[973] Koska Vayo, III, 42. In the reaction of 1823, Villanueva escaped +to England where, as Menéndez y Pelayo tells us (Heterodoxos, III, +527), under the pressure of misery, he nearly or quite embraced +Protestantism. Puigblanch, who was also a refugee, amused himself +with writing violent diatribes against his fellows in misfortune and +especially against Villanueva, who retorted in kind. He died in Dublin, +reconciled to the Church, March 25, 1836, at the age of 80. + +[974] Canto, El Coloso constitucional derrocado (Orihuela, 1823). + +[975] Koska Vayo, III, 181. + +[976] Coleccion de los Decretos, VI, 145; VII, 4, 92, 105. + +[977] Miraflores, Apuntes, p. 65. + +[978] Koska Vayo, II, 317; III, 121. + +[979] Miraflores, Documentos, II, 76, 79.--Koska Vayo, III, 8. + +[980] Miraflores, Documentos, I, 214-25; II, 15. + +[981] Mina, Memorias, III, 16, 111-13, 159, 169. + +[982] Miraflores, Documentos, II, 32-99. + +[983] Ibidem, II, 114-72.--Koska Vayo, II, 317; III, 8.--Mina, +Memorias, III, 88-9.--Châteaubriand, El Congreso de Verona, Traducela +Cayetano Cortés, II, 379-80, 384. + +[984] Miraflores, Documentos, II, 172-4, 177-80. + +[985] Ibidem, pp. 174-6. + +[986] Miraflores, Apuntes, p. 163. + +[987] Ibidem, pp. 172-5. + +[988] Coleccion de los Decretos, X, 162. + +[989] Miraflores, Apuntes, pp. 185, 215; Documentos, II, 284-94--Koska +Vayo, III, 72, 101-12. + +[990] Miraflores, Documentos, II, 240, 244; Apuntes, pp. 189, 191, +194.--Koska Vayo, III, 74. + +[991] Miraflores, Documentos, II, 242. + +[992] Miraflores, Documentos, II, 247-70. + +[993] Koska Vayo, III, 97-8.--Miraflores, Apuntes, pp. 219-21. + +[994] Miraflores, Apuntes, pp. 221-4; Documentos, II, 294-6.--Koska +Vayo, III, 442. + +[995] Koska Vayo, III, 128. + +[996] Ibidem, III, 126-154.--Miraflores, Apuntes, pp. 234-44; +Documentos II, 316-38. + +[997] Koska Vayo, III, 159-64. + +[998] Koska Vayo, III, 175, 184. + +[999] El Congreso de Verona, II, 234, 265, 268, 302, 307, 311, 317, +319, 322, 324, 339, 342.--Martínez de la Rosa, I, 372, 392, 394, +408.--Koska Vayo, III, 319. + +[1000] Koska Vayo, III, 185.--Miraflores, Apuntes, p. 224; Documentos, +II, 296.--Urquinaona, p. 195. + +[1001] Javier de Burgos, Añales del Reinado de Dª Isabel II, I, 46 +(Madrid, 1850). + +A characteristic freak of Fernando was the establishment in Seville +of a school of bull-fighting, with Don Pedro Ramiro at its head, on a +salary of 12,000 reales. When Burgos became minister of Fomento, under +Isabel II, he had the satisfaction of suppressing this. + +[1002] Rodrigo, III, 497.--Miraflores, Documentos, II, 299.--Barrantes, +Aparato para la Historia de Extremadura, III, 43. + +[1003] El Congreso de Verona, II, 283, 302. + +[1004] Koska Vayo, III, 206. + +[1005] Rodrigo, III, 498. + +[1006] Martínez de la Rosa, I, 422.--Koska Vayo, III, 241. + +[1007] Koska Vayo, III, 222. + +[1008] Modesto Lafuente, XXVIII, 453-63; XXIX, 393-5.--Urquinaona, pp. +141-2. + +[1009] Modesto Lafuente, XXVIII, 465-71; XXIX, 7-13.--Koska Vayo, III, +305, 311. + +[1010] Urquinaona, p. 143.--Modesto Lafuente, XXVIII, 475. + +[1011] Archivo hist. nacional, Inq. de Valencia, Leg. 100.--Archivo de +Simancas, Inq., Lib. 890. + +[1012] Archivo hist. nacional, Leg. 463, Hacienda XVI. + +[1013] Archivo hist. nacional, Leg. 6462. + +[1014] Koska Vayo, III, 207. + +[1015] Modesto Lafuente, XXIV, 346.--Menéndez y Pelayo, III, +524.--Vicente de la Fuente, III, 482. + +[1016] Modesto Lafuente, _loc. cit._--V. de la Fuente, _loc. cit._ + +[1017] Pii PP. VIII Const. _Cogitationes nostras_, 5 Oct. 1829 (Bullar. +Roman. Contin., IX, 76). + +[1018] Partidas, P. II, Tit. xv, ley 2. + +[1019] Autos Acordados, Lib. V, Tit. vii, Auto 5. + +[1020] Andrés Muriel, Hist. de Carlos IV (Mem. hist. español, XXIX, +14-29). + +[1021] Juan Pérez de Guzman (Revista de Archivos, April, 1904, p. +267).--Modesto Lafuente, XXIX, 51. + +[1022] Koska Vayo, III, 342, 352, 358-68.--Modesto Lafuente, XXIX. 191. + +[1023] Koska Vayo, III, 369-75, 387.--Modesto Lafuente, XXIX, 152. + +[1024] Koska Vayo, III, 380. + +That the Carlists should regard the opportune resurrection of this +long-buried pragmática as a fraud was not unnatural, but the records +produced in its favor bear every evidence of genuineness. From them it +appears that on May 31, 1789, Carlos IV summoned the Córtes to assemble +on September 23d to take the oath of allegiance to his son Fernando and +to transact other business. The oath was duly taken on that day; on the +30th a petition in the customary form was addressed to the king for the +abrogation of the pragmática of Philip V and the restoration of the +ancient law of succession. The session continued with various acts of +legislation; on October 7th Carlos obtained an approval of the measure +from fourteen archbishops and bishops who had joined in the oath of +allegiance; on October 30th he confirmed the pragmática, but ordered +absolute secrecy to be maintained with respect to it and to this all +concerned took a solemn oath. Still it did not remain wholly unknown +and, in December 1809, Doña Carlota, Princess of Brazil, applied to the +supreme Junta Central, then ruling the kingdom, to have her possible +rights to the succession under it acknowledged. The Junta was sitting +in Seville; the archives were in Madrid, then in possession of the +French, and inquiries were made of such survivors of the Córtes of 1789 +as could be reached, who confirmed the fact of the adoption of the +pragmática and of the secrecy enjoined, whereupon the Consejo de España +é Indias reported in favor of the Portuguese princess's application. +That these records, with their wealth of names and dates and elaborate +details could be manufactured is simply incredible.--Testimonio de las +Actas de Córtes de 1789 sobre la Sucesion en la Corona de España, y de +los Dictámenes dados sobre esta materia; publicado por real decreto de +S. M. la Reina N^{ra} S^{ra}. Año de 1833, Madrid, en la Imprenta Real. + +[1025] Koska Vayo, III, 393-425. + +[1026] Ibidem, p. 437. + +[1027] Quoted by Hervaz, Ruiz de Padron, p. 160. + +[1028] Archivo de Alcalá, Ministerio de Estado, Leg. 897, n. 30; Leg. +906, n. 87, 88.--(See Appendix.) + +It will be remembered that the Duke of Medinaceli was alguazil mayor +of the Madrid tribunal, and as such was drawing a yearly stipend of a +thousand reales. + +[1029] See Appendix. The allusion to the concurrence of the Holy See is +a pure assumption, seeing that, for political reasons, Isabel and the +Regency were not recognised by the papacy for many years. + +[1030] Castillo y Ayensa, Negociaciones con Roma, I, Append, p. 156 +(Madrid, 1859). + +[1031] Antequera, Historia de la Legislacion española, p. 419 (Madrid, +1884). + +[1032] Soler, Un Milagro y una Mentira, p. 5 (Valencia, 1858). + +[1033] Menéndez y Pelayo, III, 682-3, 686.--Hermann Dalton, Die +evangelische Bewegung in Spanien, pp. 40-5 (Wiesbaden, 1872). + +[1034] A. Luque y Vicens, La Inquisicion, su Pro y su Contra, Segunda +Edicion, Madrid, 1859. + +[1035] Parades, Curso de Derecho político, p. 720 (Madrid, 1883). + +[1036] Novísimo Código penal, arts. 236-41 (Valencia, 1872, pp. 126-7). + +[1037] Paredes, _op cit._, p. 666. + +[1038] See the very interesting collection of papers published by the +_Ateneo Cientifico y Literario_ of Madrid under the title _Oligarquia y +Caciquismo como la forma actual de Gobierno en España; urgencia y modo +de cambiarla_ (Madrid, 1903). + +This Caciquism is described as "a despotism a hundred times worse than +that of the absolute kings" (p. 33). + +[1039] Reconstitucion y Europeizacion de España, pp. 113, 123, 289 +(Madrid, 1900).--Ricardo Macías Picavea, El Problema nacional, p. 304 +(Madrid, 1899). + +Another eloquent exposition of the deplorable condition of public +affairs in Spain is Doctor Madrazo's _El Pueblo español ha muerto?_ +(Santander, 1903). + +[1040] Relazioni Venete, Serie I, T. V, p. 463. + +[1041] Clemencin, Elogio de la Reina Isabel, p. 302 (Madrid, 1821). + +[1042] Cabrera, Relaciones, _passim_; Append. pp. 582-3.--Relazioni di +Ambasciadori Lucchesi, pp. 29, 31 (Lucca, 1903). + +[1043] Cespedes y Meneses, Don Felipe Quarto, Lib. II, cap. i, x. + +[1044] A. Rodriguez Villa, La Corte y Monarquía de España, p. 110 +(Madrid, 1886). + +[1045] Zanctornato, Relazione della Corte de España, pp. 76-82 +(Cosmopoli, 1672). + +[1046] Relasioni Venete, Serie I, T. V, p. 396. + +[1047] The Córtes of 1570 complained of the sale of _hidalguias_, which +were bought by the richer taxpayers, whose burden was thus thrown on +the poor and miserable. To this Philip II replied that his necessities +compelled him to it, but that more consideration would be shown in +future.--Córtes de Cordova del año de setenta, fol. 5 (Alcalá, 1575). + +By the censuses of 1768 and 1787 the exempt classes were-- + +1768. 1787. Hidalgos 722,794 480,589 Clergy 183,965 151,973 ------- +------- 906,759 632,562 + +Floridablanca felicitated himself on the reduction thus shown in the +exemptions, resulting from greater strictness in admitting claims, +while the population had increased from 9,309,804 to 10,409,879.--Censo +español en el año de 1787. + +[1048] Dávila, Vida de Felipe III, p. 216. + +[1049] Libro de las Cincas Excelencias del Español que despueblan á +España, fol. 163, 170 (Pamplona, 1629). + +[1050] Representacion al Rey D. Felipe V dirigida al mas seguro aumento +del Real Erario. Hecha por D. Miguel de Zavala y Auñon, pp. 7-35, 74-97 +(Madrid, 1732). + +It should be observed that in none of the descriptions of the burdens +imposed on the peasantry is any allusion made to what perhaps was the +most grievous of all, both in amount and method of collection--the +tithe by which the enormous church establishment was supported. This +was wholly beyond control by the secular power and was therefore left +out of consideration. + +In 1820, Dr. Sebastian de Miñano, in his _Cartas del Pobrecito +Holgazan_, gives a graphic picture of the ecclesiastical burdens of the +peasant--the first fruits, the tithes and the obligatory "almsgiving" +to all the neighboring convents.--Ochoa, Epistolario español, II, 616. + +[1051] Jovellanos, Informe en el Expediente de Ley Agraria (Obras, VII, +165-8). + +The trouble still exists. In 1898 the Chamber of Agriculture of Upper +Aragon states that notwithstanding large subventions to railroads +and highways the greater part of the population is as isolated +as ever, and it urges the expenditure of 400 or 500 millions of +pesetas to convert 250,000 kilométres of mule-track into cheap wagon +roads.--Reconstitucion de España, pp. 24, 89. + +[1052] Córtes de Leon y de Castilla, II, 344.--Jovellanos, Informe, pp. +48-80. + +The exorbitant privileges of the Mesta were largely curtailed by the +Córtes of Cádiz, but were promptly restored by Fernando VII, in a +decree of October 2, 1514 (Coleccion de Cédulas etc., p. 170). + +[1053] Zavala y Auñon, pp. 104-30.--Jovellanos, p. 44. + +[1054] Relazioni Lucchese, p. 29.--For the multifarious laws respecting +the coinage see _Autos Acordados_, Lib. V, Tit. xxi. + +[1055] Discorsos apolóxicos (Coll. de Doc. inéd., LXXI, 220). + +[1056] I owe this passage to Professor James Harvey Robinson's +"Readings in European History," II, 25. + +[1057] Colmeiro, Córtes de los antiguos Reinos, II, 223. + +[1058] Relazioni Venete, Serie I, T. III, p. 256, 287; V, 18; VI, 360. + +[1059] Relazioni Lucchese, pp. 58, 70. + +[1060] Discurso político (Semanario erúdito, II, 143). + +A modern writer attributes to the infusion of Saracen blood this +characteristic--"este carácter indolente y apático, que nos impede +llegar á tiempo en nuestras empresas, ó que no nos consiente llevarlas +á termino bien cumplido."--Madrazo, El pueblo español ha muerto? p. 29 +(Santander, 1903). + +[1061] Francisco Santos, El No Importe de España, pp. 149, 203 (Madrid, +1668). + +[1062] Dávila, Vida de Felipe III, p. 216. + +[1063] Pedro Fernández Navarrete, Discursos políticos, fol. 66 +(Barcelona, 1621). + +See also his later _Conservacion de Monarquias_, Discurso XLVI (Madrid, +1626) where he states that there were thirty-two universities and more +than four thousand grammar-schools where Latin was taught. + +[1064] Semanário erúdito, XXVI, 108.--Jovellanos, Informe, p. 154. + +[1065] Relazioni Lucchese, p. 89. + +[1066] Semanário erúdito, VII, 167, 169. + +[1067] Juan de Valera, Disertaciones y Judicios literários, p. 201 +(Madrid, 1878).--Reconstitucion de España, p. 29. + +[1068] See the very instructive sketch by D. Antonio Rodríguez Villa, +"Patiño y Campillo," Madrid, 1882. + +[1069] Vida política y ministerial del Conde de Floridablanca. This, I +believe, has never been printed. My copy is in MS. + +[1070] Córtes de los antiguos Reinos, I, 605; II, 55, 66, 134, 140, 143. + +[1071] Córtes de los antiguos Reinos, 1, 2, 24, 42, 43, 51, 244, 246, +289, 291, 360-1, 470.--Fuero viejo, Lib. v, Tit. ii, ley 1; Lib. I, +Tit. i, ley 3. + +[1072] Córtes etc. III, 339-40. + +[1073] Ibidem, 516-18.--Autos acordados, Lib. V, Tit. x, Auto 1. + +[1074] Colmeiro, Córtes, II, 88, 98, 121, 147, 163, 168, 180, 192, 199, +207.--Córtes de Madrid del año de Setenta y tres, Peticion 57 (Alcalá. +1575). + +[1075] Bleda, Coronica de los Moros, pp. 864, 1025. + +[1076] Salazar, Crónica del Gran Cardenal de España, Lib. I, cap. 68 +(Madrid, 1625). + +[1077] Dávila, Vida de Felipe III, p. 216. + +[1078] Cespedes y Meneses, Don Felipe Quarto, Lib, II, cap. 10. + +[1079] Cartas de Jesuitas (Mem. hist. español, XIII, 86). + +[1080] Autos Acordados, Lib. IV, Tit. i, Auto 4. + +[1081] Llorente, Coleccion diplomática, p. 44. + +[1082] Autos Acordados, Lib. V, Tit. x, Auto 3. + +[1083] C. Trident. Sess. XXI, De Reform. cap. 2; Sess. XXIII, De +Reform. cap. 4, 5, 7, 10, 11, 12, 13, 14; Sess. XXV, De Reg. et Mon. +cap. 3. + +[1084] Innocent. PP. XIII, Constit. _Apostolici ministerii_, 13 Maii, +1723. Confirmed by Benedict XIII, September 23, 1724 (Bullar. Roman. +XIII, 60). + +[1085] Semanário erúdito, X, 149-58. + +[1086] Ibidem, VII, 172, 182-4; VIII, 231-33. + +[1087] Novís. Recop., Lib. 1, Tit. v, leyes 14, 15, 17, 18. Under +Carlos III the numbers of the clergy were: + +1768. 1787. Parish priests 15,639 16,689 Beneficed clergy, vicars etc. +51,408 42,707 Regular clergy, males 55,453 47,515 Do. Do. females +27,665 24,559 Servants, sacristans, acolytes, etc. 25,248 16,376 +Treasurers of religious houses 8,552 4,127 -------- -------- 183,965 +151,973 + +The falling off in 1787 is probably due to greater rigor in +scrutinizing claims to exemption. + +[1088] Relazioni Venete, Serie I, T. V, p. 19. + +[1089] Ricordi sulla Spagna nell'anno 1853 (Ibidem, III, 469). + +[1090] Conservacion de Monarquías, Discurso XLV. + +[1091] Bibl. nacional, MSS., D, 118, fol. 146, n 49. + +[1092] Relazioni Venete, Serie I, T. V, p. 450. + +[1093] Ibidem, T. VI, p. 378.--Zanetornato, p. 88. + +The _subsidio_ was a grant from Paul IV to arm sixty galleys, a purpose +which was speedily forgotten. The _excusado_ was a grant from Paul V +empowering the king to claim in each parish the tithe of the largest +tithe-payer, but it led to difficulties in collecting and was commuted. + +[1094] Archivo de Simancas, Inquisicion de Granada, Expedientes varios, +Leg. 2. + +[1095] Jovellanos, Informe, p. 88. + +[1096] Marina, Teoria de las Córtes, P. I, cap. xiii, n. 24 (Madrid, +1820). + +The burden of the tithe was the same in France under the _ancien +régime_. As a recent writer remarks "Les dimes étaient une des plus +lourdes, peutêtre même celle qui pesait sur les campagnes de la façon +la plus générale et la plus fâcheuse ... on ne devrait pas oublier +que le droit en lui-même était, le plus souvent, bien moins odieux, +moins funeste, que les abus auxquels il donnait lieu ou servait de +prétexte."--Edme Champion, La Séparation de l'Eglise et de l'Etat en +1794 (Paris, 1903). + +The tithes and first fruits were by no means the only ecclesiastical +exaction which impoverished the husbandman. An anonymous _Presbítero +secular_ who, in 1828, vigorously defended the temporalities of the +Church, candidly admits the oppressiveness of some of its revenues. +Among those enumerated was one known as _Luctuosa_--the right to the +best head of cattle on the death of the peasant. The lay lords had +mostly commuted this for a small money payment, but the clergy farmed +it out and the farmers exacted it with the utmost rigor, not only on +the death of the head of a family but on that of every member, so +that the survivors, in the hour of bereavement, were often stripped +of the means of cultivating their holdings. In 1787 the people of the +see of Lugo, after a long struggle, obtained from Carlos III a decree +restricting it to the death of the head of the family and commuting it +to a money payment of sixty reales when four head of cattle were owned +and lesser sums for a smaller number.--Historia y Origen de las Rentas +de la Iglesia de España, pp. 90-7 (Madrid, 1828). + +This exaction was by no means confined to Spain. See Burn's Law +Dictionary s. v. Heriot and Du Cange s. vv. _Hereotum_, _Luctuosa_. + +[1097] Breve Memoria (Döllinger, Beiträge zur polit. kirchl. u. +Cultur-Geschichte, III, 203). + +[1098] C. Hispalens. ann. 1512, cap. 13, 17, 23, 26, 27 (Aguirre, T. +V).--Barrantes, Aparato para la Hist. de Extremadura, I, 469. + +[1099] De justa Hæreticorum punitione, Lib. III, cap. 5. + +[1100] Comentarios, fol. 167, 260. + +[1101] Archivo de Simancas, Patronato Real, Inq., Leg. único, fol. 76. + +[1102] Synod. Oriolan., ann. 1600, cap. xxviii (Aguirre, VI, 457). + +[1103] Alphonsus a Castro adversus Hæreses, Lib. I, cap. xii. + +[1104] Relazioni Venete, Serie I, T. V, p. 79. + +[1105] Col. de Doc. inéd., V, 83, 85. + +[1106] Bleda, Corónica de los Moros, p. 910.--See Bonifacii PP. VIII. +Bull. _Unam Sanctam_ (Extrav. Commun., Lib. I, Tit. VIII, cap. 1). Also +the _De Regimine Principum_, Lib. III, cap. x, xiii, xix, which passes +under the name of Aquinas. + +[1107] Picatoste, La Grandeza y Decadencia de España, III, 192 (Madrid, +1887). + +[1108] Relazioni Venete, Serie I, T. II, p. 208. + +[1109] Dávila, Hist. de Felipe III, Lib. II, cap. lvii. + +[1110] Bulario de la Orden de Santiago, Lib. V, fol. 93, 95, 97. + +[1111] Relazioni Venete, Serie I, T. I, pp. 341-2; II, 61, 213; III, +222-3. + +[1112] Sandoval, Vida del Emp. Carlos V, II, 740, 777, 792 (Barcelona, +1625). + +[1113] Gachard, Correspondance de Philippe II, Tom. II, 27, 44, 58; +III, 588. + +[1114] Pallavicini, Hist. Conc. Trident., Lib. XIV, cap. xi, n. 2. + +See also the letter of St. Pius V, April 26, 1569, to the Duke of Anjou +(Henry III) congratulating him on his victory over the Huguenots at +Jarnac, and urging him to show himself inexorable to those who should +plead for mercy towards heretics and rebels.--Pii Quinti Epistolar. +Lib. V, p. 168 (Antverpiæ, 1640). + +[1115] Testamento y Codicilo del Rey Don Felipe II, p. 14 (Madrid, +1882). + +[1116] Relazioni Lucchese, p. 16. + +[1117] In his instructions to Colonel Lockhart, his envoy to France +after the negotiation of the treaty of 1656, Cromwell tells him to +explain to Cardinal Mazarin "what my principles are which led me to a +closure with France rather than with Spaine ... viz. that the one gives +libertie of conscience to the professors of the Protestant religion and +the other persecuteing it with losse of life and estate."--Prof. C. H. +Firth, in English Historical Review, October, 1906, p. 744. + +[1118] Coleccion de Tratados de Paz; Phelipe IV, P. VII, p. 685. + +[1119] MSS. of Bodleian Library, Arch Seld., 130. + +[1120] A. de Castro adv. Hæreses, Lib. I, cap. xiii. + +[1121] Comentarios, fol. 209. + +Spain was not exceptional in this. In 1700, a pastoral of Archbishop +Precipiano of Mechlin describes with equal energy this profanation of +saints' days.--Collectio Synodorum Archiep. Mechliniensis, II, 434 +(Mechliniæ, 1829). + +[1122] Relazioni Venete, Serie I, T. V, p. 18.--In 1565, Giovanni +Soranzo makes the same statement and both remark on the facility with +which Spanish troops passed over to the infidel--Ibid, p. 82. + +[1123] Aspilcueta de Oratione, cap. v, n. 25-35. + +It was not until 1772 that Carlos III prohibited, in the churches of +Madrid, the dances and _gigantones_ and _tarascas_, or great pasteboard +figures of giants and serpents, in the processions, as causing disorder +and interfering with devotion; and in 1780 this was extended over the +whole kingdom.--Novís. Recop., Lib. I, Tit. i, ley 12. + +[1124] Santos, El no Importe, pp. 107-31.--For a similar description +by Juan de Zabaleta see his "El dia de fiesta," Obras, p. 166 (Madrid, +1728). The _El no Importe_ was reprinted in 1787. + +These profanities were not confined to Spain and were condemned +by the Council of Tours in 1583 and by Archbishop Precipiano of +Mechlin, in 1700.--Concil. Turonens., ann. 1583, Tit. xv (Harduin X, +1424).--(Collect. Synod. Mechlin., II, 436). + +[1125] Bibliothèque nationale de France, fonds Dupuy, no. 589, fol. 30. + +[1126] Relacion del Auto de fe de 1733. Discurso isagogico, § 2 (Lima, +1733). + +[1127] P. Ricardo Cappa, S. J., La Inquisicion española, Madrid, 1888. + +[1128] Don A. Rodríguez Villa has printed the essential portions of +this memorial in the _Boletin_ for July--September 1906, pp. 87-103. It +is anonymous and without date, though he tells us that a note on the +MS., in a contemporary hand, attributes it to P. Hernando de Salazar or +to D. Diego Serrano de Silva, of the Suprema. It is unquestionably by +a member of the Suprema, for no one else would have such knowledge of +the internal affairs of the Inquisition or discourse of them so freely, +even to the sovereign. Allusion to the successes of the Dutch in Brazil +assign it to the time, between 1620 and 1630, when there was so much +discussion as to the Portuguese New Christians (see Vol. III, p. 275), +to which this paper was doubtless a contribution. + +[1129] Oligarquía y Caciquismo, pp. 22, 679 (Madrid, 1903). + +[1130] Doctor Madrazo, while deploring the antinational policy of +the ecclesiastical establishment, bears emphatic testimony to the +individual virtues of the clergy, regular and secular and their efforts +to realize, each in his own sphere, the ideal of Christianity. He +attributes their influence on Spanish policy to the power possessed +by the papacy of precipitating through them at any moment a Carlist +revolt.--El Pueblo español ha muerto? pp. 140-6 (Santander, 1903). + +In a very thoughtful paper, Professor Rafael Altamira and his +colleagues of the University of Oviedo allude to the theocratic +reaction which opposes all progress in the direction of toleration +and culture and which threatens a civil war that would be the end of +Spain.--Oligarquía y Caciquismo, p. 192. + +[1131] Relazioni Venete, Serie I, T. VI, p. 371; T. V, p. +288.--Spicilegio Vaticano, I, 461.--Relazioni Lucchese, p. 21. + +[1132] Ortí y Lara, La Inquisicion, p. xiv.--Macias Picavea, El +Problema, p. 229. + +[1133] This is largely the case in the detail often given of the +practices of sorcery. For these there might be some excuse offered, but +there is none when wholly superfluous descriptions are included of vice +too nauseous to bear transcription. + +[1134] Corella, Praxis Confeseionis, P. II, Perorat. n. 3.--Picatoste, +III, 113-23, 158, 162.--Villa, La Corte y Monarquía, p. xvi. + +[1135] Chapters from the Religious History of Spain, p. 102. + +[1136] Döllinger u. Reusch, Moral-Streitigkeiten, I, 319. + +[1137] For this social anarchy see Picatoste, III, 86-9. + +[1138] Roda, Dictamen á una Consulta (MS. _penes me_). + +[1139] Archivo de Simancas, Inq., Lib. 69, fol. 2, 8. + +[1140] Corpo Diplomatico Portugues, III, 247. + +[1141] Relazioni Venete, Serie I, T. II, p. 40; T. III, p. 252; T. V, +pp. 22, 83, 144, 288, 392, 485; T. VI, pp. 367, 412. + +[1142] Erasmi Epistolæ, Auctarium, p. 114 (Londoni, 1642). + +[1143] Mariana, Hist. de España, Lib. XXIV, cap. xvii. + +[1144] Archivo de Simancas, Inq. de Barcelona, Córtes, Leg. 17, fol. 74. + +[1145] Historia verdadera, III, 509. + +[1146] Die Kirchengeschichte von Spanien, Bd. III, Abt II, p. 74.--Cf. +Hefele, Der Cardinal Ximenes, pp. 327 sqq. + +Father Gams exposes his ignorance when he tells us that he excludes the +burnings for other crimes than heresy, as if there were such, except +the rare cases of unnatural crime in Aragon. He even implies that the +Inquisition burnt for usury and smuggling. + +[1147] Hist. crít., T. IX, pp. 209, 211, 213, 214 (Madrid, 1822). + +The total of Llorente's extravagant guesses, from the foundation of the +Inquisition to 1808, is: + +Burnt in person 31,912 Burnt in effigy 17,659 Heavily penanced 291,450 +------- 341,021 + +Hist. crít, IX, 233. + +This is slightly modified by Gallois in his abridgement of Llorente's +work (Histoire abregée de la Inquisition d'Espagne, 6^{e} Ed., p. +351-2, Paris, 1828). He gives the figures: + +Burnt alive 34,658 Burnt in effigy 18,049 Condemned to galleys or +prison 288,214 ------- 340,921 + +It will be observed that Gallois unscrupulously classifies all personal +relaxations as burnings alive and all penances as galleys or prison. + +[1148] Hist. de los Judíos de España, III, 492-3. + +[1149] Procedimientos de la Inquisicion, I, 116-17 (Madrid, 1886). + +[1150] Pulgar, Cronica, P. II, cap. lxxvii. + +[1151] L. Marinæi Siculi de Reb. Hispan., Lib. XIX.--Illescas, Hist. +Pontifical, P. II, Lib. VI, c. xix.--Mariana, Hist. de España, Lib. +XXIV, cap. xvii.--Páramo, p. 139.--Garibay, Comp. Hist., Lib. XVIII, +cap. xvii. + +[1152] Hist. de los Reyes Católicos, cap. xliv. + +[1153] Zuñiga, Annales de Sevilla, año 1524, n. 3--Varflora, Compendio +de Sevilla, P. II, cap. 1. + +[1154] Bernáldez, _ubi sup._ + +[1155] Lalaing, Voyage de Philippe le Beau (Gachard, Voyages des +Souverains, I, 203). + +[1156] Zurita, Añales, Lib. XX, cap. xlix. The fact that so careful an +historian as Zurita, who sought everywhere for documentary evidence, +had no official statistics to cite shows that none such existed in the +Suprema relating to the early years of the Inquisition. + +[1157] Relazioni Venete, Serie I, T. II, p. 40. + +[1158] Archivo hist. nacional, Inq. de Toledo, Leg. 262.--It is +possible that these figures may be only of residents of Ciudad Real. +Páramo (p. 170) states the numbers for the tribunal, during its two +years of existence, at 52 relaxations in person, 220 in effigy and 183 +reconciliations. The record just cited gives for Ciudad Real, from +1484 to 1531, 113 relaxed in person, 129 in effigy, 16 reconciled, 11 +penanced, 19 absolved, 3 discharged on bail and 8 of which the sentence +is not stated--all, apparently, residents of the town. + +[1159] Relacion de la Inquisicion Toledana (Boletin, XI, 292 sqq). + +The Córdova tribunal also burned 90 residents of Chillon, who had been +duped by the prophetess of Herrera (Ibidem, p. 308). + +[1160] Hist. crit., IX, 210. + +[1161] See Appendix of Vol. I. It must be borne in mind that, in the +early years, small autos were held elsewhere than in the centres. Thus, +in the _Libro Verde_ there are allusions to them in Barbastro, Huesca, +Monzon, Lérida and Tamarit (Revista de España, CVI, 250-1, 263-4, 266). +The aggregate for these, however, would make little difference in the +totals. + +[1162] Libro Verde (Revista de España, CVI, 570-83). The relaxations by +years were: + +1483--1 1495--9 1512--4 1542--1 1485--4 1496--1 1520--1 1543--1 +1486--26 1497--18 1521--2 1546--2 1487--25 1498--2 1522--1 1549--1 +1488--13 1499--13 1524--1 1561--4 1489--2 1500--5 1526--1 1563--1 +1490--1 1502--2 1528--2 1565--1 1491--10 1505--1 1534--1 1566--1 +1492--15 1506--5 1535--1 1567--2 1493--11 1510--1 1537--1 1574--2 +1494--1 1511--5 1539--1 + +The number in 1486-7-8 is attributable to the assassination of San +Pedro Arbués. + +[1163] Carbonell de Gestis Hæret. (Col. de Doc. de la C. de Aragon, +XXVII, XXVIII). + +[1164] Archivo hist. nacional, Inq. de Valencia, Leg. 98, 300. + +[1165] Cronicon de Valladolid (Col. de Doc. inéd., XIII, 176-9, 187). + +[1166] Archivo de Simancas, Inq., Lib. 595. + +[1167] MSS. of Library of Univ. of Halle, Yc, 20, T. I. + +[1168] Archivo hist. nacional, Inq. de Toledo, Leg. 1. + +[1169] Archivo de Simancas, Inq., Lib. 1020. + +[1170] Royal Library of Berlin, Qt. 9548. + +To illustrate the discrepancy between the facts as stated above and the +reckless computations of Llorente, which have been so largely accepted, +it may not be amiss to compare the facts with the corresponding figures +resulting from his system of calculation, for the tribunals and periods +named: + +Records. Llorente. Toledo, 1483-1501. Relaxed in person 297 666 Relaxed +in effigy 600 433 Imprisoned, about 200} Reconciled under edicts 5200} +6,200 Do. 1575-1610. Relaxed in person 11 252 Relaxed in effigy 15 120 +Penanced 904 1,396 Do. 1648-1794. Relaxed in person 8 297 Relaxed in +effigy 63 129 Penanced 1094 1,188 up to 1746. Saragossa, 1485-1502. +Relaxed in person 124 584 Relaxed in effigy 32 392 Penanced 458 7,004 +Barcelona, 1488-98. Relaxed in person 23 432 Relaxed in effigy 430 316 +Imprisoned 116} Reconciled under edicts 304} 5,122 Valencia, 1485-1592. +Relaxed in person 643 1,538 Relaxed in effigy 479 869 Tried 3104 16,677 +penanced. Valladolid, 1485-92. Relaxed in person 50 424 Relaxed in +effigy 6 312 Penanced ? 3,884 Majorca, 1488-1691. Relaxed in person +139 1,778 Relaxed in effigy 482 978 Penanced 975 17,861 All tribunals, +1721-27. Relaxed in person 77 238 Relaxed in effigy 74 119 Penanced 811 +1,428 + +It will thus be seen how entirely fallacious was the guess-work on +which Llorente based his system. + +An even more conclusive comparison is furnished by the little tribunal +of the Canaries. After 1524, Llorente includes it among the tribunals +by which he multiplies the number of yearly victims assigned to each. +He thus makes it responsible, from first to last, for 1118 relaxations +in person and 574 in effigy. Millares (Historia de la Inquisicion en +las Islas Canaries, III, 164-8) has printed the official list of the +_quemados_ during the whole career of the tribunal, and they amount +in all to eleven burnt in person and a hundred and seven in effigy. +The number of the latter is accounted for by the fact that, to render +its autos interesting, it was often in the habit of prosecuting _in +absentia_ Moorish and negro slaves who escaped to Africa after baptism +and who thus were constructively relapsed. + +Dr. Schäfer (Beiträge, I, 157), after an exhaustive examination of the +accessible records, has collected references to 2100 persons tried +for Protestantism during the second half of the sixteenth century. +Protestants were punished with special severity, but in these cases the +total of relaxations in person was about 220 and in effigy about 120, +and all these, as we have seen, were largely foreigners. + +[1171] Bernáldez, Hist. de los Reyes Católicos, cap. xliv. + +[1172] Archivo de Simancas, Inq., Lib. 979, fol. 40. + +[1173] Garau, La Fee triunfante, pp. 86, 91. + +It should not be forgotten that it was only in 1790 that in England the +burning of women for high and petty treason was commuted to drawing and +hanging by 30 Geo. III, cap. 48 (Statutes at Large, XVI, 57). + +[1174] Juan de Valera, Del Influjo de la Inquisicion (Disertaciones, +p. 108).--Menéndez y Pelayo, II, 707.--Ortí y Lara, La Inquisicion, p. +270.--P. Ricardo Cappa, La Inquisicion española, p. 146. + +[1175] Estudio del Maestre Nebrija, pp. 53-7, 97 (Madrid, 1879). + +[1176] Historía de España, Prólogo. + +[1177] Las Cinco Excelencias del Español, fol. 49, 52 (Pamplona, 1629). + +[1178] See tracts by Laurean Pérez of Salamanca and Gerónimo López of +Saragossa in Bodleian Library, A, Subt. 16. + +[1179] Revista crítica de Historia y Literatura, T. VI, p. 6. + +[1180] Ochoa, Epistolario español, II, 182. + +[1181] Elógio de la Reina Católica Doña Isabel, p. 51 (Madrid, 1821.) + +[1182] Del Influjo de la Inquisicion (Disertaciones, pp. 108, 121). + +[1183] Strype's Memorials, II, 214-15.--Burnet's Reformation, Vol. II, +Collections, n. 33.--XXIX Car. II, c. 9 (Statutes at Large, II, 390). + +[1184] Archivo de Simancas, Inq., Lib. 942, fol. 53.--MSS. of Royal +Library of Copenhagen, 218^{b}, p. 200.--See Appendix. + + * * * * * + +Typographical errors corrected by the etext transcriber: + +Arcihvo de Simancas=> Archivo de Simancas {pg 25 n.} + +The technicalties=> The technicalities {pg 115} + +It if were religious=> If it were religious {pg 178} + +Archvio de Simancas=> Archivo de Simancas {pg 304} + +for a neice=> for a niece {pg 312} + +pronouncd=> pronounced {pg 367} + +After the battle of Liepzig=> After the battle of Leipzig {pg 419} + +inquisitorial acivity=> inquisitorial activity {pg 501} + +commerical era=> commericial era {pg 505} + +Bernières-Louvigni, his Quietism, iv, 63=> Bernières-Louvigny, his +Quietism, iv, 63 {pg 554 index} + +conflicts of jurisdicition, i, 514=> conflicts of jurisdiction, i, 514 +{pg 555 index} + +Climent, Bp., of Barcelona, iv, 293=> Clíment, Bp., of Barcelona, iv, +293 {pg 561 index} + +Días, Blanquina, case of, ii, 122=> Díaz, Blanquina, case of, ii, 122 +{pg 567 index} + +condemns the _Mistíca Ciudad_, iv, 40=> condemns the _Mística Ciudad_, +iv, 40 {pg 579 index} + + + + + + + + + +End of the Project Gutenberg EBook of A History of the Inquisition of Spain; +vol. 4, by Henry Charles Lea + +*** END OF THE PROJECT GUTENBERG EBOOK 44209 *** diff --git a/44209-h.zip b/44209-h.zip Binary files differdeleted file mode 100644 index 9bd8639..0000000 --- a/44209-h.zip +++ /dev/null diff --git a/44209-h/44209-h.htm b/44209-h/44209-h.htm index c42fd67..83f22fa 100644 --- a/44209-h/44209-h.htm +++ b/44209-h/44209-h.htm @@ -3,7 +3,7 @@ <html xmlns="http://www.w3.org/1999/xhtml" lang="en" xml:lang="en"> <head> <link rel="coverpage" href="images/cover.jpg" /> -<meta http-equiv="Content-Type" content="text/html;charset=utf-8" /> +<meta http-equiv="Content-Type" content="text/html;charset=UTF-8" /> <title> The Project Gutenberg eBook of A History of the Inquisition of Spain; vol. 4, by Henry Charles Lea </title> @@ -106,44 +106,7 @@ background:#eeeeee;border:dashed 1px;} </style> </head> <body> - - -<pre> - -The Project Gutenberg EBook of A History of the Inquisition of Spain; vol. -4, by Henry Charles Lea - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. 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