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diff --git a/old/52114-8.txt b/old/52114-8.txt deleted file mode 100644 index 3f60449..0000000 --- a/old/52114-8.txt +++ /dev/null @@ -1,6432 +0,0 @@ -The Project Gutenberg EBook of The History and Romance of Crime; Spanish -Prisons, by Arthur Griffiths - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org/license - - -Title: The History and Romance of Crime; Spanish Prisons - -Author: Arthur Griffiths - -Release Date: May 21, 2016 [EBook #52114] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK THE HISTORY AND ROMANCE OF CRIME *** - - - - -Produced by Chris Curnow, Christopher Wright, and the -Online Distributed Proofreading Team at http://www.pgdp.net -(This file was produced from images generously made -available by The Internet Archive) - - - - - - - - - - The History and Romance of Crime - - FROM THE EARLIEST TIMES TO THE PRESENT DAY - - [Illustration] - - THE GROLIER SOCIETY - LONDON - - [Illustration] - - - - - Spanish Prisons - - - THE INQUISITION AT HOME AND ABROAD - PRISONS PAST AND PRESENT - - _by_ - - MAJOR ARTHUR GRIFFITHS - _Late Inspector of Prisons in Great Britain_ - - _Author of - "The Mysteries of Police and Crime - "Fifty Years of Public Service," etc._ - - - _The Inquisitor-General and the Catholic Sovereigns_ - - The mandate of expulsion of the Jews from Spain was - issued by Ferdinand and Isabella in 1492. This edict no doubt - originated with Torquemada, who was very bitter against the - Jews. When he learned that a number of their leaders were - in conference with the King and Queen, and offering an immense - ransom, Torquemada rushed into the presence bearing - a crucifix on high and crying in stentorian tones that the - sovereigns were about to act the part of Judas Iscariot. - "Here He is!" he exclaimed. "Sell Him again, not for - thirty pieces of silver, but for thirty thousand!" and flinging - the crucifix on the table he ran out in a frenzy. This turned - the tables and the decree for expulsion was confirmed. - - THE GROLIER SOCIETY - - - - - Spanish Prisons - - - THE INQUISITION AT HOME AND ABROAD - PRISONS PAST AND PRESENT - _by_ - - MAJOR ARTHUR GRIFFITHS _Late Inspector of Prisons in Great Britain_ - - _Author of "The Mysteries of Police and Crime - "Fifty Years of Public Service," etc._ - - [Illustration] - - THE GROLIER SOCIETY - - EDITION NATIONALE - - Limited to one thousand registered and numbered sets. - - NUMBER 307 - - - - -INTRODUCTION - - -A considerable portion of this volume is devoted to the Spanish -Inquisition, which was, for three centuries, the most important force -in Spain. Thousands were condemned by its tribunals, and its prisons -and punishments make up a large part of the penal history of that -country. Much exaggeration has crept into the popular accounts, but the -simple truth must cause a shudder, when read to-day. - -The institution was created to deal with heresy, that is, with a -departure from the accepted canons. The idea that there can be unity -in diversity was not understood. The spiritual and the temporal powers -were closely related, and bishop and king, pope and emperor, all -believed that uniformity was necessary. Hence, heresy was everywhere -treated as high treason not only to the Church but to the State -as well. The Spanish Inquisition was a state affair as well as an -ecclesiastical court. - -We shall see that the jurisdiction of the Inquisition was not confined -to the suppression of heresy. Many crimes which to-day are purely -state concerns, were then punished by it, including bigamy, blasphemy, -perjury, unnatural crimes, and witchcraft. The Spanish Inquisition -deserves credit for discouraging persecution of the last named offence, -and thereby saved the lives of thousands, who, in any other state would -have been executed. - -The adaptation to penal purposes of ancient buildings, to be found -throughout the length and breadth of Spain, was very common, as these -were immediately available although generally unsuitable. Chief among -them are the many monastic buildings vacated when the laws broke up -religious houses in Spain and which were mostly converted into prisons, -but little deserving the name. Some of these houses have been utilised -as gaols pure and simple; some have served two or more purposes as at -Huelva, where the convent-prison was also a barrack. - -Spain has been slow in conforming to the movements towards prison -reform. She could not afford to spend money on new constructions -along modern lines, and the introduction of the cellular system is -only of recent date. The model prison of Madrid, which has replaced -the hideous Saladero, was only begun in 1887. But a few separate -prisons had already been created, such as those of Loja, Pontevedra, -Barcelona, Vittoria and Naval Carnero. These establishments are new to -Spain but their methods and aims are too well known to call for fresh -description. More interest attaches to the older forms that have so -long served as places of durance. - - - - -CONTENTS - - - CHAPTER PAGE - - INTRODUCTION 5 - - I. THE INQUISITION IN SPAIN 11 - - II. PERSECUTION OF JEWS AND MOORS 32 - - III. PRISONS AND PUNISHMENTS 63 - - IV. THE INQUISITION ABROAD 91 - - V. THE INQUISITION IN PORTUGAL AND INDIA 110 - - VI. EARLY PRISONS AND PRISONERS 123 - - VII. PRESIDIOS AT HOME AND ABROAD 150 - - VIII. LIFE IN CEUTA 182 - - IX. BRIGANDS AND BRIGANDAGE 212 - - X. A BRIGHT PAGE IN PRISON HISTORY 236 - - - - -List of Illustrations - - - THE GRAND INQUISITOR AND THE CATHOLIC - SOVEREIGNS _Frontispiece_ - - THE ALHAMBRA PALACE, GRANADA _Page_ 52 - - THE QUESTION " 116 - - CASTEL DELL' OVO " 150 - - - - -SPANISH PRISONS - - - - -CHAPTER I - -THE INQUISITION IN SPAIN - - Beginning and growth of religious persecution--Temporal power of the - Papacy--Pope Innocent III creates the first "Inquisitors"--Domingo de - Guzman founder of the Inquisition--Founder of the Dominican Order of - Friars--The "ancient" Inquisition--Penances inflicted--Persecution - of the Jews in Spain--Institution of the "modern" Inquisition under - Ferdinand and Isabella--Headquarters at Seville--Frequent _autos da - fé_--Thomas de Torquemada the first Inquisitor-General--The privileges - of the office--Torquemada's life and character--Sufferings of accused - persons. - - -The record of religious persecution furnishes some of the saddest -pages in the world's history. It began with the immediate successors -of Constantine the Great, the first Christian prince. They promulgated -severe edicts against heretics with such penalties as confiscation, -banishment and death against breaches of Catholic unity. In this -present tolerant age when every one may worship God after his own -fashion, it is difficult to realise how recent a growth is toleration. -For more than six centuries the flames of persecution burned fiercely -throughout Christendom, lighted by the strong arm of the law, and -soldiers were constantly engaged to extirpate dissent from the accepted -dogmas with fire and sword. The growth of the papacy and the assumption -of the temporal power exalted heresy into treason; independence of -thought was deemed opposition to authority and resistance to the -universal supremacy of the Church. The popes fighting in self-defence -stimulated the zeal of their followers unceasingly to stamp out heresy. -Alexander III in the 12th century solemnly declared that every secular -prince who spared heretics should be classed as a heretic himself and -involved in the one common curse. - -When the temporal power of the popes was fully established and -acknowledged, the papacy claimed universal sovereignty over all -countries and peoples and was in a position to enforce it by systematic -procedure against its foes. Pope Innocent III, consumed with the -fervour of his intolerant faith, determined to crush heresy. His -first step was to appoint two "inquisitors" (the first use of the -name) and two learned and devout friars, who were really travelling -commissioners, were sent to perambulate Christendom to discover heresy. -They were commended to all bishops, who were strictly charged to -receive them with kindness, treat them with affection, and "help them -to turn heretics from the error of their way or else drive them out -of the country." The same assistance was expected from the rulers of -states who were to aid the inquisitors with equal kindness. - -The mission began in the south of France and a crusade was undertaken -against the Albigensians and Waldensians, those early dissidents from -the Church of Rome, who drew down on themselves the unappeasable -animosity of the orthodox. The campaign against these original heretics -raged fiercely, but persecution slackened and might have died out -but for the appearance of one devoted zealot whose intense hatred of -heresy, backed by his uncompromising energy, revived the illiberal -spirit and organised fresh methods of attack. This was Domingo de -Guzman, a Spanish monk who accompanied Foulques, Bishop of Toulouse, -when he left his desolated diocese to take part in the fourth Lateran -Council, assembled at Rome in 1215. This Domingo, historically known as -St. Dominic, was the founder of the Dominican order of friars. - -Though generally accepted as such by Church historians, it is -now argued that St. Dominic was not really the founder of the -Inquisition[1] and that although he spent the best years of his life -in combating heresy he took no more prominent part in persecution than -hundreds of others. His eulogistic biographer describes him as "a man -of earnest, resolute purpose, of deep and unalterable convictions, full -of burning zeal for the propagation of the faith, yet kindly in heart, -cheerful in temper and winning in manner.... He was as severe with -himself as with his fellows.... His endless scourgings, his tireless -vigils, his almost uninterrupted prayer, his superhuman fasts, are -probably only harmless exaggerations of the truth." The Dominicans -boasted that their founder exhaled "an odour of sanctity" and, when his -tomb was opened, a delicious scent issued forth, so penetrating that it -permeated the whole land, and so persistent that those who touched the -holy relics had their hands perfumed for years. - -[1] Lea. History of the Inquisition. Vol. I. p. 299. - -Whatever the personal character of Dominic and whether or no he -laboured to carry out the work himself, there can be no doubt that -his Order was closely identified with the Inquisition from the first. -Its members were appointed inquisitors, they served in the prisons as -confessors, they assisted the tribunals as "qualificators," or persons -appointed to seek out proof of guilt, or estimate the extent or quality -of the heretical opinions charged against the accused; the great -ceremonials and _autos da fé_ were organised by them; they worked the -"censure" and prepared the "Index" of prohibited books. The Dominicans -were undoubtedly the most active agents in the Inquisition and they -owed their existence to him, even if he did not personally take part in -its proceedings. - -The following quotation from Prescott's "History of Ferdinand and -Isabella" may well be inserted here. "Some Catholic writers would -fain excuse St. Dominic from the imputation of having founded -the Inquisition. It is true he died some years before the perfect -organisation of that tribunal; but as he established the principles -on which, and the monkish militia by whom it was administered, it is -doing him no injustice to regard him as its real author." The Sicilian -writer, Paramo, indeed, in his heavy quarto, traces it up to a much -more remote antiquity. According to him God was the first inquisitor -and his condemnation of Adam and Eve furnished the models of the -judicial forms observed in the trials of the Holy Office. The sentence -of Adam was the type of the Inquisitional "reconciliation," his -subsequent raiment of skins of animals was the type of the _sanbenito_, -and the expulsion from Paradise, the precedent for the confiscation of -the goods of heretics. This learned personage deduces a succession of -inquisitors through the patriarchs, Moses, Nebuchadnezzar, and King -David, down to John the Baptist, and he even includes our Saviour in -whose precepts and conduct he finds abundant authority for the tribunal. - -The "Ancient Inquisition," as that first established in Spain is -generally called, had many of the features of the "modern" which dates -from the reign of Ferdinand and Isabella, and which will presently be -described at some length. Its proceedings were shrouded in the same -impenetrable secrecy, it used the same insidious modes of accusation, -supported them by similar tortures, and punished them with similar -penalties. A manual drawn up in the fourteenth century for the guidance -of judges of the Holy Office prescribes the familiar forms of artful -interrogation employed to catch the unwary, and sometimes innocent -victim. The ancient Inquisition worked on principles less repugnant to -justice than the better known, but equally cruel modern institution, -but was less extensive in its operations because in the earlier days -there were fewer heretics to persecute. - -The ancient Inquisition was so unsparing in its actions that it almost -extirpated the Albigensian heresy. The punishments it inflicted were -even more severe than in the modern. Upon such as escaped the stake -and were "reconciled," as it was styled, a terrible "penance" was -imposed. One is cited by Llorente[2] as laid down in the ordinances of -St. Dominic. The penitent, it was commanded, should be stripped of his -clothes and beaten by a priest three Sundays in succession from the -gate of the city to the door of the church; he must not eat any kind of -meat during his whole life; must abstain from fish, oil and wine three -days in the week during life, except in case of sickness or excessive -labour; must wear a religious dress with a small cross embroidered on -each breast; must attend mass every day, if he has the means of doing -so, and vespers on Sundays and festivals; must recite the service for -the day and night and repeat the paternoster seven times in the day, -ten times in the evening, and twenty times at midnight. If he failed in -any of these requirements, he was to be burned as a "relapsed heretic." - -[2] History of the Inquisition. - -Chief among the causes that produced the new or "modern" Inquisition -was the envy and hatred of the Jews in Spain. Fresh material was -supplied by the unfortunate race of Israel, long established in the -country, and greatly prosperous. They had come in great numbers after -the Saracenic invasion, which indeed they are said to have facilitated, -and were accepted by some of the Moorish rulers on nearly equal terms, -and were treated with a tolerance seldom seen among Mahometans, though -occasional outbursts of fanaticism rendered their position not quite -secure. Under these generally favourable auspices the Jews developed -in numbers and importance. Their remarkable instinct for money making -and their unstinting diligence brought them great wealth. Their love of -letters and high intelligence gave them preëminence in the schools of -the Moorish cities of Cordova, Toledo and Granada, where they helped -to keep the flame of learning bright and shining through the darkest -ages. They became noted mathematicians, learned astronomers, devoted -labourers in the fields of practical and experimental science. Their -shrewdness in public affairs and their financial abilities commended -them to the service of the state, and many rose to the highest civic -dignities at both Christian and Moorish courts. Often, despite -prohibitory laws, they collected the revenues and supervised the -treasuries of the kingdoms of Castile and Aragon, while in private life -they had nearly unlimited control of commerce and owned most of the -capital in use. - -After the Christian conquest, their success drew down upon them the -envy and hatred of their less flourishing fellow subjects, who resented -also that profuse ostentation of apparel and equipage to which the -Jewish character has always inclined. Their widespread practice of -usury was a still more fruitful cause for detestation. Often large sums -were loaned, for which exorbitant rates of interest were charged, owing -to the scarcity of specie and the great risk of loss inherent to the -business. As much as twenty, thirty-three, and even forty per cent. -per annum was exacted and paid. The general animosity was such that a -fanatical populace, smarting under a sense of wrong, and urged on by a -no less fanatical clergy broke out at times into violence, and fiercely -attacked the Jews in the principal cities. The _Juderías_, or Jewish -quarters, were sacked, the houses robbed of their valuable contents, -precious collections, jewels and furniture were scattered abroad, and -the wretched proprietors were massacred wholesale, irrespective of sex -and age. According to the historian, Mariana, fifty thousand Jews were -sacrificed to the popular fury in one year, 1391, alone. - -This was the turning point in Spanish history. Fanaticism once aroused, -did not die until all Jews were driven out of Spain. It brought into -being another class also, the _Conversos_, or "New Christians," _i. e._ -Jews who accepted Christian baptism, though generally without any -spiritual change. At heart and in habits they remained Jews. - -The law was invoked, too, to aggravate their condition. Legislative -enactments of a cruel and oppressive kind were passed. Jews were -forbidden to mix freely with Christians, their residence restricted -to certain limited quarters, they were subject to irksome, sumptuary -regulations, debarred from all display in dress, forbidden to carry -valuable ornaments or wear expensive clothes, and they were held up to -public scorn by being compelled to appear in a distinctive, unbecoming -garb, the badge or emblem of their social inferiority. They were also -interdicted from following certain professions and callings. They might -not study or practise medicine, might not be apothecaries, nurses, -vintners, grocers or tavern keepers, were forbidden to act as stewards -to the nobility or as farmers or collectors of the public revenues, -although judging from repeated re-enactments, these laws were evidently -not strictly enforced, and often in some districts were not enforced at -all. - -Fresh fuel was added to the fiery passions vented on the Jews by the -unceasing denunciation of their heresy and dangerous irreligion, and -public feeling was further inflamed by grossly exaggerated stories -of their hideous and unchristian malpractices. The curate of Los -Palacios has detailed some of these in his "Chronicle," and they -will serve, when quoted, to show what charges were brought against -the Jew in his time. "This accursed race (the Israelites)," he says, -speaking of the proceedings taken to bring about their conversion, -"were either unwilling to bring their children to be baptised, or if -they did, they washed away the stain on the way home. They dressed -their stews and other dishes with oil instead of lard, abstained from -pork, kept the passover, ate meat in Lent, and sent oil to replenish -the lamps of their synagogues, with many other abominable ceremonies -of their religion. They entertained no respect for monastic life, and -frequently profaned the sanctity of religious houses by the violation -or seduction of their inmates. They were an exceedingly politic and -ambitious people, engrossing the most lucrative municipal offices, and -preferring to gain their livelihood by traffic, in which they made -exorbitant gains, rather than by manual labour or mechanical arts. They -considered themselves in the hands of the Egyptians whom it was a merit -to deceive and rob. By their wicked contrivances they amassed great -wealth, and thus were able often to ally themselves by marriage with -noble Christian families." - -The outcry against the Jews steadily increased in volume. The clergy -were the loudest in their protests against the alleged abominations, -and one Dominican priest, Alonso de Hojeda, prior of the monastery of -San Pablo in Seville, with another priest, Diego de Merlo, vigorously -denounced the "Jewish leprosy" so alarmingly on the increase and -besought the Catholic sovereigns to revive the Holy Office with -extended powers as the only effective means of healing it. The appeal -was strongly supported by the papal nuncio at the Court of Castile. -Ferdinand and Isabella, as devout Catholics, deplored the prevalence -of heresy, which they acknowledged to be rampant, and yet they -hesitated to surrender any of their independence. No other state in -Europe was so free from papal control or interference. Some of the -Conversos held high places about the court and they, of course, used -every effort to strengthen the reluctance of the queen, particularly. -On the other hand, the Dominican monk, Thomas de Torquemada, her -confessor in her youth, strove to instil the same spirit of unyielding -fanaticism that possessed himself, and earnestly entreated her to -devote herself to the "extirpation of heresy for the glory of God and -the glorification of the Catholic faith." She long resisted but yielded -at last to the unceasing importunities of the priests around her, and -consented to solicit a bull from the pope, Sixtus IV, to introduce -the Modern Inquisition into Castile. It was issued, under the date of -November 1st, 1478, and authorised the appointment of two or three -ecclesiastical inquisitors for the detection and suppression of heresy -throughout Spain. - -One difference from the usual form establishing such tribunals was the -location of the power of appointment of inquisitors, which was vested -in the king and queen instead of in Provincials of the Dominican or -Franciscan Orders. Heretofore the appointment of inquisitors had been -considered a delegation of the authority of the Holy See, something -entirely independent of the secular power. But so jealous of outside -interference were the Spanish rulers and the Spanish people, that the -pope was forced to give way. Though he and his successors vainly strove -to recover the power thus granted, they were never entirely successful, -and the Spanish Inquisition remained to a large extent a state affair, -and this fact explains much which otherwise is inexplicable. For -example the confiscations passed into the royal instead of into the -papal treasury. - -At first mild measures were to be tried. Cardinal Mendoza, Archbishop -of Seville, had drawn up a catechism instructing his clergy to spare no -pains in illuminating the benighted Israelites by a candid exposition -of the true principles of Christianity. Progress was slow, and after -two years the results were so meagre that it was thought necessary to -proceed to the nomination of inquisitors, and two Dominican monks, Fra -Miguel de Morillo, and Juan de San Martin, were appointed with full -powers, assisted by an assessor and a procurator fiscal. - -The Jews played into the hands of their tormentors. Great numbers -had been terrified into apostasy by the unrelenting hostility of the -people. Their only escape from the furious attacks made upon them had -been conversion to Christianity, often quite feigned and unreal. The -proselytising priests, however, claimed to have done wonders; one, St. -Vincent Ferrer, a Dominican of Valencia, had by means of his eloquence -and the miraculous power vouchsafed him, "changed the hearts of no less -than thirty-five thousand of house of Judah." These numerous converts -were of course unlikely to be very tenacious in their profession of -the new faith, and not strangely laid themselves open to constant -suspicion. Many were denounced and charged with backsliding, many more -boldly reverted to Judaism, or secretly performed their old rites. -Now uncompromising war was to be waged against the backsliding "new -Christians" or Conversos. - -The inquisitors installed themselves in Seville, and made the Dominican -convent of San Pablo their first headquarters, but this soon proved -quite insufficient in size and they were allowed to occupy the fortress -of the Triana, the great fortress of Seville, on the right bank of -the Guadalquivir, the immense size and gloomy dungeons of which were -especially suitable. This part of the city was much exposed to -inundations, and when, in 1626, it was threatened with destruction by -an unusually high flood, the seat of the tribunal was removed to the -palace of the Caballeros Tellos Taveros in the parish of San Marco. In -1639 it returned to the Triana which had been repaired, and remained -there till 1789, when further encroachments of the river caused it to -be finally transferred to the College of Las Beccas. The Triana is now -a low suburb, inhabited principally by gipsies and the lower classes. -It was at one time the potters' quarter where the famous _azulejo_ -tiles were made, and its factories to-day produce the well known -majolica vases and plates with surface of metallic lustre. - -One of the first steps of the Inquisition was to put a summary check to -the exodus of the Jews who had been fast deserting the country. All the -magnates of Castile, dukes, counts, hidalgos and persons in authority, -were commanded to arrest all fugitives, to sequestrate their property -and send them prisoners to Seville. Any who disobeyed or failed to -execute this order were to be excommunicated as abettors of heresy, to -be deposed from their dignities and deprived of their estates. Such -orders were strange to the ears of the turbulent nobles who had been -accustomed to pay little heed to pope or king. A new force had arisen -in the land. - -On the Castle of the Triana,[3] already described, a tablet was -erected over the portals with an inscription, celebrating the -inauguration of the first "modern Inquisition" in Western Europe. -The concluding words were:--"God grant that for the protection and -augmentation of the faith it may abide unto the end of time. Arise oh -Lord, judge Thy cause! Catch yet the foxes (heretics)!" - -[3] The counts of San Lucar were hereditary alcaldes of Triana, and in -return for surrendering the castle, they were granted the dignity of -Alguazil Mayor of the Inquisition. It was worth 150,000 maravedis a -year and the holder of the office provided a deputy. The maravedi, once -a gold coin of some value, latterly represented only 3/8 of a cent. - -Just now, by an ill-advised move, the Conversos lost the sympathy of -all. Diego de Susan, one of the richest citizens of Seville, called -a meeting of the "New Christians" in the church of San Salvador. It -was attended by many high officials, and even ecclesiastics of Jewish -blood. Susan suggested that they collect a store of arms, and that at -the first arrest, they rise and slay the inquisitors. The plan was -adopted but was betrayed by a daughter of Susan, who had a Christian -lover. The plotters were arrested at once, and on February sixth, 1481, -six men and women were burned and others were severely punished. - -The hunt was cunningly organised. An "Edict of Grace" was published -promising pardon to all backsliders if they would come voluntarily -and confess their sins. Many sought indulgence and were plied with -questions by the inquisitors to extract evidence against others. On -the information thus obtained the suspected were marked down, seized -and carried off to the prisons. Any adherence to Jewish customs gave -opportunity for denunciation, and the severe measures rapidly reduced -the numbers of the backsliding Jewish-Christians. In Seville alone, -according to Llorente, two hundred and ninety-eight persons were burnt -in less than a year, and seventy-nine were condemned to perpetual -imprisonment. Great sums ought to have passed into the treasury, then -and afterwards, from the confiscated property of rich people who -perished at the stake or were subjected to fine and forfeiture. But the -great engine of the Inquisition was excessively costly. The pageants -at the frequent _autos da fé_ were lavishly expensive, a great staff -of officials, experts, familiars and guards was maintained, and, in -addition, the outlay on the place of execution, the "_quemadero_" or -burning place, a great pavement on a raised platform adorned with fine -pillars and statues of the prophets, was very considerable, while the -yearly bill for fuel, for faggots and brush wood rose to a high figure. -Undoubtedly there was considerable embezzlement also. - -There was evidently too much work for two men, so in February, 1482, -seven additional inquisitors were commissioned by the pope on the -nomination of the sovereigns, and some of these were exceedingly -zealous. There was, however, much confusion because of the lack -of a unifying authority. The sovereigns were determined that the -institution must be kept under the control of the state, and so a -council of administration usually called _la Suprema_ was added to -those already existing, and was charged with jurisdiction over all -measures concerning the faith. At the head was placed a new officer, -later called the inquisitor-general. The inquisitor-general was hardly -a subject. He had direct access to the sovereign and exercised absolute -and unlimited power over the whole population and was superior to -all human law. No rank, high or low escaped his jurisdiction. Royal -personages were not exempt from his control, for the Holy Office -invaded the prince's palace as well as the pauper's hovel. There was -no sanctity in the grave, for corpses of heretics were ruthlessly -disinterred, mutilated and burned. - -The first inquisitor-general under the new organisation was Thomas -de Torquemada, who has won for himself dreadful immortality from the -signal part he played in the great tragedy of the Inquisition. He was -a Dominican monk, a native of old Castile, who had been confessor and -keeper of the Queen's conscience to Isabella in her early days and -constantly sought to instil his fiery spirit into her youthful mind. -"This man," says Prescott, "who concealed more pride under his monastic -weeds than might have furnished forth a convent of his order, was one -of that class with whom zeal passes for religion and who testify their -zeal by a fiery persecution of those whose creed differs from their -own; who compensate for their abstinence from sensual indulgence by -giving scope to those deadlier vices of the heart, pride, bigotry -and intolerance which are no less opposed to virtue and are far more -extensively mischievous to society." The cruelties which he perpetrated -grew out of a pitiless fanaticism, more cruel than the grave. He was -rigid and unbending and knew no compromise. Absolutely fearless, -he directed his terrible engine against the suspect no matter how -high-born or influential. - -Torquemada was appointed in 1483 and was authorised from Rome to frame -a new constitution for the Holy Office. He had been empowered to create -permanent provincial tribunals under chief inquisitors which sat at -Toledo, Valladolid, Madrid and other important cities, and his first -act was to summon some of these to Seville to assist him in drawing -up rules for the governance of the great and terrible engine that -was to terrorise all Spain for centuries to come. The principles of -action, the methods of procedure, the steps taken to hunt up victims -and bring them under the jurisdiction of the court, secure conviction -and enforce penalties, are all set out at length in the record of the -times. "A bloody page of history," says the historian, "attests the -fact that fanaticism armed with power is the sorest evil that can -befall a nation." For generations the Spanish people, first the Jews, -then the Moriscos, lastly the whole native born community lay helpless -in the grip of this irresponsible despotism. Few, once accused, -escaped without censure of some sort. Llorente declares with his usual -exaggeration that out of a couple of thousand cases, hardly one ended -in acquittal and the saying became proverbial that people if not -actually roasted by the Inquisition were at least singed. - -In order to appreciate fully the harshness of the Spanish Inquisition -and the cruelties perpetrated for several centuries, under the guise of -religion, we must trace the steps taken by the Holy Office, its guiding -principles and its methods of procedure. - -The great aim at the outset was to hunt up heretics and encourage the -denunciation of presumed offenders. Good Catholics were commanded by -edicts published from the pulpits of all churches to give information -against every person they knew or suspected of being guilty of heresy, -and priests were ordered to withhold absolution from any one who -hesitated to speak, even when the suspected person was a near relation, -parent, child, husband or wife. All accusations whether signed or -anonymous were accepted, but the names of witnesses were also required. -On this sometimes meagre inculpation victims might be at once arrested, -though in some cases, censors must first pass upon the evidence. Often -not a whisper of trouble reached the accused until the blow actually -fell. - -Kept thus in solitary imprisonment, cut off entirely from his friends -outside, denied the sympathy or support he might derive from their -visits or communications, he was left to brood despairingly, a prey -to agonised doubts, in ignorance even of the charges brought against -him. A few brief extracts from the depositions of witnesses might be -read to him, but the statements were so garbled that he could get no -clue to names or identities. If there were any facts favourable to him -in the testimony they were withheld from him. If he could, however, -name as mortal enemies some of the witnesses, their testimony was -much weakened. Facts of time, place and circumstance in the charges -preferred were withheld from him and he was so confused and embarrassed -that unless a man of acuteness and presence of mind he might become -involved in inextricable contradictions when he attempted to explain -himself. - -On the other hand judges were guided and supported by the most minute -instructions. "It is the high and peculiar privilege of the tribunal -that its officers are not required to act with formality; they need -observe no strict forensic rules and therefore the omission of what -ordinary justice might exact does not invalidate its actions, provided -only that nothing essential to the proof be wanting." The first -essential of justice, as we understand it, was ignored. An accused -person arraigned for heresy was expected to incriminate himself, to -furnish all necessary particulars for conviction. Testimony could -be received from persons of any class or character. "They might be -excommunicate, infamous, actual accomplices, or previously convicted -of any crime." The evidence of Jews and infidels might be taken also, -even in a question of heretical doctrine. Wife, children, relatives, -servants, might depose against a heretic. "A brother may declare -against a brother and a son against a father." The witnesses met with -no mercy. If any one did not say all he could, or seemed reluctant to -speak, the examiners occasionally ruled that torture should be applied. - - - - -CHAPTER II - -PERSECUTION OF JEWS AND MOORS - - Increased persecution of the Jews--Accusations made against - them--Ferdinand introduces the modern Inquisition into the Kingdom - of Aragon in 1484--Fray Gaspar Juglar and Pedro Arbués appointed - Inquisitors--Assassination of Pedro Arbués--Punishment of his - murderers--Increased opposition against the Holy Office--Arrest of the - Infante Don Jaime for sheltering a heretic--Expulsion of the Jews from - Spain--Appeal to the King to revoke this edict--Ferdinand inclined - to yield, but Torquemada over-rules him--Sufferings of the Jews on - the journey--Death of Torquemada--Hernando de Talavera appointed - archbishop of Granada--His success with the Moors--Don Diego Deza new - Inquisitor-General--Succeeded by Ximenes de Cisneros--His character - and life--Appointed Primate of all Spain--His severity with the - Moors--University of Alcalá founded by Ximenes--Accession of Charles - V--Persecution of Moors--Expulsion. - - -The fires of the modern Inquisition, it was said, had been lighted -exclusively for the Jews. The fiery zeal of Torquemada and his -coadjutors was first directed against the Spanish children of Israel. -The Jews constantly offered themselves to be harassed and despoiled. -They were always fair game for avaricious greed. The inquisitors -availed themselves of both lines of attack. Jewish wealth steadily -increased as their financial operations and their industrial -activities extended and flourished. When the Catholic Kings embarked -upon the conquest of Granada, the Jews found the sinews of war; Jewish -victuallers purveyed rations to the armies in the field; Jewish -brokers advanced the cash needed for the payments of troops; Jewish -armourers repaired the weapons used and furnished new tools and warlike -implements. - -At the same time the passions of the populace were more and more -inflamed against the Jews by the dissemination of scandalous stories -of their blasphemous proceedings. It was seriously asserted by certain -monks that some Jews had stolen a consecrated wafer with the intention -of working it into a paste with the warm blood of a newly killed -Christian child and so produce a deadly poison to be administered to -the hated chief inquisitor. Another report was to the effect that -crumbs from the holy wafer had been detected between the leaves of -a Hebrew prayer book in a synagogue. One witness declared that this -substance emitted a bright effulgence which gave clear proof of its -sanctity and betrayed the act of sacrilege committed. Other tales were -circulated of the diabolical practices of these wicked Jewish heretics. - -Ferdinand in 1484 proceeded to give the modern Inquisition to the -Kingdom of Aragon, where the "ancient" had once existed but had lost -much of its rigour. It was a comparatively free country and the Holy -Office had become little more than an ordinary ecclesiastical court. -But King Ferdinand was resolved to reëstablish it on the wider basis it -had assumed in Castile and imposed it upon his people by a royal order -which directed all constituted authorities to support it in carrying -out its new extended functions. A Dominican monk, Fray Gaspar Juglar, -and a canon of the church, Pedro Arbués, were appointed by Torquemada -to be inquisitors for the diocese of Saragossa. The new institution -was most distasteful to the Aragonese, a hardy and independent people. -Among the higher orders were numbers of Jewish descent, filling -important offices and likely to come under the ban of the Inquisition. -The result was a deputation to the pope and another to the king -representing the general repugnance of the Aragonese to the institution -and praying that its action might be suspended. Neither pope nor king -would listen to the appeal and the Holy Office began its work. Two -_autos da fé_ were celebrated in Saragossa, the capital, in 1484, when -two men were executed. - -Horror and consternation seized the Conversos and a fierce desire for -reprisals developed. They were resolved to intimidate their oppressors -by some appalling act of retaliation and a plot was hatched to make -away with one of the inquisitors. The conspirators included many of -the principal "New Christians," some of whom were persons of note in -the district. A considerable sum was subscribed to meet expenses and -pay the assassins. Pedro Arbués was marked down for destruction but, -conscious of his danger, continually managed to evade his enemies. He -wore always a coat of mail beneath his robes when he attended mass in -the Cathedral, and every avenue by which he could be approached in his -house was also carefully guarded. - -At length he was taken by surprise when at his devotions. He was on his -knees before the high altar saying his prayers at midnight, when two -men crept up behind him unobserved and attacked him. One struck him -with a dagger in the left arm, the other felled him with a violent blow -on the back of the neck by which he was laid prostrate and carried off -dying. With his last breath he thanked God for being selected to seal -so good a cause with his blood. His death was deemed a martyrdom and -caused a reaction in favour of the Inquisition as a general rising of -the New Christians was feared. The storm was appeased by the archbishop -of Saragossa who gave out publicly that the murderers should be -rigorously pursued and should suffer condign punishment. The promise -was abundantly fulfilled. A stern recompense was exacted from all who -were identified with the conspiracy. The scent was followed up with -unrelenting pertinacity, several persons were taken and put to death, -and a larger number perished in the dungeons of the Inquisition. All -the perpetrators of the murder were hanged after their right hands had -been amputated. The sentence of one who had given evidence against the -rest was commuted in that his hand was not cut off till after his death. - -A native of Saragossa had taken refuge in Tudela where he found -shelter and concealment in the house of the Infante, Don Jaime, the -illegitimate son of the Queen of Navarre, and nephew of King Ferdinand -himself. The generous young prince could not reject the claims of -hospitality and helped the fugitive to escape into France. But the -Infante was himself arrested by the inquisitors and imprisoned as -an "impeder" of the Holy Office. His trial took place in Saragossa, -although Navarre was outside its jurisdiction, and he was sentenced -to do open penance in the cathedral in the presence of a great -congregation at High Mass. The ceremony was carried out before the -Archbishop of Saragossa, a boy of seventeen, the illegitimate son -of King Ferdinand, and this callow stripling in his primate's robes -ordered his father's nephew to be flogged round the church with rods. - -The second story is much more horrible. One Gaspar de Santa Cruz of -Saragossa had been concerned in the rebellion, but escaped to Toulouse -where he died. He had been aided in his flight by a son who remained -in Saragossa, and who was arrested as an "impeder" of the Holy Office. -He was tried and condemned to appear at an _auto da fé_, where he was -made to read an act which held up his father to public ignominy. Then -the son was transferred to the custody of the inquisitor of Toulouse -who took him to his father's grave, forced him to exhume the corpse and -burn it with his own hands. - -The bitter hatred of the Jews culminated in the determination of the -king and queen, urged on by Torquemada, to expel them entirely from -Spain. The germ of this idea may be found in the capitulation of -Granada by the Moors, when it was agreed that every Jew found in the -city was to be shipped off forthwith to Barbary. It was now argued -that since all attempts to convert them had failed, Spain should be -altogether rid of them. The Catholic King and Queen were induced to -sign an edict dated March 30th, 1492, by which it was decreed that -every Jew should be banished from Spain within three months, save and -except those who chose to apostasise and who, on surrendering the faith -of their fathers, might be suffered to remain in the land of their -adoption, with leave to enjoy the goods they had inherited or earned. -No doubt this edict originated with Torquemada. - -Dismay and deep sorrow fell upon the Spanish Jews. The whole country -was filled with tribulation. All alike cried for mercy and offered -to submit to any laws and ordinances however oppressive, to accept -any terms, to pay any penalties if only they might escape this cruel -exile. Leading Jews appeared before King Ferdinand and pleaded abjectly -for mercy for their co-religionists, offering an immediate ransom -of six hundred thousand crowns in gold. The king was inclined to -clemency, but the queen was firm. He saw the present advantage, the -ready money, and doubted whether he would get as much from the fines -and confiscations promised by the inquisitors. But at that moment, so -the story goes, Torquemada rushed into the presence bearing a crucifix -on high and cried in stentorian tones that the sovereigns were about -to act the part of Judas Iscariot. "Here he is! Sell Him again, not -for thirty pieces of silver, but for thirty thousand!" and flinging -the crucifix on to the table, he ran out in a frenzy. This turned the -tables, and the decree for expulsion was confirmed. - -The terms of the edict were extremely harsh and peremptory. As a -preamble the crimes of the Jews were recited and the small effect -produced hitherto by the most severe penalties. It was asserted that -they still conspired to overturn Christianity in Spain and recourse -to the last remedy, the decree of expulsion, under which all Jews and -Jewesses were commanded to leave Spain and never return, even for a -passing visit, on pain of death, was therefore necessary. The last day -of July, 1492, or four months later, was fixed for the last day of -their sojourn in Spain. After that date they would remain at the peril -of their lives, while any person of whatever rank or quality who should -presume to receive, shelter, protect or defend a Jew or Jewess should -forfeit all his property and be discharged from his office, dignity -or calling. During the four months, the law allowed the Jews to sell -their estates, or barter them for heavy goods, but they were forbidden -to remove gold or silver or take out of the kingdom other portable -property which was already prohibited by law from exportation. - -During the preparation for, and execution of this modern exodus, the -condition of the wretched Israelites was heart-rending. Torquemada had -tried hard to proselytise, had sent out preachers offering baptism and -reconciliation, but at first few listened to the terms proposed. All -owners of property and valuables suffered the heaviest losses. Enforced -sales were so numerous that purchasers were not to be easily found. -Fine estates were sold for a song. A house was exchanged for an ass -or beast of burden; a vineyard for a scrap of cloth or linen. Despite -the prohibition much gold and silver were carried away concealed in -the stuffing of saddles and among horse furniture. Some exiles at -the moment of departure swallowed gold pieces, as many as twenty and -thirty, and thus evaded to some extent the strict search instituted at -the sea ports and frontier towns. - -At last in the first week of July, all took to the roads travelling -to the coast on foot, on horse or ass-back or were conveyed in -country carts. According to an eye-witness, "they suffered incredible -misfortunes by the way, some walking feebly, some struggling manfully, -some fainting, many attacked with illness, some dying, others coming -into the world, so that there was not a Christian who did not feel -for them and entreat them to be baptised." Here and there under the -pressure of accumulated miseries a few professed to be converted, but -such cases were very rare. The rabbis encouraged the people as they -went and exhorted the young ones to raise their voices and the women to -sing and play on pipes and timbrels to enliven them and keep up their -spirits. - -Ships were provided by the Spanish authorities at Cadiz, Gibraltar, -Carthagena, Valencia and Barcelona on which fifteen hundred of the -wealthy families embarked and started for Africa, Italy and the Levant, -taking with them their dialect of the Spanish language, such as is -still talked at the places where they landed. Of those who joined in -the general exodus some perished at sea, by wreck, disease, violence -or fire, and some by famine, exhaustion or murder on inhospitable -shores. Many were sold for slaves, many thrown overboard by savage -ship captains, while parents parted with their children for money -to buy food. On board one crowded ship a pestilence broke out, and -the whole company was landed and marooned on a desert island. Other -infected ships carried disease into the port of Naples, where it grew -into a terrible epidemic, by which twenty thousand native Neapolitans -perished. Those who reached the city found it in the throes of famine, -but were met in landing by a procession of priests, led by one who -carried a crucifix and a loaf of bread, and who intimated that only -those who would adore the first would receive the other. In papal -dominions alone was a hospitable reception accorded. The pope of the -time, Alexander VI, was more tolerant than other rulers. - -The total loss of population is now difficult to ascertain, but -undoubtedly it has been greatly exaggerated. The most trustworthy -estimate fixes the number of emigrants at one hundred and sixty-five -thousand, and the number dying of hardships and grief before leaving at -about twenty thousand. Probably fifty thousand more accepted baptism -as a consequence of the edict. The loss entailed in actual value was -incalculable and a vast amount of potential earnings was sacrificed by -the disappearance of so large a part of the most industrious members -of the population. The king and queen greatly impoverished Spain in -purging it of Hebrew heresy. Their action however was greeted with -applause by other rulers who did not go to the same lengths on account -of economic considerations. They were praised because they were willing -to sacrifice revenue for the sake of the faith. - -Open Judaism no longer existed in Spain. There were left only the -apostates, or New Christians. That many of these were Christians in -name and kept the Mosaic law in every detail is undoubted. As Jews they -were not subject to the Inquisition. As professing Christians, any -departure from the established faith subjected them to the penalties -imposed upon heretics. In spite of the high positions which many -achieved, they were objects of suspicion, and with the increasing -authority of the Inquisition their lot grew harder. - -Torquemada had been active not only against the Jews, but against -all suspected of any heresy, no matter how influential. The odium he -incurred raised up constant accusations against him, and he was obliged -on three occasions to send an agent to Rome to defend his character. -Later his arbitrary power was curtailed by the appointment of four -coadjutors, nominally, to share the burthens of office, but really to -check his action. On the whole he may be said to take rank among those -who have been the authors of evil to their species. "His zeal was of -such an extravagant character that it may almost shelter itself under -the name of insanity." His later days were filled with constant dread -of assassination, and when he moved to and fro his person was protected -by a formidable escort, a bodyguard of fifty familiars of the Holy -Office mounted as dragoons and a body of two hundred infantry soldiers. -Yet he reached a very old age and died quietly in his bed. - -Estimates of the numbers convicted and punished during his -administration differ widely. Llorente, who is, however, much given -to exaggeration, states that eight thousand eight hundred were burned -alive, and that the total number condemned was more than one hundred -and five thousand. On the other hand Langlois,[4] whose estimate is -accepted by Vancandard, and other Catholic writers, thinks that the -number put to death was about two thousand. - -[4] Langlois, L'Inquisition d'après des tableaux recénts (1902), quoted -by Vancandard (Conway's translation, 1908). - -Death overtook him when a fresh campaign against heresy was imminent. -The conquest of the Kingdom of Granada by Ferdinand and Isabella opened -up a new field for the proselytising fervour of the Inquisition, which -was now resolved to convert all Mahometan subjects to the Christian -faith. A friar of the order of St. Jerome, Hernando de Talavera, a -man of blameless life, a ripe scholar, a persuasive preacher, deeply -read in sacred literature and moral philosophy, had been one of the -confessors to Royalty, and had been raised to the bishopric of Avila. -But he had begged to be allowed to resign it and devote himself -entirely to the conversion of the Moors. The pope granted his request -and appointed him archbishop of Granada with a smaller revenue than -that of the diocese he left, but he was humble minded, had no craving -to exhibit the pomp and display of a great prelate and devoted himself -with all diligence to the duties of his new charge. - -He soon won the hearts of the Moors who loved and venerated him. He -proceeded with great caution, made no open show of his desire to -convert them, and strictly refrained from any coercive measures, -trusting rather to reason them out of their heterodox belief. He -caused a translation to be made of the Bible into Arabic, distributed -it, encouraged the Moors to attend conferences, and come to him in -private to listen to his arguments. Being thus busily engaged, he -withdrew to a great extent from the court of Ferdinand and Isabella, -who came more and more under the influence of fiery bigots, to whom -the mild measures of the archbishop became profoundly displeasing. -The inquisitors, with Don Diego Deza who had succeeded Torquemada, at -their head, incessantly entreated the sovereigns to proceed with more -severity, and went the length of advising the immediate expulsion of -all Moors who hesitated to accept conversion and baptism forthwith. -They urged that it was for the good of their souls to draw them into -the fold and insisted that it would be utterly impossible for Christian -and Moslem to live peacefully and happily side by side. The king and -queen demurred, temporising as they had done with the revival of the -Inquisition. It might be dangerous, they argued, to enforce penalties -that were too harsh. Their supremacy was hardly as yet consolidated -in Granada; the Moors had not yet entirely laid aside their arms and -unwise oppression might bring about a resumption of hostilities. They -hoped that the Moors, like other conquered peoples, would in due course -freely adopt the religion of their new masters. Loving kindliness and -gentle persuasion would more surely gain ground than fierce threats and -arbitrary decrees. - -So for seven or more years the conciliatory methods of Archbishop -Talavera prevailed and met with the approval of Ferdinand and Isabella. -But now a remarkable man of very different character appeared upon the -scene and began to advocate sterner measures. This was a Franciscan -monk, Ximenes de Cisneros, one of the most notable figures in Spanish -history, who became in due course inquisitor-general and regent of -Spain. A sketch of his life may well be given to enable us better to -understand the times. - -Ximenes de Cisneros better known, perhaps, under his first name alone, -was the scion of an ancient but decayed family and destined from his -youth for the Church. He studied at the University of Salamanca and -evinced marked ability. After a stay in Rome, the best field for -preferment, he returned to Spain with the papal promise of the first -vacant benefice in the See of Toledo. The archbishop had other views, -however, and when Ximenes claimed the cure of Uceda, he was sent to -prison in its fortress and not to the presbytery. For six years Ximenes -asserted his pretensions unflinchingly and was at last nominated, when -he exchanged to a chaplaincy in another diocese, that of Siguenza, -where he continued his theological studies and acquired Hebrew and -Chaldee. Here he came under the observation of the Bishop Mendoza, -who afterwards became Cardinal Primate of Spain, and who enjoyed the -unbounded confidence of Queen Isabella. Mendoza when invited to -recommend to her a new confessor, in succession to Talavera on his -translation to the See of Granada, fixed upon Ximenes of whom he had -never lost sight since their first acquaintance at Siguenza. - -Ximenes, meanwhile, had become more and more devoted to his sacred -calling. His marked business aptitudes had gained for him the post -of steward to a great nobleman, the Conde de Cifuentes, who had been -taken prisoner by the Moors. But secular concerns were distasteful -to him and Ximenes resigned his charge. His naturally austere and -contemplative disposition had deepened into stern fanatical enthusiasm -and he resolved to devote himself more absolutely to the service of the -Church. He entered the Franciscan order, threw up all his benefices -and employments, and became a simple novice in the monastery of San -Juan de los Reyes in Toledo, where his cloister life was signalised -by extreme severity and self-mortification. He wore haircloth next -his skin, slept on the stone floor with a wooden pillow under his -head, tortured himself with continual fasts and vigils, and flogged -himself perpetually. At last he became a professed monk, and because -of the fame of his exemplary piety, great crowds were attracted to -his confessional. He shrank now from the popular favour and retired -to a lonely convent in a far off forest, where he built himself a -small hermitage with his own hands and where he passed days and -nights in solemn abstraction and unceasing prayer, living like -the ancient anchorites on the green herbs he gathered and drinking -water from the running streams. Self centred and pondering deeply on -spiritual concerns, constantly in a state of mental exaltation and -ecstasy, he saw visions and dreamed dreams, believing himself to be -in close communication with celestial agencies and was no doubt on -the eve of going mad, when his superiors ordered him to reside in the -convent of Salceda, where he became charged with its administration -and management, and was forced to exercise his powerful mind for the -benefit of others. - -It was here that the call to court found him and he was summoned to -Valladolid and unexpectedly brought into the presence of the queen. -Isabella was greatly prepossessed in his favour by his simple dignity -of manner, his discretion, his unembarrassed self-possession and -above all his fervent piety in discussing religious questions. Yet he -hesitated to accept the office of her confessor, and only did so on -the condition that he should be allowed to conform to the rules of his -order and remain at his monastery except when officially on duty at the -court. - -Soon afterwards, he was appointed Provincial of the Franciscans -in Castile and set himself to reform their religious houses, -the discipline of which was greatly relaxed. Sloth, luxury and -licentiousness prevailed and especially in his own order, which was -wealthy and richly endowed with estates in the country, and stately -dwellings in the towns. These monks, styled "conventuals," wasted large -sums in prodigal expenditure, and were often guilty of scandalous -misconduct which Ximenes, as an Observantine, one of a small section -pledged to rigid observance of monastic rules, strongly condemned. He -was encouraged and supported in the work of reform by Isabella and a -special bull from Rome armed him with full authority. His rigorous and -unsparing action met with fierce opposition, but he triumphed in the -end and won a notable reward. When the archbishop of Toledo died, in -1495, Ximenes, unknown to himself, was selected for the great post of -primate of all Spain and Lord High Chancellor of Castile. - -The right to nominate was vested in the Queen, and Ferdinand in this -instance begged her to appoint his natural son, Alfonso, already -archbishop of Saragossa, but a child almost in years. She firmly and -unhesitatingly refused and recommended her confessor to the pope as -the most worthy recipient of the honour. When the bull making the -appointment arrived from Rome, the queen summoned Ximenes to her -presence handed him the letter and desired him to open it before her. -On reading the address, "To our venerable brother, Francisco Ximenes -de Cisneros, Archbishop of Toledo," he changed colour, dropped the -letter, and crying, "There must be some mistake," ran out of the room. -The queen, in surprise, waited, but he did not return and it was found -that he had taken horse and fled to his monastery. Two grandees were -despatched in hot haste to ride after him, overtake him and bring him -back to Madrid. He returned but still resisted all the entreaties of -his friends and the clearly expressed wishes of his sovereign. Finally -his persistent refusal was overborne, but only by the direct command of -the pope, who ordered him to accept the post for which his sovereigns -had chosen him. He has been sharply criticised for his apparent -humility, but it is generally admitted that he was sincere in his -refusal. He was already advanced in years, ambition was dying in him, -he had become habituated to monastic seclusion and his thoughts were -already turned from the busy turmoil of this world to the life beyond -the grave. - -However reluctant to accept high office, Ximenes was by no means slow -to exercise the power it gave him. He ruled the Spanish Church with -a rod of iron, bending all his energies to the work of reforming the -practices of the clergy, enforcing discipline and insisting upon the -maintenance of the strictest morality. He trod heavily, made many -enemies, and stirred so much ill feeling that the malcontents combined -to despatch a messenger to lay their grievances before the pope. The -officious advocate, however, got no audience but went home to Spain, -where twenty months' imprisonment taught him not to offend again the -masterful archbishop of Toledo. - -Ximenes in insisting upon a strict observance of propriety and -the adoption of an exemplary life, was in himself a model to the -priesthood. He never relaxed the personal mortifications which had -been his rule when a simple monk. He kept no state and made no -show, regulating his domestic expenditure with the strictest and -most parsimonious economy, until reminded by the Holy See that the -dignity of his great office demanded more magnificence. Still, when he -increased his display and the general style of living in household, -equipages and the number of his retainers, he continued to be as harsh -as ever to himself. - -In spite of all opposition and discontent he pursued his course with -inflexible purpose. His spirit was unyielding, and his energetic -proceedings were unremittingly directed to the amelioration and -improvement in the morals of the clergy with marked success. And now -he set himself with the same uncompromising zeal to extirpate heresy. -Having begged Archbishop Talavera to allow him to join in the good work -at Granada, he took immediate advantage of the consent given and began -to attack the Moorish unbelievers in his own vigorous fashion. His -first step was to call together a great conference of learned Mussulman -doctors, to whom he expounded with all the eloquence he had at his -command, the true doctrines of the Catholic faith and their superiority -to the law of Mahomet. He accompanied his teaching with liberal gifts, -chiefly of costly articles of apparel, a specious though irresistible -bribery, which had the desired effect. Great numbers of the Moorish -doctors came over at once and their example was speedily followed by -many of their illiterate disciples. So great was the number of converts -that no less than three thousand presented themselves for baptism in -one day, and as the rite could not be administered individually, they -were christened wholesale by sprinkling them from a mop or hyssop which -had been dipped in holy water, and from which the drops fell upon the -proselytes as it was twirled over the heads of the multitude. These -early successes stimulated the primate's zeal and he next adopted more -violent measures by proceeding to imprison and impose penalties upon -all Moors who still stood out against conversion. He was resolved -not merely to exterminate heresy, but to destroy the basis of belief -contained in the most famous Arabic manuscripts, large quantities of -which were collected into great piles and burned publicly in the great -squares of the city. Many of these were beautifully executed copies -of the Koran; others, treasured theological and scientific works, and -their indiscriminate destruction is a blot upon the reputation of the -cultivated prelate who had created the most learned university in Spain. - -More temperate and cautious people besought Ximenes to hold his hand. -But he proceeded pertinaciously, declaring that a tamer policy might -serve in temporal matters, but not where the interests of the soul were -at stake. If the unbeliever could not be drawn he must be driven into -the way of salvation, and he continued with unflinching resolution -to arrest all recusants, and throw them into the prisons which were -filled to overflowing. Discontent grew rapidly and soon broke into -open violence. When an _alguazil_ in Granada was leading a woman away -as a prisoner, the people rose and released her from custody. The -insurrection became general in the city and assumed a threatening -aspect. Granada was full of warlike Moors and a mob besieged Ximenes in -his house until he was rescued by the garrison of the Alhambra. - -The king and queen were much annoyed with Ximenes and condemned his -zealous precipitancy, but he was clever enough to vindicate his action -and bring the sovereigns to believe that it was imperative that the -rebellious Moors must be sharply repressed. Now a long conflict began. -Forcible conversion became the order of the day; baptism continued to -be performed in the gross upon thousands, the alternative being exile, -and numbers were actually deported to Barbary in the royal ships. A -fierce civil conflict broke out in the Alpujarras beyond Granada, which -required a royal army to quell. The object sought was the welfare of -the state by producing uniformity of faith. - -[Illustration: _Peint par Benjamin Constant_ -_Photogravure Goupil & C^{ie}._ - -_The Alhambra Palace, Granada_ - -The beautiful Moorish stronghold during the time of the supremacy -of the Moors was often made the home of slaves captured in near-by -frontier towns of Andalusia, who endured hateful bondage under the -rule of the Mohammedan monarch. Granada and its palace were finally -captured by Ferdinand and Isabella, and the Alhambra is to-day the -finest example of Moorish architecture, with its delicate elaboration -of detail.] - -Ximenes found a strenuous supporter in Diego Deza, the -inquisitor-general, who was eager to emulate the strictness of -his predecessor, Torquemada. Deza was a Dominican who had been at -one time professor of theology and confessor to the queen. He was by -nature and predilection exactly fitted for his new office upon which he -entered with extensive powers. A bull from Pope Alexander VI dated 1499 -invested him with the title of "Conservator of the Faith" in Spain. - -Deza gave a new constitution to the Holy Office and prescribed that -there should be a general "Inquest" in places not yet visited, and -that edicts should be republished requiring all persons to lay -information against suspected heretics. He stirred up the zeal of -all subordinate inquisitors and was well served by them, especially -by one, Lucero, commonly called _el Tenebroso_, "the gloomy," whose -savage and ruthless proceedings terrorised Cordova where he presided. -He made a general attack upon the most respectable inhabitants and -arrested great numbers, many of whom were condemned and executed. -Informers crowded Lucero's ante-chamber bringing monstrous tales of -heretical conspiracies to reëstablish Judaism and subvert the Church. -His familiars dragged the accused from their beds to answer to these -charges and the prisons overflowed. Cordova was up in arms and many -would have offered armed resistance to the Inquisition, but the more -circumspect people, the Bishop and Chapter, some of the nobility and -the municipal council appealed to Deza praying him to remove Lucero. -The inquisitor-general however turned furiously upon the complainants -and caused them to be arrested as abettors of heresy. Philip I, acting -for his wife Juana, the daughter of Ferdinand and Isabella, was -inclined to listen to the complainants, and suspended both Deza and -Lucero from their functions. But his sudden death stayed the relief -he had promised, and the tormenting officials returned to renew their -oppression. - -The Cordovese would not tamely submit and appealed to force. A strong -body of men under the Marques de Priego attacked the "Holy House," -broke open the prison and liberated many of those detained, shutting up -the officers of the Inquisition in their place. Lucero took to flight -upon a swift mule and escaped. Though for a time Deza continued to -keep his influence, he was shortly forced to resign and Cordova became -tranquil. Deza's persecution had spared no one. In the eight years -during which he held office, one account, probably greatly exaggerated, -says that 2,592 persons were burned alive, some nine hundred were -burned in effigy, and thirty-five thousand were punished by penance, -fines and confiscations. - -The fall of Deza and the hostile attitude of the people warned the -authorities that the affairs of the Inquisition must be managed -more adroitly. New inquisitors must be appointed and choice fell -upon Ximenes de Cisneros, who had already played a foremost part -in proselytising, but who now was willing to adopt more moderate -measures. The Pope in giving his approval sent him a cardinal's hat -as a recompense for past services, and as an encouragement to act -wisely in the future. He had a difficult task. Disaffection, strongly -pronounced, prevailed through the kingdom and the Inquisition was -everywhere cordially detested. Ximenes strove to appease the bitter -feeling by instituting a searching inquiry into the conduct of his -immediate predecessor, Deza, and promising to hear all complaints and -redress all grievances. He created a "Catholic Congregation" as a -special court to investigate the actions of Lucero in the proceedings -growing out of the charges against Archbishop Talavera and his -family. This court in due course pronounced a verdict of acquittal -and rehabilitation of the Talaveras. Ruined houses were rebuilt, the -memory of the dead restored to honour and fame, and this act of grace -was published at Valladolid with great solemnity in the presence of the -kings, bishops and grandees. - -Nevertheless Ximenes had no desire to remodel the Holy Office or -limit its operations to any considerable extent. On the contrary, -he bent all his efforts to develop its influence and make it an -engine of government, utilising it as a political as well as a -religious agency. It was as rigorous as ever but he set his face -like a flint against dishonesty. He systematised the division of the -realm into inquisitorial provinces, each under its own inquisitor -with headquarters in the principal cities, such as Seville, Toledo, -Valladolid, Murcia, and in Sardinia and Sicily beyond the seas. His -personal ascendancy became extraordinary. He enjoyed the unbounded -confidence and favour of the sovereign. He had been created Cardinal of -Spain, a title rarely conferred. As archbishop of Toledo, he was the -supreme head of the Spanish clergy, and as inquisitor-general, he was -the terror of every priest and every layman within his jurisdiction. -He had, in fact, reached the highest ecclesiastical rank, short of the -papacy and as he rose higher and higher he wielded powers little short -of an independent absolute monarch, and his zeal in the cause of his -religion grew more and more fervent and far-reaching. No doubt in an -earlier age he would have turned crusader, but now he sought to crush -the fugitive Moors who had escaped into Northern Africa, whence they -made constant descents upon the south of Spain, burning to avenge the -wrongs of their co-religionists, and were a constant scourge and source -of grievous trouble. - -The evils centred in the province of Oran, a fortified stronghold--the -most considerable of the Moslem possessions on the shores of the -Mediterranean--whence issued a swarm of pirate cruisers, manned by the -exiles driven out of Spain, who had sought and found a welcome refuge -in Oran. Ximenes was resolved to seize and sweep out this hornets' -nest and undertook its conquest on his own account. Much ridicule -was levelled at this "monk about to fight the battles of Spain," but -he went forth undeterred at the head of a powerful army, conveyed by -a strong fleet from Cartagena, which he landed at the African port of -Mazalquivir, and after some desperate fighting made himself master of -Oran. After his successful African campaign he resumed his duties of -chief inquisitor, and the Holy Office under his fierce and vigorous -rule became more than ever oppressive. Ximenes pursued his unwavering -course and encouraged his inquisitors in their unceasing activity. -He desired to extend the power and influence of the Inquisition, and -established it in the new countries recently added to the Spanish -dominion. A branch was set up in the newly conquered province of Oran, -and another farther afield in the recently discovered new world beyond -the Atlantic. On the initiative of Ximenes Fray Juan Quevedo, Bishop of -Cuba, was appointed chief inquisitor in the kingdom of Terrafirma, as -the territories of the new world were styled. - -The energetic pursuit of heresy did not monopolise the exertions of -Ximenes. He founded the great University of Alcalá, a vast design, a -noble seat of learning richly endowed with magnificent buildings and -a remarkable scheme of education, which produced the ablest and most -eminent scholars. Another great monument is the well known polyglot -Bible, designed to exhibit the scriptures in their various ancient -languages, a work of singular erudition upon which the munificent -cardinal expended vast sums. - -Ximenes lived to the advanced age of eighty-one, long enough to act as -regent of Spain during the interregnum preceding the arrival of Charles -I, better known as the Emperor Charles V. The immediate cause of his -death was said to have been the receipt of a letter from the Emperor in -which he was coldly thanked for his services and desired to retire to -his diocese, to "seek from heaven that reward which heaven alone could -adequately bestow." In his last moments he is reported to have said, -"that he had never intentionally wronged any man; but had rendered to -every one his due, without being swayed, as far as he was conscious, by -fear or affection." - -He combined a versatility of talent usually found only in softer and -more flexible characters. Though bred in the cloister, he distinguished -himself both in the cabinet and the camp. For the latter, indeed, so -repugnant to his regular profession, he had a natural genius, according -to the testimony of his biographer; and he evinced his relish for it -by declaring that "the smell of gunpowder was more grateful to him -than the sweetest perfume of Arabia!" In every situation, however, he -exhibited the stamp of his peculiar calling; and the stern lineaments -of the monk were never wholly concealed under the mask of the statesman -or the visor of the warrior. He had a full measure of the religious -bigotry which belonged to the age; and he had melancholy scope for -displaying it, as chief of that dread tribunal over which he presided -during the last ten years of his life. - -The accession of the grandson of Ferdinand and Isabella to the Spanish -throne as Charles I (better known as the Emperor Charles V), seemed -to foreshadow a change in the relations of the Inquisition and the -state. The young sovereign was born in Ghent and was more Fleming than -Spaniard. Though his grandfather left in his will solemn injunctions -"to labour with all his strength to destroy and extirpate heresy" and -to appoint ministers "who will conduct the Inquisition justly and -properly for the service of God and the exaltation of the Catholic -faith, and who will also have great zeal for the destruction of the -sect of Mahomet," it was reported that he sympathised with the critics -of the Inquisition and was disposed to curtail its activity. The -influence of his old tutor, Adrian of Utrecht, whom he commissioned -inquisitor-general, first of Aragon, and, after the death of Ximenes, -of Castile also, changed him however into a strong friend and staunch -supporter of the institution. - -Cardinal Manrique, who followed as inquisitor-general, was a man of -more kindly disposition, charitable and a benefactor to the poor. -He was inclined to relax the severities of the Holy Office but it -was urged upon him that heresy was on the increase on account of the -appearance of Lutheran opinions and the bitterest persecution was -more than ever essential. Protestants began to appear sporadically and -called for uncompromising repression. The writings of Luther, Erasmus, -Melancthon, Zwingli, and the rest of the early reformers were brought -into Spain, but the circulation was adjudged a crime, though Erasmus -had once been a favourite author. - -The Inquisition later prepared an _Index Expurgandorum_, or list of -condemned and prohibited literature. All books named on it were put -under the ban of the law. Possession of a translation of the Bible in -the vulgar tongues was forbidden in 1551, and the prohibition was not -lifted until 1782. By that time there was no longer such keen interest -in its contents, and the Book was little circulated. In 1825 the -British and Foreign Bible Society sent one of its agents into Spain to -distribute it, and his adventures are described autobiographically in -that interesting work, George Borrow's "Bible in Spain." - -In spite of all the efforts to make good Catholics and good Spaniards -of the Moriscos, little real progress was made. They had accepted -baptism under compulsion, not realising that thereby they were brought -under control of the Church. Little effort was made to instruct them, -moreover, and as a result thousands, nominally Christians, observed -scrupulously the whole Moslem ritual, used the old language, and kept -their old costume. Some, to be sure, were hardly to be distinguished -from the Spaniards with whom they had intermarried, but, on the whole, -they seemed an unassimilable element in the population. - -When Philip II succeeded his father, Charles V, in 1556, he determined -to take strong measures. A decree proclaimed in Granada in 1566 forbade -the use of the distinctive dress and of the Moorish names. The old -customs were to be abandoned, and all the baths were to be destroyed. -Rebellion followed this edict, and, for a time, it was doubtful whether -it could be crushed. Finally open resistance was overcome, and several -thousand were transferred to the mountains of Northern Spain. Meanwhile -the Inquisition was active, and thousands were brought to trial for -pagan practices. - -Prejudice continued to grow, and fanatics declared that Spain could -never prosper until the "evil seed" was destroyed or expelled from -the Christian land. Jealousy of the prosperity of the Moriscos led -the populace to agree with the bigots, and finally expulsion was -unanimously decreed by the Council of State, in 1609, during the -reign of Philip III. Valencia was first purged, and next Murcia, -Granada, Andalusia, Old and New Castile and Aragon. Afterward vigorous -attempts to root out individuals of Moorish blood, who had become -indistinguishable because of their strict conformity, were made. Great -suffering was incurred by the unfortunate exiles and many died. Those -who reached Africa carried with them a hatred which persists to the -present. - -The number driven out is uncertain. The estimates vary from three -hundred thousand to three million. Probably the most accurate estimate -is that of six hundred thousand. In this number were included the most -skilful artisans, and the most industrious and most thrifty portion of -the population. It was a mistake from which Spain has never recovered. - - - - -CHAPTER III - -PRISONS AND PUNISHMENTS - - Prisons, usually, a part of the building occupied by court--Better - than civil prisons--Torture inflicted--No new methods - invented--Description of various kinds--Two Lutheran congregations - broken up--Description of some famous _autos da fé_--Famous - victims--Englishmen punished--Archbishop Carranza's trial. - - -The prisons of the Inquisition fall under two great heads, the -"secret prisons" in which those awaiting trial were confined, and the -"penitential prisons" where sentences were served. Generally there were -also _cárceles de familiares_ where officers of the institution charged -with wrong-doing were confined. In some tribunals there were others -variously called _cárceles medias_, _cárceles comunes_, and _cárceles -públicas_, where offenders not charged with heresy might be confined. - -The secret prisons, however, have most fired the imagination. A -man might disappear from his accustomed haunts, and for years his -family and friends be ignorant of his condition, or even of his very -existence, until one day he might appear at an _auto da fé_. What -went on within the walls was a mystery. Seldom did any hint of the -proceedings leak out. Everyone was sworn to secrecy, and the arm of the -Inquisition was long, if the luckless witness or attendant failed to -heed his instructions. - -These prisons were almost invariably a part of the building occupied -by the tribunal. In Valencia, it was the archbishop's palace; in -Saragossa, the royal castle; in Seville, the Triana; in Cordova, the -Alcázar, and so on. In some, there were cells and dungeons already -prepared, in others, they were constructed. There was no common -standard of convenience or sanitation. In many cases, generally, -perhaps, they were superior to the common jails in which ordinary -prisoners were confined. Yet we know that some were entirely dark and -very damp. Others were so small that a cramped position was necessary, -and were hardly ventilated at all. Sometimes they were poorly cared -for, and loathsome filth and vermin made them unendurable. Many -places were used for prisons during the three hundred years of the -Inquisition, and no statement is broad enough to cover them all. The -mortality was high, yet not so high as in the prisons generally. Since -many were unsuitable and often unsafe, the wearing of fetters was -common. Prisoners often, incidentally, speak of their chains. - -Occasionally more than one prisoner occupied the same room, and much -evidence was secured in this way, as each hoped to lighten his own -punishment by inculpating others. Writing materials were permitted, -though every sheet of paper must be accounted for and delivered into an -official's hands. Lights were not permitted however. - -Yet entire secrecy was not always secured. Attendants were sometimes -bribed, and by various ingenious methods, communications occasionally -found their way in or out. Again in cases of severe sickness, the -prisoner might be transferred to a hospital, which however must account -for him if he recovered. Cardinal Adrian, the inquisitor-general, -reminded the tribunals that the prison was for detention, not for -punishment, that prisoners must not be defrauded of their food, and -that the cells must be carefully inspected. - -These and similar instructions issued at intervals were not always -obeyed, for inquisitors were often negligent. According to Lea, "no -general judgment can be formed as to the condition of so many prisons -during three centuries, except that their average standard was -considerably higher than that in other jurisdictions, and that, if -there were abodes of horror, such as have been described by imaginative -writers they were wholly exceptional."[5] Again the same author quotes -instances where prisoners speak of improved health, due to better -food in prison than they were accustomed to at home, and in summing -up declares that the general management was more humane than could be -found elsewhere, either in or out of Spain. - -[5] Lea. History of the Inquisition in Spain. Vol. II. p. 526. - -We may briefly recapitulate the various processes of the Inquisition -in order, as they obtained. First came the denunciation, followed -by seizure and the commencement of an inquiry. The several offences -imputed were next submitted to those logical experts named "qualifiers" -who decided, so to speak, "whether there was a true bill," in which -case the procurator fiscal committed the accused to durance. Three -audiences were given him, and the time was fully taken up with cautions -and monitions. The charges were next formulated but with much prolixity -and reduplication. They were not reduced to writing and delivered to -the accused for slow perusal and reply, but were only read over to him, -hurriedly. On arraignment he was called upon to reply, then and there, -to each article, to state at once whether it was true or false. The -charges were usually originated by an informer and resort was had, if -necessary, to "inquiry," the hunting up of suspicious or damaging facts -on which evidence was sought, in any quarter and from any one good or -bad. If the accused persisted in denial he was allowed counsel, but -later the counsel became an official of the Inquisition and naturally -made only a perfunctory defence. An appeal to torture was had if the -prisoner persisted in denying his guilt, in the face of plausible -testimony, or if he confessed only partially to the charges against -him, or if he refused to name his accomplices. A witness who had -retracted his testimony or had contradicted himself, might be tortured -in order that the truth might be made known. - -It was admitted, however, that torture was by no means an infallible -method for bringing out the truth. "Weak-hearted men, impatient of the -first pain, will confess crimes they never committed and criminate -others at the same time. Bold and strong ones will bear the most severe -torments. Those who have been already on the rack are likely to bear -it with greater courage, for they know how to adapt their limbs to it -and can resist more powerfully." It may be admitted that the system -was so far humane that the torture was not applied until every other -effort had been tried and had failed. The instruments of torture -were first exhibited with threats, but when once in use, it might be -repeated day after day, "in continuation," as it was called, and if any -"irregularity" occurred, such as the death of a victim, the inquisitors -were empowered to absolve one another. Nobles were supposedly exempted -from torture, and it was not permissible by the civil laws in Aragon, -but the Holy Office was nevertheless authorised to torture without -restriction all persons of all classes. - -Torture was not inflicted as a punishment by the Inquisition, nor was -it peculiar to its trials. Until a comparatively recent date it was -a recognised method of securing testimony, accepted in nearly all -courts of Europe as a matter of course. The Inquisition seems to have -invented no new methods, and seldom used the extreme forms commonly -practised. In fact in nearly every case, torture was inflicted by the -regular public executioner who was called in for the purpose and sworn -to secrecy. The list of tortures practised on civil prisoners was -long, and they seem to us now fiendish in their ingenuity. A complete -course would require many hours, and included apparently the infliction -of pain to every organ or limb and to almost every separate muscle -and nerve. The records of the Inquisition show almost invariably the -infliction of a few well known sorts. - -Some sorts were abandoned because of the danger of permanent harm, and -others less violent, but probably no less painful, were substituted. -Often the record states that the prisoner "overcame the torture," -_i. e._ was not moved to confess. Evidently, though the whole idea is -abhorrent to us to-day, torture as inflicted was less awful than some -writers would have us believe.[6] - -[6] Lea. History of the Inquisition in Spain. Vol. III. - -A curious memento of the methods employed by the Holy Office has been -preserved in an ancient "Manual of the Inquisition of Seville," a -thin quarto volume bound in vellum, with pages partly printed, partly -in manuscript. It bears the date 1628, and purports to be compiled -from ancient and modern instructions for the order of procedure. It -was found in the Palace of the Inquisition at Seville, when it was -sacked in the year 1820. One part of this manual details the steps to -be taken, "when torture has to be performed." The criminal having -been brought into the audience, was warned that he had not told the -entire truth, and as he was believed to have kept back and hidden many -things, he was about to be "tormented" to compel him to speak out. -Formal sentence to the torture chamber was then passed, after "invoking -the name of Christ." It was announced that the "question" would be -administered. The method of infliction was detailed whether by pulleys -or by water or cords, or by all, to be continued for "as long a time as -may appear well," with the proviso that if in the said torment, "he (or -she) should die or be wounded, or if there be any effusion of blood or -mutilation of member, the blame should be his (or hers) not ours." - -Here follows in manuscript the description of the torments applied to -one unfortunate female whose name is not given. - -"On this she was ordered to be taken to the chamber of Torment whither -went the Lords Inquisitors, and when they were there she was admonished -to tell the truth and not to let herself be brought into such great -trouble. - -"Her answer is not recorded. - -"Carlos Felipe, the executor of Justice, was called and his oath taken -that he would do his business well and faithfully and that he would -keep the secret. All of which he promised. - -"She was told to tell the truth or orders would be given to strip her. -She was commanded to be stripped naked. - -"She was told to tell the truth or orders would be given to cut off her -hair. It was taken off and she was examined by the doctor and surgeon -who certified that there was no reason why she should not be put to the -torture. - -"She was commanded to mount the rack and to tell the truth or her -body should be bound; and she was bound. She was commanded to tell -the truth, or they would order her right foot to be made fast to the -_trampazo_."[7] - -[7] _Trampazo_ means, exactly, an "extreme tightening of cords": _La -ultima de las vueltas que se dan en el tormento de las cuerdas_. - -After the _trampazo_ of the right foot that of the left followed. Then -came the binding and stretching of the right arm, then that of the -left. After that the _garrote_ or the compression of the fleshy parts -of the arms and thighs with fine cords, a plan used to revive any -person who had fainted under the torture. Last of all the _mancuerda_ -was inflicted, a simultaneous tension of all the cords on all the limbs -and parts. - -The water torture was used to extort confession. The patient was -tightly bound to the _potro_, or ladder, the rungs of which were -sharp-edged. The head was immovably fastened lower than the body, and -the mouth was held open by an iron prong. A strip of linen slowly -conducted water into the mouth, causing the victim to strangle and -choke. Sometimes six or eight jars, each holding about a quart, were -necessary to bring the desired result. This is the "water-cure" found -in the Philippines by American soldiers when the islands were captured. - -If these persuasions still failed of effect, or if the hour was late, -or "for other considerations" the torment might be suspended with the -explanation that it had been insufficiently tried and the victim was -taken back to his prison to be brought out again after a respite. If, -on the other hand, a confession was secured, it was written down word -for word and submitted to the victim for ratification after at least -twenty-four hours had elapsed. If he revoked the confession, he might -be tortured again. - -When a number of cases had been decided, the Suprema appointed a day, -usually a Sunday or a feast day, for pronouncing sentence. This was -an _auto da fé_, literally an "act of faith." The greater festivals, -Easter day, Christmas day, or Sundays in Advent or Lent were excepted -because these holy days had their own special musical or dramatic -entertainments in the churches. The day fixed was announced from all -the pulpits in the city (Seville or Madrid or Cordova as the case might -be) and notice given that a representative of the Inquisition would -deliver a "sermon of the faith" and that no other preacher might raise -his voice. The civil authorities were warned to be ready to receive -their victims. At the same time officials unfurled a banner and -made public proclamation to the effect that "no person whatever his -station or quality from that hour until the completion of the _auto_ -should carry arms offensive or defensive, under pain of the greater -excommunication and the forfeiture of such arms; nor during the same -period should any one ride in coach, or sedan chair, or on horseback, -through the streets in the route of the procession, nor enter the -enclosure in which the place of execution (_quemadero_) was erected," -which was usually beyond the walls. - -On the eve of the great day a gorgeous procession was organised, for -which all the communities of friars in the city and neighbourhood -assembled at the Holy House of the Inquisition, together with the -commissaries and familiars of the Holy Office. They sallied forth in -triumphal array, followed by the "qualifiers" and experts, all carrying -large white tapers, lighted. In their midst a bier was borne covered -with a black pall, and, bringing up the rear, was a band, instrumental -and vocal, performing hymns. In this order the procession reached the -public square, when the pall was removed from the bier and a green -cross disclosed which was carried to the altar on the platform, and -there erected surrounded by a dozen candles. The white cross was -carried to the burning place. Now a strong body of horse and a number -of Dominican friars took post to watch through the night and the rest -of the actors dispersed. At the same time those who were to suffer -were prepared for the fatal event. All were shaved close, both head -and beard, so that they might present an appearance of nakedness and -humiliation suitable to their forlorn condition. At sunrise on their -last day they were arrayed in the prescribed garb and brought from -their cells into the chapel or great hall. The least heinous offenders -were in coarse black blouses and pantaloons, and were bare-footed and -bare-headed. The worst culprits were in the _sanbenito_ or penitential -sack of yellow canvas, adorned with a St. Andrew's cross in bright red -paint, and they often carried a halter round their necks as a badge -of ignominy. Those to die at the stake were distinguished by black -_sanbenitos_ with painted flames and wore on their heads a conical -paper headdress in the shape of a bishop's mitre, but also resembling -somewhat a fool's cap. This was called the _coroza_, a contemptuous -form of _corona_ or crown. To make the clothing more hideous, it was -decorated by coarse pictures of devils in flames. The condemned as -they passed on their way were assailed to the last with importunate -exhortations to repent, and a promise was held out to them that if -they yielded they would be rewarded by a less painful death, and would -be strangled before the flames reached them. All the penitents were -obliged to sit upon the ground in profound silence and without so much -as moving a limb, while the slow hours dragged themselves along. In the -morning a sumptuous meal was set before them, and they were suffered -to eat their fill. All the officials and visitors were also regaled -before the day's business began. - -After the sermon, the secretary read to all the people the oath -pledging them to support the Inquisition. Then sentences were -pronounced, beginning with the lesser offenders and proceeding to the -graver. The punishments ranged from a reprimand, through abjuration, -fines, exile, for a longer or shorter period, destruction of residence, -penance, scourging, the galleys, imprisonment, wearing the _sanbenito_ -or penitential garment, up to "relaxation to the secular arm;" _i. e._ -death by fire. These penalties carried with them civil disability, and -tainted the blood of the descendants of the condemned as well. - -Penance might be inflicted in various forms. The condemned, perhaps, -might be required to fast one day in every week, to recite a specified -number of prayers on appointed days, or to appear at the church door -with a halter around his neck on successive Sundays. When scourging was -inflicted, the penitent, naked to the waist, was placed astride an ass, -and paraded through the principal streets preceded by the town crier. -Meanwhile the executioner, accompanied by a clerk to keep tally, plied -the _penca_ or leather strap, but was charged most solemnly not to draw -blood. Usually two hundred lashes was the limit. - -Theoretically a heretic who escaped the stake by confession was -sentenced to perpetual imprisonment. This penalty might be served in -a prison, a monastery, or in a private house. As a matter of fact, -comparatively few were kept in prisons as the expense of maintenance -was a heavy burden, and the sentences were usually changed to -deportation to the colonies, or assignment to the galleys, or else the -sentence was shortened. - -The trial and sentence of the bodies of the dead was common, but it -was not peculiar to the Inquisition. As late as 1600, in Scotland, the -bodies of the Earl of Gowrie and his brother were brought into court, -and sentenced to be hanged, quartered and gibbeted. Logan of Restalrig, -in 1609, three years after his death, was tried on the charge of being -concerned in the same conspiracy, was found guilty and his property was -confiscated. - -In recounting the punishments imposed by the Inquisition, we must not -forget that it assumed jurisdiction over many crimes which to-day -are tried by the civil courts. Bigamy was punished as, by a second -marriage, the criminal denied the authority of the Church which makes -marriage a sacrament. Certain forms of blasphemy also were brought -before it, and perjury as well. Personation of the priesthood, or -of officials of the Inquisition, was punished, and later it gained -jurisdiction over unnatural crimes. Sorcery and witchcraft, which in -other states, including the American colonies, were considered subjects -for the secular courts, were within the jurisdiction of the Spanish -Inquisition. - -Strange as it may appear at first thought, the attitude of the -Inquisition toward the witchcraft delusion was one of skepticism almost -from the beginning. Individual inquisitors, influenced by the well nigh -universal belief, were occasionally active, but the Suprema moderated -their zeal. In 1610 an _auto_ was held at Logroño, which was the centre -of wild excitement. Twenty-nine witches were punished, six of whom were -burned, and the bones of five others who had died in prison were also -consumed. The eighteen remaining were "reconciled." In 1614, however, -the Suprema drew up an elaborate code of instructions to the tribunals. -While not denying the existence of witchcraft, these instructions -treated it as a delusion and practically made proof impossible. As a -result of this policy the victims of the craze in Spain can be counted -almost by the score, while in almost every other country of Europe, -they are numbered by the thousand. In Great Britain the best estimate -fixes the number of victims at thirty thousand, and as late as 1775 -the great legal author, Sir William Blackstone, says that to deny -"the actual existence of witchcraft and sorcery is at once flatly to -contradict the revealed word of God."[8] - -[8] Lea. History of the Inquisition in Spain. Vol. IV. - -Heresy, of course, according to the views not only of Catholics but -of Protestants, deserved death as a form of treason. Tolerance is a -modern idea. Calvin burned Servetus at Geneva and was applauded for -it. Protestants in England persecuted other Protestants as well as -Catholics. The impenitent heretic in Spain was burned alive. That -one, who after conviction, expressed his repentance, and his desire -to die in the Church was usually strangled before the flames touched -him. Before going on to describe some famous _autos da fé_ and the -subsequent infliction of the death penalty, a word of explanation is in -order. - -Protestant doctrines were introduced into Spain either by foreigners -or by natives who travelled or studied in foreign lands, but made slow -headway. In 1557 a secret organisation, comprising about one hundred -and twenty members, was discovered in Seville. The next year another -little band of about sixty was found in Valladolid. - -The almost simultaneous exposure of these two heretical organisations, -both of which included some prominent people, created great commotion. -Charles V, then living at San Yuste, whither he had retired after his -abdication, wrote to his daughter Juana, who was acting as regent -in the absence of Philip II, urging the most stringent measures and -advocating that the heretics be pursued mercilessly. Little stimulation -of the Inquisition was necessary, and the two little congregations were -destroyed. - -A part of those condemned at Valladolid were sentenced at a great -_auto da fé_ held on Trinity Sunday, May 21st, 1559, in Valladolid, -not before Philip II, who was abroad, but his sister, Princess -Juana, presided and with her was the unhappy Prince, Don Carlos. -It was a brilliant gathering, a great number of grandees of Spain, -titled noblemen and gentlemen untitled, ladies of high rank in -gorgeous apparel, all seated in great state to watch the arrival of -the penitential procession. Fourteen heretics were to die, sixteen -more to be "reconciled" but to be branded with infamy and suffer -lesser punishments. Among the sufferers were many persons of rank -and consideration such as the two brothers Cazalla and their sister, -children of the king's comptroller, one of them a canon of the Church, -the other a presbyter, and all three members of the little Lutheran -congregation. Their mother had died in heresy and on this occasion her -effigy, clad in her widow's weeds and wearing a mitre with flames, was -paraded through the streets and then burned publicly. Her house, where -Lutherans had met for prayer, was razed to the ground and a pillar -erected with an inscription setting forth her offence and sentence. -Another victim was the licentiate, Antonio Herrezuelo, an impenitent -Lutheran, the only one who went to the stake unmoved, singing psalms by -the way, and reciting passages of scripture. They gagged him at last -and a soldier in his zeal stabbed him with his halberd, but the wound -was not mortal and bleeding and burning, he slowly expired. - -The sixteen who survived the horrors of the day were haled back to -the prison of the Inquisition to spend one more night in the cells. -Next morning they were again taken before the inquisitors who exhorted -them afresh, and their sentences were finally read to them. Some -destined to the galleys were transferred first to the civil prison to -await removal, after they had been flogged through the streets and -market places. Others clad in the _sanbenito_ and carrying ropes were -exposed to the hoots and indignities of the ribald crowd. All who -passed through the hands of the Holy Office were sworn to seal up in -everlasting silence whatever they had seen, heard or suffered, on peril -of a renewed prosecution. - -Philip II was present at the second great _auto_ in Valladolid in -October of the same year, when the remainder of the Protestants were -sentenced. His wife, Queen Mary of England, was dead, and he returned -to Spain by way of the Netherlands, embarking at Flushing for Laredo. -Rough weather and bad seamanship all but wrecked his fleet in sight of -port, and Philip vowed if he were permitted to set foot on shore, to -prosecute the heretics of Spain unceasingly. He was saved from drowning -and went at once to Valladolid to carry out his vow. - -The ceremony was organised with unprecedented pomp and splendour. The -king came in state, rejoicing that several notable heretics had been -reserved to die in torments, for his especial delectation. His heir, -Don Carlos, Prince of Asturias, was also present but under compulsion; -he was, at that time, no more than fourteen years of age and had -writhed with agony at the sight of the suffering at the former _auto_. -Moreover, when called upon to swear fidelity to the Inquisition, he -had taken the oath with great reluctance. Not so King Philip, who when -called upon to take the same oath at the second _auto da fé_, rose in -his place, drew his sword and brandished it as he swore to show every -favour to the Holy Office and support its ministers against whomsoever -might directly or indirectly impede its efforts or affairs. "_Asi lo -juro_," he said with deep feeling. "Thus I swear." - -The victims at this great _auto da fé_ were many and illustrious. -One was Don Carlos de Seso, an Italian of noble family, the son of -a bishop, a scholar who had long been in the service of the Emperor -Charles V, and was chief magistrate of Toro. He had married a Spanish -lady and resided at Logroño, where he became an object of suspicion -as a professor of Lutheranism, and was arrested. They took him to the -prison of Valladolid, where he was charged, tortured and condemned to -die. When called upon to make confession, he wrote two full sheets -denouncing the Catholic teaching, claiming that it was at variance with -the true faith of the gospel. The priests argued with him in vain, -and he was brought into church next morning, gagged, and so taken to -the burning place, "lest he should speak heresy in the hearing of the -people." At the stake the gag was removed and he was again exhorted to -recant but he stoutly refused and bade them light up the fire speedily -so that he might die in his belief. - -Much grief was felt by the Dominicans at the lapse of one of their -order, Fray Domingo de Rojas, who was undoubtedly a Lutheran. On his -way to the stake he strove to appeal to the king who drove him away -and ordered him to be gagged. More than a hundred monks of his order -followed him close entreating him to recant, but he persisted in a -determined although inarticulate refusal until in sight of the flames. -He then recanted and was strangled before being burned. One Juan -Sanchez, a native of Valladolid, had fled to Flanders, but was pursued, -captured and brought back to Spain to die on this day. When the cords -which had bound him snapped in the fire, he bounded into the air with -his agony but still repelled the priests and called for more fire. Nine -more were burned in the presence of the king, who was no merely passive -spectator, but visited the various stakes and ordered his personal -guard to assist in piling up the fuel. - -The congregation at Seville were sentenced at _autos_ held in 1559 and -1560. On December 22d of the latter year, there were fourteen burned in -the flesh and three in effigy. The last were notable people. One was -Doctor Egidio, who had been a leading canon of Seville Cathedral, and -who had been tried and forced to recant his heresies in 1552. After -release he renewed his connection with the Lutherans, but soon died -and was buried at Seville. His corpse was exhumed, brought to trial, -and burnt with his effigy; all his property was confiscated and his -memory declared infamous. Another was Doctor Ponce de la Fuente, a man -of deep learning and extraordinary eloquence who had been chaplain and -preacher to the emperor. He followed the Imperial Court into Germany, -then returned to charm vast congregations in Seville, but his sermons -were reported by spies to be tainted with the Reformed doctrines. He -was seized by the Inquisition and many incriminating papers were also -taken. When cast into a secret dungeon and confronted with these proofs -of his heresy, he would make no confession, nor would he betray any -of his friends. He was transferred to a subterranean cell, damp and -pestiferous, so narrow he could barely move himself, and was deprived -of the commonest necessaries of life. Existence became impossible under -such conditions, and he died, proclaiming with his last breath that -neither Scythians nor cannibals could be more cruel and inhuman than -the barbarians of the Holy Office. The third effigy consumed was that -of Doctor Juan Pérez de Pineda, then a fugitive in Geneva. - -Chief among the living victims was Julian Hernandez, commonly called -_el Chico_, "the little," from his diminutive stature. Yet his heart -was of the largest and his courage extraordinary. He was a deacon -in the Reformed Church and dared to penetrate the interior of Spain, -disguised as a muleteer, carrying merchandise in which Lutheran -literature was concealed. Being exceedingly shrewd and daring he -travelled far and wide, beyond Castile into Andalusia, distributing his -books among persons of rank and education in all the chief cities. His -learning, skill in argument, and piety, were not less remarkable than -the diligence and activity by which he baffled all efforts to lay hold -of him. At last he was caught and imprisoned. Relays of priests were -told off to controvert his opinions, and he was repeatedly tortured to -extract the names of those who had aided him in his long and dangerous -pilgrimage through the Peninsula, but he was staunch and silent to the -last. - -A citizen of London, one Nicholas Burton, was a shipmaster who traded -to Cadiz in his own vessel. He was arrested on the information of a -"familiar" of the Inquisition, charged with having spoken in slighting -terms of the religion of the country. No reason was given him, and -when he protested indignantly, he was thrown into the common gaol -and detained there for a fortnight, during which he was moved to -administer comfort and preach the gospel to his fellow-prisoners. -This gave a handle to his persecutors and he was removed on a further -charge of heresy to Seville, where he was imprisoned, heavily ironed -in the secret gaol of the Inquisition in the Triana. At the end he was -condemned as a contumacious Lutheran, and was brought out, clad in -the _sanbenito_ and exposed in the great hall of the Holy Office with -his tongue forced out of his mouth. Last of all, being obdurate in his -heresy, he was burned and his ship with its cargo was taken possession -of by his persecutors. - -The story does not end here. Another Englishman, John Frampton, an -attorney of Bristol, was sent to Cadiz by a part-owner to demand -restoration of the ship. He became involved in a tedious law suit and -was at last obliged to return to England for enlarged powers. Bye and -bye he went out a second time to Spain, and on landing at Cadiz was -seized by the servants of the Inquisition and carried to Seville. He -travelled on mule back "tied by a chain that came three times under its -belly and the end whereof was fastened in an iron padlock made fast to -the saddle bow." Two armed familiars rode beside him, and thus escorted -and secured, he was conveyed to the old prison and lodged in a noisome -dungeon. The usual interrogatories were put to him and it was proved -to the satisfaction of the Holy Office that he was an English heretic. -The same evidence sufficed to place him on the rack, and after fourteen -months, he was taken to be present as a penitent at the same _auto da -fé_ which saw Burton, the ship's captain, done to death. Frampton went -back to prison for another year and was forbidden to leave Spain. He -managed to escape and returned to England to make full revelation of -his wrongs, but the ship was never surrendered and no indemnity was -obtained. - -Other Englishmen fell from time to time into the hands of the -Inquisition. Hakluyt preserved the simple narratives of two English -sailors, who were brought by their Spanish captors from the Indies as -a sacrifice to the "Holy House" of Seville, though the authenticity of -the statement has been attacked. One, a happy-go-lucky fellow, Miles -Phillips, who had been too well acquainted in Mexico with the dungeons -of the Inquisition, slipped over the ship's side at San Lucar, near -Cadiz, made his way to shore, and boldly went to Seville, where he -lived a hidden life as a silk-weaver, until he found his chance to -steal away and board a Devon merchantman. The other, Job Hortop, added -to his two years of Mexican imprisonment, two more years in Seville. -Then "they brought us out in procession," as he tells us, "every one of -us having a candle in his hand and the coat with S. Andrew's cross on -our backs; they brought us up on an high scaffold, that was set up in -the place of S. Francis, which is in the chief street in Seville; there -they set us down upon benches, every one in his degree and against -us on another scaffold sate all the Judges and the Clergy on their -benches. The people wondered and gazed on us, some pitying our case, -others said, 'Burn those heretics.' When we had sat there two hours, we -had a sermon made to us, after which one called Bresina, secretary to -the Inquisition, went up into the pulpit with the process and called -on Robert Barret, shipmaster, and John Gilbert, whom two familiars of -the Inquisition brought from the scaffold in front of the Judges, and -the secretary read the sentence, which was that they should be burnt, -and so they returned to the scaffold and were burnt. - -"Then, I, Job Hortop and John Bone, were called and brought to the same -place, as the others and likewise heard our sentence, which was, that -we should go to the galleys there to row at the oar's end ten years -and then to be brought back to the Inquisition House, to have the coat -with St. Andrew's cross put on our backs and from thence to go to the -everlasting prison remediless. - -"I, with the rest were sent to the Galleys, where we were chained -four and four together.... Hunger, thirst, cold and stripes we lacked -none, till our several times expired; and after the time of twelve -years, for I served two years above my sentence, I was sent back to -the Inquisition House in Seville and there having put on the above -mentioned coat with St. Andrew's cross, I was sent to the everlasting -prison remediless, where I wore the coat four years and then, upon -great suit, I had it taken off for fifty duckets, which Hernandez de -Soria, treasurer of the king's mint, lent me, whom I was to serve for -it as a drudge seven years." This victim, too, escaped in a fly-boat at -last and reached England. - -The records of the Inquisition of this period contain the name of an -eminent Spanish ecclesiastic who offended the Holy Office and felt -the weight of its arm. This was Bartolome de Carranza, Archbishop of -Toledo, Primate of Spain, a Dominican,--whose rise had been rapid and -who was charged with leanings toward Lutheranism. In early life he -had passed through the hands of the Inquisition and was censured for -expressing approval of the writings of Erasmus, but no other action -was taken. His profound theological knowledge indeed commended him to -the Councils of the Church, for which he often acted as examiner of -suspected books. - -Carranza's connection with English history is interesting. At the -time of Queen Mary's marriage with Philip II, he came to London to -arrange, in conjunction with Cardinal Pole, for the reconciliation -of England to Rome. He laboured incessantly to win over British -Protestants, "preached continually, convinced and converted heretics -without number, ... guided the Queen and Councils and assisted in -framing rules for the governance of the English Universities." He -was particularly anxious for the persecution of obstinate heretics, -and was in a measure responsible for the burning of Thomas Cranmer, -Archbishop of Canterbury. His zeal and his great merits marked him down -as the natural successor to the archbishopric of Toledo, when it became -vacant, and he was esteemed as a chief pillar of the Catholic Church, -destined in due course to the very highest preferment. He might indeed -become cardinal and even supreme pontiff before he died. - -Yet when nearing the topmost pinnacle he was on the verge of falling -to the lowest depths. He had many enemies. His stern views on Church -discipline, enunciated before the Council of Trent, alienated many of -the bishops, who planned his ruin and secretly watched his discourses -and writings for symptoms of unsoundness. Valdés, the chief inquisitor, -was a leading opponent and industriously collected a mass of evidence -tending to inculpate Carranza. He had used "perilous language" when -preaching in England, especially in the hearing of heretics, and one -witness deposed that some of his sermons might have been delivered -by Melancthon himself. He had affirmed that mercy might be shown to -Lutherans who abjured their errors, and had frequently manifested -scandalous indulgence to heretics. Valdés easily framed a case against -Carranza, strong enough to back up an application to the pope to -authorise the Inquisition to arrest and imprison the primate of Spain. -Paul IV, the new pope, permitted the arrest. Great circumspection was -shown in making it because of the prisoner's rank. Carranza was invited -to come to Valladolid to have an interview with the king, and, with -some misgivings, the archbishop set out. A considerable force of men -was gathered together by the way--all loyal to the Inquisition--and at -the town of Torrelaguna, the arrest was made with great formality and -respect. - -On reaching Valladolid the prisoner begged he might be lodged in the -house of a friend. The Holy Office consented but hired the building. -The trial presented many serious difficulties. Here was no ordinary -prisoner; Carranza was widely popular, and the Supreme Council of the -Kingdom was divided as to the evidences of his guilt. Nearly a hundred -witnesses were examined, but proof was not easily to be secured. -Besides, Carranza had appealed to the Supreme Pontiff. Year after year -was spent in tiresome litigation and a fierce contest ensued between -Rome and the Spanish court which backed up the Inquisition. At length, -after eight years' confinement, the primate was sent to Cartagena to -take ship for Rome, accompanied by several inquisitors and the Duke of -Alva, that most notorious nobleman, the scourge and oppressor of the -Netherlands. All landed at Civita Vecchia and the party proceeded to -the Holy City, when Carranza was at once lodged in the Castle of St. -Angelo, the well known State prison. He was detained there nine years, -until released by Pope Gregory XIII. He was censured for his errors, -and required to abjure the Lutheran principles found in his writings, -and was relieved from his functions as archbishop, to which, however, -his strength, impaired by age and suffering, was no longer equal. While -visiting the seven churches as a penance, he was taken ill, April 23d, -1576, and soon died. Before his death, however, the pope gave him full -indulgence. - -Those who saw him in his last days record that he bore his trials with -dignity and patience. But this learned priest who had been called to -the highest rank of the ecclesiastical hierarchy, only to be himself -assailed and thrown down, was the same who had sat in cruel judgment -upon Thomas Cranmer and compassed his martyrdom. - - - - -CHAPTER IV - -THE INQUISITION ABROAD - - Fresh field for the Inquisition in Spanish America--Operations begun - by Ximenes and more firmly established by Charles V--Spanish Viceroys' - complaints--Zeal of the Inquisitors checked for a while--Revived - under Philip II--Royal Edict forbidding heretics to emigrate to - Spanish America--Inquisition extended to the Low Countries--Dutch - rebellion proceedings--The Inquisition of the Galleys instituted by - Philip--Growing dislike of the Inquisition--Experiences of Carcel, a - goldsmith--His account of an _auto da fé_--Decline of the powers of - the Inquisition. - - -The acquisition of Spanish America opened a fresh field for the -activity of the Inquisition. Besides the natives there were the New -Christians who had fled across the seas seeking refuge from intolerance -in the old country. Although the emigration of heretics was forbidden -after a time, lest they should spread the hateful doctrines, Cardinal -Ximenes, when inquisitor-general, resolved that the New World should -have its own Holy Office, and appointed Fray Juan de Quevedo, then -Bishop of Cuba, as inquisitor-general of the "Tierra Firma" as the -Spanish mainland was commonly called. The Inquisition was more broadly -established by Charles V, who empowered Cardinal Adrian to organise -it and appoint new chiefs. The Dominicans were supreme, as in the -old country, and proceeded with their usual fiery vigour, wandering -at large through the new territories and spreading dismay among the -native population. The Indians retreated in crowds into the interior, -abandoned the Christianity they had never really embraced, and joined -the other native tribes still unsubdued. The Spanish viceroys alarmed -at the general desertion complained to the king at home and the -excessive zeal of the inquisitors was checked for a time. But when -Philip II came into power he would not agree with this milder policy, -and although the inquisitors were no longer permitted to perambulate -the country districts hunting up heretics, the Holy Office was -established with its palaces and prisons in the principal cities and -acted with great vigour. Three great central tribunals were created at -Panama, Lima, and at Cartagena de las Indias, and persecution raged -unceasingly, chiefly directed against Jews and Moors. In the city of -Mexico also there was an inquisitor-general. A royal edict proclaimed -that "no one newly converted to our Holy Faith from being Moor or Jew -nor his child shall pass over into our Indies without our express -license." At the same time the prohibition was extended to any who had -been "reconciled," and to the child or grandchild of anyone who had -worn the _sanbenito_ or of any person burnt or condemned as a heretic -... "all, under penalty of loss of goods and peril of his person, shall -be perpetually banished from the Indies, and if he have no property -let them give him a hundred lashes, publicly." - -The emperor, Charles V, is responsible for the extension of the -Inquisition from Spain to the Low Countries, by which he repaid the -loyal service and devotion the Dutch people had long rendered him. -This Inquisition was headed at first however by a layman, and then -four inquisitors chosen from the secular clergy were named. The -Netherlanders resisted stoutly its establishment and its operation, -and in 1646 it was provided that no sentence should go into effect -unless approved by some member of the provincial council. Heretics -were condemned of course, but the number was not large, though in some -way grossly exaggerated reports of the numbers of victims have gained -credence. Finally, on the application of the people of Brabant, who -declared that the name would injure commercial prosperity in their -district, the name was dropped altogether. At best it was a faint and -feeble copy of the Spanish institution, and during the reign of Charles -was little feared. In proof we may cite the fact that eleven successive -edicts were necessary to keep the Inquisition at work between 1620 and -1650. - -Philip II, on his accession, attempted to increase the power of the -institution, with the hope of uprooting the reformed doctrines. The -assertion, often made, however, that the Inquisition is responsible for -the revolt of the Netherlands is entirely too broad. Other factors than -religious differences entered into the complex situation. The terrible -war which finally resulted in the independence of the Protestant -Netherlands, falls outside the plan of this volume. - -Philip wished to extend the sway of the Inquisition and planned a -naval tribunal to take cognisance of heresy afloat. He created the -Inquisition of the Galleys, or, as it was afterwards styled, of the -Army and Navy. In every sea port a commissary general visited the -shipping to search for prohibited books and make sure of the orthodoxy -of crews and passengers. Even cargoes and bales of merchandise were -examined, lest the taint of heresy should infect them. This marine -inspection was most active in Cadiz, at that time the great centre -of traffic with the far West. A visitor from the Holy Office with a -staff of assistants and familiars boarded every ship on arrival and -departure and claimed that their authority should be respected, so that -nothing might be landed or embarked without their certificate. The -merchants resented this system which brought substantial commercial -disadvantages, and the ships' captains disliked priestly interference -with their crews, whose regular duties were neglected. The men were -kept below under examination, when they were wanted on deck to make or -shorten sail or take advantage of a change in the wind or a turn in the -tide. By degrees the marine Inquisition was thought to impede business -on the High Seas and fell into disuse. - -Under succeeding sovereigns the Holy Office was still favoured and -supported, but the reign of Philip III witnessed loud and frequent -remonstrances against its operation. The Cortes of Castile implored -the king to put some restraint upon the too zealous inquisitors, but -they still wielded their arbitrary powers unchecked, and Philip sought -further encouragement for them from Rome. The accession of Philip IV to -the throne was celebrated by an _auto da fé_, but no victim was put to -death, and the only corporal punishment inflicted was the flogging of -an immoral nun who professed to have made a compact with the devil. She -was led out gagged, and, wearing the _sanbenito_, received two hundred -lashes followed by perpetual imprisonment. Philip IV strove for a time -to check the activity of the Inquisition, but he was too weak and -wavering to make permanent headway against an institution, the leaders -of which knew precisely what they were striving for, and pertinaciously -pursued it. - -A graphic account of what purport to have been the painful experiences -of a poor soul who fell at a later date into the clutches of the -inquisitors is related by himself in a curious pamphlet printed in -Seville, by one Carcel, who was a goldsmith in that city. Evidently -there is the work of another hand in it, however, as it is written with -too much regard for the dramatic to have been his own composition. The -description of the _auto_ is also unusual, and not according to the -usual procedure. - -He says that he was arrested on the 2nd of April, 1680, at ten o'clock -in the evening, as he was finishing a gold necklace for one of the -queen's maids of honour. A week after his first arrest Carcel was -examined. We will quote his own words:-- - -"In an ante-room," he says, "a smith frees me of my irons and I pass -from the ante-chamber to the 'Inquisitor's table,' as the small inner -room is called. It is hung with blue and citron-coloured taffety. -At one end, between the two grated windows, is a gigantic crucifix -and on the central estrade (a table fifteen feet long surrounded by -arm-chairs), with his back to the crucifix, sits the secretary, and on -my right, Francisco Delgado Ganados, the Grand Inquisitor, who is a -secular priest. The other inquisitors had just left, but the ink was -still wet in their quills, and I saw on papers before their chairs some -names marked with red ink. I am seated on a low stool opposite the -secretary. The inquisitor asks my name and profession and why I come -there, exhorting me to confess as the only means of quickly regaining -my liberty. He hears me, but when I fling myself weeping at his knees, -he says coolly there is no hurry about my case; that he has more -pressing business than mine waiting, (the secretary smiles), and he -rings a little silver bell which stands beside him on the black cloth, -for the alcaide who leads me off down a long gallery, where my chest is -brought in and an inventory taken by the secretary. They cut my hair -off and strip me of everything, even to my ring and gold buttons; -but they leave me my beads, my handkerchief and some money I had -fortunately sewn in my garters. I am then led bareheaded into a cell, -and left to think and despair till evening when they bring me supper. - -"The prisoners are seldom put together. Silence perpetual and strict is -maintained in all the cells. If any prisoner should moan, complain or -even pray too loud, the gaolers who watch the corridors night and day -warn them through the grating. If the offence is repeated, they storm -in and load you with blows to intimidate the other prisoners, who, in -the deep grave-like silence, hear your every cry and every blow. - -"Once every two months the inquisitor, accompanied by his secretary -and interpreter, visits the prisoners and asks them if their food is -brought them at regular hours, or if they have any complaint to make -against the gaolers. But this is only a parade of justice, for if a -prisoner dares to utter a complaint, it is treated as mere fanciful -ravings and never attended to. - -"After two months' imprisonment," goes on Carcel, "one Saturday, -when, after my meagre prison dinner, I give my linen, as usual, to -the gaolers to send to the wash, they will not take it and a great -cold breath whispers at my heart--to-morrow is the _auto da fé_. When, -immediately after the vespers at the cathedral, they ring for matins, -which they never do but when rejoicing on the eve of a great feast, -I know that my horrid suspicions are right. Was I glad at my escape -from this living tomb, or was I paralysed by fear, at the pile perhaps -already hewn and stacked for my wretched body? I know not. I was torn -in pieces by the devils that rack the brains of unhappy men. I refused -my next meal, but, contrary to their wont, they pressed it more than -usual. Was it to give me strength to bear my torture? Do God's eyes not -reach to the prisons of the Inquisition? - -"I am just falling into a sickly, fitful sleep, worn out with -conjecturing, when, about eleven o'clock at night, the great bolts of -my cell grind and jolt back and a party of gaolers in black, in a flood -of light, so that they looked like demons on the borders of heaven, -come in. - -"The alcaide throws down by my pallet a heap of clothes, tells me to -put them on and hold myself ready for a second summons. I have no -tongue to answer, as they light my lamp, leave me and lock the door -behind them. Such a trembling seizes me for half an hour, that I cannot -rise and look at the clothes which seem to me shrouds and winding -sheets. I rise at last, throw myself down before the black cross I had -smeared with charcoal on the wall, and commit myself, as a miserable -sinner, into God's hands. I then put on the dress, which consists of a -tunic with long, loose sleeves and hose drawers, all of black serge, -striped with white. - -"At two o'clock in the morning the wretches came and led me into a long -gallery where nearly two hundred men, brought from their various cells, -all dressed in black, stood in a long silent line against the wall of -the long, plain vaulted, cold corridor where, over every two dozen -heads, swung a high brass lamp. We stood silent as a funeral train. -The women, also in black, were in a neighbouring gallery, far out of -our sight. By sad glimpses down a neighbouring dormitory I could see -more men dressed in black, who, from time to time, paced backwards and -forwards. These I afterwards found were men doomed also to be burnt, -not for murder--no, but for having a creed unlike that of the Jesuits. -Whether I was to be burnt or not I did not know, but I took courage, -because my dress was like that of the rest and the monsters could not -dare to put two hundred men at once into one fire, though they did hate -all who love doll-idols and lying miracles. - -"Presently, as we waited sad and silent, gaolers came round and handed -us each a long yellow taper and a yellow scapular, or tabard, crossed -behind and before with red crosses of Saint Andrew. These are the -_sanbenitos_ that Jews, Turks, sorcerers, witches, heathen or perverts -from the Roman Catholic Church are compelled to wear. Now came the -gradation of our ranks--those who have relapsed, or who were obstinate -during their accusations, wear the _zamarra_, which is gray, with -a man's head burning on red faggots painted at the bottom and all -round reversed flames and winged and armed black devils horrible to -behold. I, and seventy others, wear these, and I lose all hope. My -blood turns to ice; I can scarcely keep myself from swooning. After -this distribution they bring us, with hard, mechanical regularity, -pasteboard conical mitres (_corozas_) painted with flames and devils -with the words '_sorcerer_' and '_heretic_' written round the rim. Our -feet are all bare. The condemned men, pale as death, now begin to weep -and keep their faces covered with their hands, round which the beads -are twisted. God only--by speaking from heaven--could save them. A -rough, hard voice now tells us we may sit on the ground till our next -orders come. The old men and boys smile as they eagerly sit down, for -this small relief comes to them with the refreshment of a pleasure. - -"At four o'clock they bring us bread and figs, which some drop by their -sides and others languidly eat. I refuse mine, but a guard prays me to -put it in my pocket for I may yet need it. It is as if an angel had -comforted me. At five o'clock, at daybreak, it was a ghastly sight to -see shame, fear, grief, despair, written on our pale livid faces. Yet -not one but felt an undercurrent of joy at the prospect of any release, -even by death. - -"Suddenly, as we look at each other with ghastly eyes, the great bell -of the Giralda begins to boom with a funeral knell, long and slow. It -was the signal of the gala day of the Holy Office, it was the signal -for the people to come to the show. We are filed out one by one. As -I pass the gallery in the great hall, I see the inquisitor, solemn -and stern, in his black robes, throned at the gate. Beneath him is -his secretary, with a list of the citizens of Seville in his wiry -twitching hands. The room is full of the anxious frightened burghers, -who, as their names are called and a prisoner passes through, move -to his trembling side to serve as his godfather in the Act of Faith. -The honest men shudder as they take their place in the horrible death -procession. The time-serving smile at the inquisitor, and bustle -forward. This is thought an honourable office and is sought after by -hypocrites and suspected men afraid of the Church's sword. - -"The procession commences with the Dominicans. Before them flaunts the -banner of the order in glistening embroidery that burns in the sun -and shines like a mirror, the frocked saint, holding a threatening -sword in one hand, and in the other, an olive branch with the motto, -'Justitia et misericordia' (Justice and mercy). Behind the banner -come the prisoners in their yellow scapulars, holding their lighted -torches, their feet bleeding with the stones and their less frightened -godfathers, gay in cloak and sword and ruff tripping along by their -side, holding their plumed hats in their hands. The street and windows -are crowded with careless eyes, and children are held up to execrate -us as we pass to our torturing death. The _auto da fé_ was always a -holiday sight to the craftsmen and apprentices; it drew more than even -a bull fight, because of the touch of tragedy about it. Our procession, -like a long black snake, winds on, with its banners and crosses, its -shaven monks and mitred bare-footed prisoners, through street after -street, heralded by soldiers who run before to clear a way for us--to -stop mules and clear away fruit-stalls, street-performers and their -laughing audiences. We at last reach the Church of All the Saints, -where, tired, dusty, bleeding and faint we are to hear mass. - -"The church has a grave-vault aspect and is dreadfully like a charnel -house. The great altar is veiled in black, and is lit with six silver -candlesticks, whose flames shine like yellow stars with clear twinkle -and a soft halo round each black, fire-tipped wick. On each side of -the altar, that seems to bar out God and his mercy from us and to -wrap the very sun in a grave cloak, are two thrones, one for the -grand-inquisitor and his counsel, another for the king and his court. -The one is filled with sexton-like lawyers, the other with jewelled and -feathered men. - -"In front of the great altar and near the door where the blessed -daylight shines with hope and joy, but not for us, is another altar, -on which six gilded and illuminated missals lie open; those books of -the Gospels, too, in which I had once read such texts as--God is love; -Forgive as ye would be forgiven; Faith, hope, charity: these three, -but the greatest of these is charity. Near this lesser altar the monks -had raised a balustraded gallery, with bare benches, on which sat -the criminals in their yellow and flame-striped tabards with their -godfathers. The doomed ones came last, the more innocent first. Those -who entered the black-hung church first, passing up nearest to the -altar sat there, either praying or in a frightened trance of horrid -expectancy. The trembling living corpses wearing the mitres, yellow and -red, came last, preceded by a gigantic crucifix, the face turned from -them. - -"Immediately following these poor mitred men came servitors of the -Inquisition, carrying four human effigies fastened to long staves, -and four chests containing the bones of those men who had died before -the fire could be got ready. The coffers were painted with flames and -demons and the effigies wore the dreadful mitre and the crimson and -yellow shirt all a-flame with paint. The effigies sometimes represented -men tried for heresy since their death and whose estates had since been -confiscated and their effigies doomed to be burnt as a warning; for no -one within their reach may escape if they differ in opinion with the -Inquisition. - -"Every prisoner being now in his place--godfathers, torchmen, pikemen, -musketeers, inquisitors, and flaunting court--the Provincial of the -Augustins mounted the pulpit, followed by his ministrant and preached -a stormy, denouncing, exulting sermon, half an hour long (it seemed -a month of anguish), in which he compared the Church with burning -eloquence to Noah's ark; but with this difference, that those animals -who entered it before the deluge came out of it unaltered, but the -blessed Inquisition had, by God's blessing, the power of changing those -whom its walls once enclosed, turning them out meek as the lambs he saw -around him so tranquil and devout, all of whom had once been cruel as -wolves and savage and daring as lions. - -"This sermon over, two readers mounted the pulpit to shout the list of -names of the condemned, their crimes (now, for the first time, known to -them) and their sentences. We grew all ears and trembled as each name -was read. - -"As each name was called the alcaide led out the prisoner from his pen -to the middle of the gallery opposite the pulpit, where he remained -standing, taper in hand. After the sentence he was led to the altar -where he had to put his hand on one of the missals and to remain there -on his knees. - -"At the end of each sentence, the reader stopped to pronounce in a -loud, angry voice, a full confession of faith, which he exhorted us, -the guilty, to join with heart and voice. Then we all returned to -our places. My offence, I found, was having spoken bitterly of the -Inquisition, and having called a crucifix a mere bit of cut ivory. I -was therefore declared excommunicated, my goods confiscated to the -king, I was banished Spain and condemned to the Havana galleys for -five years with the following penances: I must renounce all friendship -with heretics and suspected persons; I must, for three years, confess -and communicate three times a month; I must recite five times a day, -for three years, the Pater and Ave Maria in honour of the Five Wounds; -I must hear mass and sermon every Sunday and feast day; and above all, -I must guard carefully the secret of all I had said, heard, or seen -in the Holy Office (which oath, as the reader will observe, I have -carefully kept). - -"The inquisitor then quitted his seat, resumed his robes and followed -by twenty priests, each with a staff in his hand, passed into the -middle of the church and with divers prayers some of us were relieved -from excommunication, each of us receiving a blow from a priest. -Once, such an insult would have sent the blood in a rush to my head, -and I had died but I had given a return buffet; now, so weak and -broken-spirited was I, I burst into tears. - -"Now, one by one, those condemned to the stake, faint and staggering, -were brought in to hear their sentences, which they did with a -frightened vacancy, inconceivably touching, but the inquisitors were -gossiping among themselves and scarcely looked at them. Every sentence -ended with the same cold mechanical formula: That the Holy Office being -unhappily unable to pardon the prisoners present, on account of their -relapse and impenitence, found itself obliged to punish them with all -the rigour of earthly law, and therefore delivered them with regret -to the hands of secular justice, praying it to use clemency and mercy -towards the wretched men, saving their souls by the punishment of -their bodies and recommending death, but not effusion of blood. Cruel -hypocrites! - -"At the word blood the hangmen stepped forward and took possession of -the bodies, the alcaide first striking each of them on the chest to -show that they were now abandoned to the rope and fire." Then he goes -on to describe the scene at the _quemadero_, which, however, included -nothing of importance not already mentioned elsewhere. - -After the death of Philip IV, and during the minority of his son, -Charles II, Father Nithard, a Jesuit, who combined the two forces -long in opposition, the disciples of Loyola and the descendants of -Torquemada, was for a time inquisitor-general. The Holy Office was -hotly opposed by Don John of Austria, a natural son of Philip IV, -who rose to political power and would have fallen a victim to the -Inquisition had not popular indignation sided with him against Nithard, -who fled from Spain to Rome. He was stripped of all his offices but -still kept the favour of the queen-mother who finally secured for him -from Pope Clement X the coveted cardinal's hat. Don John was unequal -to the task of curbing the power of the Inquisition, however, and the -institution claimed wider and wider jurisdiction. - -Growing dissatisfaction prevailed, and in 1696, the king, Charles II, -summoned a conference or Grand Junta to enquire into the complaints -that poured in from all quarters against the Inquisition. It was -composed of two councillors of state from Castile, Aragon, the Indies, -and the Spanish provinces in Italy, with two members of the religious -orders. It reported that the Holy Office exercised illegal powers, -still arrogated the right to throw persons of rank into prison and -cover their families with disgrace. It punished with merciless severity -the slightest opposition or disrespect shown to dependents or familiars -who had come to enjoy extensive and exorbitant privileges. They claimed -secular jurisdiction in matters nowise appertaining to religion, -and set aside restrictions contained in their own canon law. The -Junta strongly recommended that these restrictions should be rigidly -enforced, and that no one should be thrown into the prisons of the -Inquisition, save on charges of an heretical nature. It urged the right -of appeal to the throne, and the removal of all causes to the royal -courts for trial. It detailed the privileges granted to the servants -of the Holy Office. Even a coachman or a lackey demanded reverence and -might conduct himself with unbounded insolence. If a servant girl were -not treated obsequiously in a shop she might complain and the offender -was liable to be cast into the dungeons of the Inquisition. So great -was the discontent, so many tumults arose, that the Junta would have -all such unrighteous privileges curtailed, and would authorise the -civil courts to keep the encroachments of the Holy Office in check. - -With the eighteenth century the authority of the Holy Office visibly -waned. Philip V, a French prince, and a grandson of Louis XIV, whose -succession produced the long protracted war of the Spanish Succession, -declined to be honoured with an _auto da fé_ at his coronation, but he -maintained the Inquisition as an instrument of despotic government, -and actually used it to punish as heretics those who had any doubt -concerning his title to the crown. Yet he rather used the Inquisition -than supported it; for he deprived of his office an inquisitor-general -who had presumed to proceed for heresy against a high officer. The -Cortes of Castile again, (1714), recorded their condemnation, but -without any further benefit than that which must eventually result -from the disclosure of a truth. The same body reiterated their -disapproval a few years afterwards, (1720). But while Philip V used the -Inquisition for his own service, and the heretical doctrine which had -prevailed two centuries before no longer left a trace behind, there -were multitudes of persons accused of attempting to revive Judaism and -others gave offence by their efforts to promote Freemasonry. This gave -the inquisitors abundant pretext for the discharge of their political -mission. - -During the reigns of Charles III and Charles IV, a revival of -literature and an advance in political science guided the attention -of the clergy and the government to the position of the court of Rome, -as well as to the proceedings of the inquisitors. The former of these -monarchs nearly yielded to the advice of his councillors to suppress -the Inquisition, as well as to expel the Jesuits. He banished the -Society, but, in regard to the Inquisition, said: "The Spaniards want -it and it gives me no trouble." - -Meanwhile death sentences nearly ceased, and once when a good man was -sentenced to be delivered to the secular arm, in compliance with the -letter of the law, the inquisitors let him go free. By this contrivance -Don Miguel Solano, priest of Esco, a town in Aragon, walked out of -the prison of the Inquisition in Saragossa, as a maniac, forgiven his -heresy, and lived on as a maniac, exempted from priestly ministrations, -while every one knew him to be a reasonable man and treated him -accordingly. In the end he died, refusing Extreme Unction, and was -buried in unconsecrated ground within the walls of the Inquisition on -the banks of the Ebro. - - - - -CHAPTER V - -THE INQUISITION IN PORTUGAL AND INDIA - - The Inquisition in Spain abolished by Napoleon's invasion--Its - revival--Persecution of the Freemasons--The "Tribunal of Faith" - established--Inquisition in Portugal--The case of an Englishman - who is arrested, tortured and burnt alive--Difference between - the Inquisitions of Spain and Portugal--The supreme power of the - Holy Office in Portugal in the eighteenth century--The terrible - earthquake at Lisbon--Establishment of the Holy Office in India at - Goa--Description of the Inquisition prison at Goa by M. Dellon--Case - of Father Ephrem--His arrest and rescue by the English from the hands - of the inquisitors. - - -Napoleon's invasion of Spain and the removal of the young king, -Ferdinand VII, to France, put an end to the Inquisition. When the -Emperor took possession of Madrid, he called upon all public bodies -to submit to his authority, but the Holy Office refused. Whereupon he -issued an order to arrest the inquisitors, abolish the Inquisition, -and sequestrate its revenues. All Spain did not readily yield to the -French conqueror, and when the Cortes met in Cadiz they empowered one -of the inquisitors, who had escaped, to reconstitute the tribunal, but -it was never really restored. At the same time, the governing powers -appointed a special commission to enquire into the legal status of the -ancient body, and to decide whether the Inquisition had any legal right -to exist. A report was published in 1812, reviewing its whole history -and condemning it as incompatible with the liberties of the country. -The indictment against it was couched in very vigorous language. It was -held to have been guilty of the most harsh and oppressive measures; to -have inflicted the most cruel and illegal punishments; "in the darkness -of the night it had dragged the husband from the side of his wife, the -father from the children, the children from their parents, and none may -see the other again until they are absolved or condemned without having -had the means of contributing to their defence or knowing whether they -had been fairly tried." The result was a law passed by the Cortes to -suppress the Inquisition in Spain. - -The restoration of Ferdinand VII, at the termination of the war in -1814, gave the Inquisition fresh life. He resented the action taken by -the Cortes, arrested its members, and cast them into prison, declaring -them to be infidels and rebels, and forthwith issued a decree reviving -the tribunal of the Holy Office. Its supreme council met in Seville and -persecution was renewed under the new inquisitor-general, Xavier Mier y -Campillo, who put out a fresh list of prohibited books, tried to raise -revenues and issued a new Edict of Faith. There might have been another -_auto da fé_ even in the nineteenth century, but informers would -not come forward and latter-day victims could not be found. Dread, -nevertheless, prevailed, and numbers fled for refuge into foreign -lands. Fierce energy was directed against the Freemasons, for during -the French occupation, the palace of the Inquisition at Seville had -been used, partly as a common gaol and partly as a Freemasons' lodge. -The members of the craft who were found in Spain were dealt with as -heretics, and all Freemasons were excommunicated. - -For a time the Inquisition languished, although favoured by the -arbitrary régime introduced by Ferdinand VII, who sought to reinstate -it on its former lines. It was destroyed or at least suspended by -the Revolution of 1820, and on his restoration, the king did not -reëstablish it, though the officials still hoped for a better day and -continued to draw their salaries. Some of the bishops established -_juntas de fé_, which took up much the same work, and July 26th, 1826, -a poor schoolmaster Cayetano Ripoll, was hanged for heresy--the last -execution for this crime in Spain. Finally, January 4th, 1834, the -Inquisition was definitely abolished, and the _juntas de fé_ were -abolished the next year. - -The Inquisition extended its influence into the neighbouring country of -Portugal, which was an independent kingdom until conquered by Philip -II in 1580. Here persecution prevailed from the fifteenth century, -chiefly of the Jews and new Christians, who flocked into the country -from Spain, and were treated with great severity. The Holy Office -was set up in Lisbon under an inquisitor-general, Diego de Silva, and -Portugal was divided into inquisitional districts. _Autos da fé_ were -frequent, and on a scale hardly known in Spain, though the records are -fragmentary. - -From among the cases reported, we may quote that of an Englishman, a -native of Bristol, engaged in commerce in Lisbon, who boldly assaulted -the cardinal archbishop in the act of performing mass. Gardiner, -as fiercely intolerant as those of the dominant religion who were -worshipping according to their own rites, attacked the priest when he -elevated the host, "snatched away the cake with one hand, trod it under -his feet, and with the other overthrew the chalice." The congregation, -at first utterly astounded, raised one great cry and fell bodily upon -the sacrilegious wretch, who was promptly stabbed in the shoulder and -haled before the king, who was present in the cathedral, and forthwith -interrogated. It was thought that he had been instigated by the English -Protestants to this outrageous insult, but he declared that he had been -solely moved by his abhorrence of the idolatry he had witnessed. He was -imprisoned and with him all the English in Lisbon. So soon as his wound -was healed, he was examined by the Holy Office, tortured and condemned. -Then he was carried to the market place on an ass and his left hand -was cut off; thence he was taken to the river side and by a rope and -pulley hoisted over a pile of wood which was set on fire. "In spite -of the great torment he continued in a constant spirit and the more -terribly he burned the more vehemently he prayed." He was in the act of -reciting a psalm, when by the use of exceeding violence, the burning -rope broke and he was precipitated into the devouring flames. - -A fellow lodger of Gardiner was detained in the Inquisition for two -years, and was frequently tortured to elicit evidence against other -Englishmen, but without avail. A Scotch professor of Greek in the -university of Coimbra was charged with Lutheranism, and imprisoned for -a year and a half, after which he was committed to a monastery so that -he might be instructed by the monks in the true religion. They did not -change his views and he was presently set free. Another, an English -shipmaster, was less fortunate and was burned alive as a heretic at -Lisbon. - -It has been observed that, on comparison of the Inquisitions of Spain -and Portugal, a certain marked difference was disclosed between them. -The same precise rigour of the Spanish inquisitors was not exhibited -by the Portuguese. In Portugal the discipline was more savage yet -more feeble. Yet in the latter country there was a brutal and more -wanton excess in inflicting pain at the _autos da fé_. When convicts -were about to suffer they were taken before the Lord Chief Justice to -answer the enquiry as to what religion they intended to die in. If -the answer was "in the Roman Catholic Apostolic," the order was given -that they should be strangled before burning. If in the Protestant, or -in any other religion, death in the flames was decreed. At Lisbon the -place of execution, as has been said, was at the waterside. A thick -stake was erected for each person condemned, with a wide crosspiece -at the top against which a crosspiece was nailed to receive the tops -of two ladders. In the centre the victim was secured by a chain, with -a Jesuit priest on either side, seated on a ladder, who proceeded to -exhort him to repentance. If they failed they declared they left him -to the devil and the mob roared, "Let the dog's beard be trimmed," in -other words, "his face scorched." This was effected by applying an -ignited furze bush at the end of a long pole till his face was burned -and blackened. The record of the Portuguese Inquisition to 1794 shows a -total of one thousand, one hundred and seventy-five relaxed in person, -_i. e._ executed, six hundred and thirty-three relaxed in effigy, and -twenty-nine thousand, five hundred and ninety penanced. - -The Portuguese were the first Europeans to trade with the Far East -and, after Vasco de Gama had discovered India, Albuquerque annexed and -occupied Goa, which might have become the seat and centre of the great -empire which fell at length into British hands. - -Portugal sacrificed all power and prosperity to the extirpation of -heresy in its new possessions and was chiefly concerned in the -establishment of the Holy Office in India. The early Portuguese -settlers in the East clamoured loudly for the Inquisition; the Jesuit -fathers who were zealous in their propaganda in India declared that -the tribunal was most necessary in Goa, owing to the prevailing -licentiousness and the medley of all nations and superstitions. It -was accordingly established in 1560, and soon commenced its active -operations with terrific vigour. General baptisms were frequent in -this the ecclesiastical metropolis of India, and so were _autos da fé_ -conducted with great pomp with many victims. - -A light upon the proceedings of the Holy Office in Goa is afforded by -the story told by a French traveller, M. Dellon, who was arrested at -the instance of the Portuguese governor at Damaum, and imprisoned at -Goa in the private prison of the archbishop. "The most filthy," says -Dellon, "the darkest and most horrible of any I had ever seen.... It -is a kind of cave wherein there is no day seen but by a very little -hole. The most subtle rays of the sun cannot enter it and there is -never any true light in it. The stench is extreme...." M. Dellon -was dragged before the Board of the Holy Office, seated in the Holy -House, which is described as a great and magnificent building, "one -side of a great space before the church of St. Catherine." There were -three gates. The prisoners entered by the central or largest, and -ascending a stately flight of steps, reached the great hall. Behind the -principal building was another very spacious, two stories high -and consisting of a double row of cells. Those on the ground floor -were the smallest, due to the greater thickness of the walls, and -had no apertures for light or air. The upper cells were vaulted and -whitewashed, and each had a small strongly grated window without glass. -The cells had double doors, the outer of which was kept constantly -open, an indispensable plan in this climate or the occupant must have -died of suffocation. - -[Illustration: _Peint par D. F. Laugée_ -_Photogravure Goupil & C^{ie}._ - -_The Question_ - -One of the forms of torture before a tribunal of the Inquisition, used -in the examination of the accused. Lighted charcoal was placed under -the victim's feet, which were greased over with lard, so that the heat -of the fire might more quickly become effective.] - -The régime was, to some extent, humane. Water for ablutions was -provided and for drinking purposes, food was given sparingly in three -daily meals, but was wholesome in quality. Physicians were at hand -to attend the sick and confessors to wait on the dying, but they -administered no unction, gave no viaticum, said no mass. If any died, -as many did, his death was unknown to all without. He was buried within -the walls with no sacred ceremony, and if it was decided that he had -died in heresy, his bones were exhumed to be burnt at the next act of -Faith. While alive he lived apart in all the strictness of the modern -solitary cell. Alone and silent, for the prisoner was forbidden to -speak, he was not allowed even to groan or sob or sigh aloud. - -The Holy Office in Goa was worked on the same lines as that of Spain as -already described and by the same officers. There was the _Inquisidor -Mor_ or grand-inquisitor, a secular priest, a second or assistant -inquisitor, a Dominican monk, with many deputies; "qualifiers," to -examine books and writings; a fiscal and a procurator; notaries and -familiars. The authority of the tribunal was absolute in Goa except -that the great officials, archbishop and his grand-vicar, the viceroy -and the governor, could not be arrested without the sanction of the -supreme council in Lisbon. The procedure, the examination and use of -torture was exactly as in other places. - -M. Dellon was taxed with having spoken ill of the Inquisition, and -was called upon to confess his sins, being constantly brought out and -again relegated to his cell and continually harassed to make him accuse -himself, until in a frenzy of despair he resolved to commit suicide -by refusing food. The physician bled him and treated him for fever, -but he tore off the bandages hoping to bleed to death. He was taken up -insensible, restored by cordials, and carried before the inquisitor, -where he lay on the floor and was assailed with bitter reproaches, -heavily ironed and sent back to languish in his cell in a wild access -of fury approaching madness. - -At last the great day of the Act of Faith approached, and Dellon heard -on every side the agonised cries of both men and women. During the -night the alcaide and warders came into his cell with lights bringing -a suit of clothes, linen, best trousers, black striped with white. He -was marched to join a couple of hundred other penitents squatted on -the floor along the sides of a spacious gallery, all motionless but -in an agony of apprehension, for none knew his doom. A large company -of women were collected in a neighbouring chamber and a third lot in -_sanbenitos_, among whom the priests moved seeking confessions and if -made the boon of strangulation was conceded before "tasting the fire." - -Shortly before sunrise the great bell of the Cathedral tolled and -roused the city into life. People filled the chief streets, lined the -thoroughfares and crowded into places whence they might best see the -procession. With daylight Dellon saw from the faces of his companions -that they were mostly Indians with but a dozen white men among them. M. -Dellon went barefoot with the rest over the loose flints of the badly -paved streets, and, at length, cut and bleeding, entered the church of -St. Francisco, for the ceremony could not be performed under the fierce -sky of this torrid climate. Dellon's punishment was confiscation of all -his property, and banishment from India, with five years' service in -the galleys of Portugal. - -The rest of his sad adventures may be told briefly. He was brought -back to Lisbon and worked at the oar with other convicts for some -years, when at the intercession of friends in France the Portuguese -government consented to release him. There is no record that the French -authorities made any claim or reclamation for the ill-usage of a French -subject. - -It was otherwise with their neighbours, the English, who even before -their power in India was established, would not suffer the Portuguese -authorities in Goa to ill-treat a person who could claim British -protection. A French Capuchin, named Father Ephrem, had visited Madras -when on his way to join the Catholic mission in Pegu. He was invited to -remain in Madras and was promised entire liberty with respect to his -religion, and permitted to minister to the Catholics already settled -in the factory. In the course of his preaching he laid down a dogma -offensive, as it was asserted, to the Mother of God, and information -thereof was laid with the inquisitors at Goa, who made their plans to -kidnap Father Ephrem and carry him off to Goa, some six hundred miles -distant from Madras. The plot succeeded and the French Capuchin was -lodged in the prison of the Holy Office at Goa. This was not to be -brooked by the English in Madras. An English ship forthwith proceeded -to Goa and a party of ten determined men, well-armed, landed and -appeared at the gates of the Inquisition and demanded admittance. -Leaving a couple of men on guard at the gate, the rest entered the gaol -and insisted at the point of the sword that Father Ephrem should be -forthwith surrendered to them. An order thus enforced was irresistible, -and the prisoner was released, taken down to the ship's boat, -reëmbarked and carried back in safety to Madras. - -The aims of the Inquisition are no longer those of modern communities. -So widely has the idea of toleration extended, that we often forget -how recent it is. The relations of Church and State are so changed in -the last two centuries, that it is difficult to understand the times -of the Spanish Inquisition. Then it was universally believed that -orthodoxy in faith was intimately connected with loyalty to the state. -As a matter of fact, nearly all the earlier heretical movements were -also social or political revolts. It is, therefore, easy to see how -heresy and high treason came to appear identical. - -Some of the inquisitors were corrupt, others were naturally cruel, -others, drunk with power, were more zealous in exerting that power -than they were in deciding between guilt and innocence. On the other -hand many were zealous because of their honesty. If a man believes -that he knows the only hope of salvation, it is perfectly logical -to compel another by force, if necessary, to follow that hope. Any -physical punishment is slight compared with the great reward which -reconciliation brings. On the other hand, if he is firm in his heresy, -he is as dangerous as a wild beast. We are more tolerant now, less -certain, perhaps, of our ground, but three or four hundred years ago -these points were a stern reality. - -That many inquisitors were more concerned with the Church as an -institution than as a means of salvation is also true. They punished -disrespect to an officer or to a law more severely than they did -a doctrinal error, but that was, perhaps, inevitable. The Spanish -Inquisition, which, as has been said, was to some extent a state -affair, punished many for what we might call trifling offences, or, -indeed, no offence at all, but it was an intolerant age, in and out of -Spain. - -The number punished has been grossly exaggerated, but it was enough to -injure Spain permanently, to crush out freedom of thought and action to -an unwarrantable extent. The historian must attribute much of Spain's -decadence to the work of the mistaken advocate of absolute uniformity. - - - - -CHAPTER VI - -EARLY PRISONS AND PRISONERS - - Slow development of Prison Reform in Spain--Description of the old - Saladero--George Borrow's account of his arrest and imprisonment - there--Balseiro's escape and subsequent escapades--He seizes the two - sons of a wealthy Basque and holds them for ransom--His capture and - execution--The _valientes_ or bullies--The cruelties they practised - upon their weaker fellow prisoners--Don Rafael Salillas' description - of the Seville prison. - - -The prisons in Spain have been generally divided into three categories: -First, the _depositos correcionales_, the _cárceles_ or common gaols, -one in the capital of each province, to which were sent accused persons -and all sentenced to two years or less; second, the _presidios_ of -the Peninsula for convicts between two years and eight years; and -third, the African penal settlements for terms beyond eight years. -The character and condition of the bulk of these places of durance -long continued most unsatisfactory. In 1888 in an official report, the -Minister of Grace and Justice said, "The present state of the Spanish -prisons is not enchanting. They are neither safe nor wholesome, nor -adapted to the ends in view." This criticism was fully borne out by -the result of a general inquiry instituted. It was found that of a -total of four hundred and fifty-six of the correctional prisons only -one hundred and sixty-six were really fit for the purpose intended and -the remainder were installed in any buildings available. Some were very -ancient, dating back to the 16th century; and had once been palaces, -religious houses, castles or fortresses. - -Many of these buildings were ancient monuments which suffered much -injury from the ignoble rôle to which they were put. A protest was -published by a learned society of Madrid against the misuse of the -superb ex-convents of San Gregorio in Valladolid and San Isidro del -Campo near Seville, and the mutilation by its convict lodgers of the -very beautiful gateway of the Templo de la Piedad in Guadalajara. The -installation of the prison at Palma de Mallorca all but hopelessly -impaired the magnificent cloisters of the convent of San Francisco, a -thirteenth century architectural masterpiece, and a perfect specimen of -the ogival form, like nothing else in Spain. Within a short period of -ten years several of these interesting old buildings were ruined. The -entire convent prison at Coruña sank, causing many casualties, loss of -life and serious wounds. - -Sometimes the authorities hired private dwellings to serve as prisons, -or laid hands on whatever they could find. At Granada a slice of the -Court House was used, a dark triangle to which air came only from the -interior yard. The prison of Allariz at Orense was on the ground floor -of a house in the street, having two windows looking directly on to -it, guarded by a grating with bars so far apart that a reasonably thin -man could slip through. One of the worst features of many of these -ancient prisons was their location in the very heart of the towns with -communication to the street. Friends gathered at the _rejas_ outside, -and the well known picture of flirtation at the prison window was -drawn from life. A common sight also was the outstretched hand of the -starving prisoner imploring alms from the charitable, for there was no -regular or sufficient supply of provisions within. Free access was also -possible when the domestic needs of the interior took the prisoners to -the public well in the street. - -The Carmona gaol in Seville was for years half in ruins; no sunlight -reached any part of it with the exception of two of the yards; the -dungeons had no ventilation except by a hole in their doors; an open -sewer ran through the gaol, the floors were always wet, fleas abounded, -as also rats, beetles and cockroaches; cooking was done in one corner -of the exercising yard and clothes were washed in the other. The -removal of the gaol was ordered and plans for a new building prepared -in 1864, but they were pigeon-holed until 1883, then sent back to be -revised, and the project is still delayed. The Colmenar prison of -Malaga was always under water in heavy rain, and although simple -repairs would have rectified this, nothing was done. The prison of Leon -was condemned in 1878 as unfit for human habitation, and its alcalde -(governor) stated that it had been reported for a century or more that -it wanted light, air and sanitary arrangements; typhoid was endemic -and three alcaldes had died of zymotic disease in a few years. It -was generally denounced as "a poisonous pesthouse, a judicial burial -ground." The Totana prison of Murcia was not properly a prison, but -only a range of warehouses and shops fit for the storage of grain -and herbs, but wholly unsuitable to lodge human beings. The district -governor speaking of the Infiesto prison at Oviedo in 1853 wrote: -"Humanity shudders at the horrible aspect of this detestable place." - -At Cartagena the common gaol was on the ground floor of the _presidio_ -or convict prison. Here the innocent, still untried prisoners occupied -a dark, damp den, enduring torments of discomfort, speedily losing -health and strength, and exposed by its ruinous condition to the -extremes of heat and cold in the varying seasons. Females were lodged -on a lower floor, darker and closer and even exposed to the worst -temptations. The convicts of the _presidio_ had free access to their -prison and immorality could not be prevented; no amount of supervision -(and there was really none) could have checked the moral contamination -more easily conveyed than the physical. These painful facts may be -read in an official report dated October, 1877, and are practically the -same as those detailed in the famous indictment of John Howard just a -century earlier.[9] - -[9] "Vida Penal en Espana," by Rafael Salillas, Madrid, 1888. - -Many of the makeshift prisons mentioned above were located in the very -heart of towns and were without boundary walls or means of separation -from the public, and two hundred and sixty-four had windows giving upon -the streets. It was impossible to ensure safe custody so limited was -the supervision, so insecure and ruinous the state of these imperfect -prisons. Escapes had been of very frequent occurrence, but the total -number could not be stated owing to the absence of accurate records -from year to year. One authority gave the annual average of escapes -as thirty-four, ranging over five successive years. They were greatly -facilitated by the slack, slipshod system of discipline and the -careless guard kept at the gates through which crowds constantly passed -in and out. Friends admitted wholesale to visit prisoners brought in -disguises and easily helped them to evade the vigilance of warders and -keepers. Escapes were most numerous in the small gaols,--about three -to one when compared to those from the _presidios_,--and were often -effected on the way to gaol through the neglect or connivance of the -escort, especially when the journey was made on foot and officers in -charge willingly consented to linger on the road in order to enjoy -themselves in the taverns and drinking shops. They even allowed their -prisoners to pay lengthened visits to their own homes if situated -anywhere near. - -A famous escape took place, _en masse_, in one of the prisons on the -occasion of a theatrical performance given by the prisoners in honour -of the governor's birthday. Permission had been duly accorded and the -function was organised on an imposing scale. The stage was erected in -an open space, scenery provided and a fine curtain or act drop behind -which the usual preparations were made. These had not gone beyond -rehearsal, however. All was ready to "ring up," the prison audience all -seated, enduring with increased impatience and dissatisfaction the long -wait which seemed and was actually endless. At last the authorities -interposed and the governor sent a messenger behind the curtain with -a peremptory order to begin. There was no company. Every single soul, -manager and actors had disappeared under cover of the curtain. A great -hole or gap had been made in the outer wall, through which all of the -performers had passed out to freedom. - -Numerous as are the escapes, recaptures are also frequent. That fine -corps, the _guardias civiles_, which constitutes the rural police of -Spain, always so active in the prevention and suppression of crime, has -been highly successful in the pursuit of fugitives, few of whom remain -at large for any length of time. Travellers in Spain, especially in -the country districts, must have been struck with the fine appearance -of these stalwart champions of the law. They are all old soldiers, well -trained and disciplined, ever on the side of order, never mixing in -politics, and conspicuous for their loyalty to the existing régime. - -The most disgraceful of the old prisons were in Madrid. The Saladero -which survived until very recently had been once an abattoir and -salting place of pigs. But it replaced one more ancient and even worse -in every aspect. The earlier construction is described by a Spanish -writer, Don Francisco Lastres, as the most meagre, the darkest, -dirtiest place imaginable. It had yet a deeper depth, an underground -dungeon, commonly called "el Infierno," hell itself, in which light was -so scarce that when new comers arrived, the old occupants could only -make out their faces by striking matches, manufactured from scraps of -linen steeped in grease saved from their soup or salad oil. When the -gaol was emptied it was so encrusted with abominable filth that to -clean it was out of the question and the whole place was swept bodily -out of existence. - -This must have been the prison in which George Borrow was confined when -that enterprising Englishman was arrested for endeavouring to circulate -the Bible in Spain, as the agent and representative of the British -Bible Society in 1835 and the following years. His experiences as told -by himself constitute one of the most thrilling books of adventure in -the English language, and his strangely interesting personality will -long be remembered and admired. He had led a very varied life, had -wandered the world over as the friend and associate of those curious -people, the gipsies, whose "crabbed" language he spoke with fluency -and to whose ways and customs he readily conformed. Readers whom his -"Lavengro" and "The Romany Rye" have delighted will bear witness to the -daring and intrepid character which carried him safely through many -difficult and dangerous situations. He was a man of great stature, well -trained in the art of self defence, as he proved by his successful -contest with the "Flaming Tinker" described in "Lavengro." The bigoted -Spanish authorities caught a Tartar in Borrow. It was easy to arrest -him as he was nothing loth to go to gaol; he had long been thinking, as -he tells us, "of paying a visit to the prison, partly in the hope of -being able to say a few words of Christian instruction to the criminals -and partly with a view to making certain investigations in the robber -language of Spain." But, once in, he refused to come out. He took -high ground; his arrest had been unlawful; he had never been tried -or condemned and nothing would satisfy him but a full and complete -apology from the Spanish government. He was strongly backed up by the -British Ambassador and he was gratified in the end by the almost abject -surrender of the authorities. But he spent three weeks within the -walls and we have to thank his indomitable spirit for a glimpse into -the gloomy recesses of the Carcel de la Corte, the chief prison, at -that time, of the capital of Spain. - -The arrest was made openly in one of the principal streets of Madrid by -a couple of _alguazils_ who carried their prisoner to the office of the -_corregidor_, or chief magistrate, where he was abruptly informed that -he was to be forthwith committed to gaol. He was led across the Plaza -Mayor, the great square so often the scene in times past of the _autos -da fé_. Borrow, as he went, cast his eyes at the balcony of the city -hall where, on one occasion, "the last of the Austrian line in Spain -(Philip II) sat, and, after some thirty heretics of both sexes had been -burnt by fours and fives, wiped his face perspiring with heat and black -with smoke and calmly inquired, '_No hay mas?_'" (No more to come?) for -which exemplary proof of patience he was much applauded by his priests -and confessors, who subsequently poisoned him. - -"We arrived at the prison," Borrow goes on, "which stands in a narrow -street not far from the great square. We entered a dusty passage at -the end of which was a wicket. There was an exchange of words and in a -few moments I found myself within the prison of Madrid, in a kind of -corridor which overlooked at a considerable altitude what appeared to -be a court from which arose a hubbub of voices and occasional wild -shouts and cries...." Several people sat here, one of whom received the -warrant of committal, perused it with attention and, rising, advanced -towards Borrow. - -"What a figure! He was about forty years of age and ... in height might -have been some six feet two inches had his body not been curved much -after the fashion of the letter S. No weasel ever appeared lanker; -his face might have been called handsome, had it not been for his -extraordinary and portentous meagreness; his nose was like an eagle's -bill, his teeth white as ivory, his eyes black (oh, how black!) and -fraught with a strange expression; his skin was dark and the hair -of his head like the plumage of a raven. A deep quiet smile dwelt -continually on his features, but with all the quiet it was a cruel -smile, such a one as would have graced the countenance of a Nero. - -"'_Caballero_,' he said, 'allow me to introduce myself as the alcaide -of this prison.... I am to have the honour of your company for a time, -a short time doubtless, beneath this roof; I hope you will banish -every apprehension from your mind. I am charged to treat you with all -respect, a needless charge and _Caballero_, you will rather consider -yourself here as a guest than as a prisoner. Pray issue whatever -commands you may think fit to the turnkeys and officials as if they -were your own servants. I will now conduct you to your apartment. We -invariably reserve it for cavaliers of distinction. No charge will be -made for it although the daily hire is not unfrequently an ounce of -gold.' - -"This speech was delivered in pure sonorous Castilian with calmness, -gravity and almost dignity and would have done honour to a gentleman -of high birth. Now, who in the name of wonder, was this alcaide? One -of the greatest rascals in all Spain. A fellow who more than once by -his grasping cupidity and his curtailment of the miserable rations of -the prisoners caused an insurrection in the court below only to be -repressed by bloodshed and the summoning of military aid; a fellow of -low birth who five years previously had been a drummer to a band of -Royalist volunteers." - -The room allotted to Borrow was large and lofty, but totally destitute -of any kind of furniture except a huge wooden pitcher containing -the day's allowance of water. But no objection was made to Borrow's -providing for himself and a messenger was forthwith despatched to his -lodgings to fetch bed and bedding and all necessaries, with which -came a supply of food, and the new prisoner soon made himself fairly -comfortable. He ate heartily, slept soundly and rejoiced next day to -hear that this illegal arrest and confinement of a British subject -was already causing the high-handed minister who had ordered it, much -uneasiness and embarrassment. Borrow steadfastly refused to go free -without full and ample reparation for the violence and injustice -done to him. "Take notice," he declared, "that I will not quit this -prison till I have received full satisfaction for having been sent -hither uncondemned. You may expel me if you please, but any attempt -to do so shall be resisted with all the bodily strength of which I am -possessed." In the end the _amende_ was made in an official document -admitting that he had been imprisoned on insufficient grounds, and -Borrow went out after three weeks' incarceration, during which he -learned much concerning the prison and the people it contained. - -He refrains from a particular description of the place. "It would -be impossible," he says, "to describe so irregular and rambling an -edifice. Its principal features consisted of two courts, the one -behind the other, in which the great body of the prisoners took air -and recreation. Three large vaulted dungeons or _calabozos_ occupied -the three sides of the (first) court ... roomy enough to contain -respectively from one hundred to one hundred and fifty prisoners who -were at night secured with lock and bar, but during the day were -permitted to roam about the courts as they thought fit. The second -court was considerably larger than the first, though it contained but -two dungeons, horribly filthy and disgusting, used for the reception of -the lower grades of thieves. Of the two dungeons one was if possible -yet more horrible than the other. It was called the _gallinería_ or -'chicken coop' because within it every night were pent up the young -fry of the prison, wretched boys from seven to fifteen years of age, -the greater part almost in a state of nudity. The common bed of all -the inmates of these dungeons was the ground, between which and their -bodies nothing intervened save occasionally a _manta_ or horse cloth or -perhaps a small mattress; this latter luxury was however of exceedingly -rare occurrence. - -"Besides the _calabozos_ connected with the courts were other dungeons -in various parts of the prison, some of them quite dark, intended for -the reception of those whom it might be deemed expedient to treat with -peculiar severity. There was likewise a ward set apart for females. -Connected with the principal corridor were many small apartments where -resided prisoners confined for debt or for political offences, and, -lastly, there was a small _capilla_ or chapel in which prisoners cast -for death passed the last three days of their existence in the company -of their ghostly advisers. - -"I shall not forget my first Sunday in prison. Sunday is the gala -day ... and whatever robber finery is to be found in it is sure to -be exhibited on that day of holiness. There is not a set of people -in the world more vain than robbers in general, more fond of cutting -a figure whenever they have an opportunity. The famous Jack Sheppard -delighted in sporting a suit of Genoese velvet and when he appeared in -public generally wore a silver hilted sword by his side.... Many of the -Italian bandits go splendidly decorated, the cap alone of the Haram -Pacha, the head of the cannibal gipsy band which infested Hungary at -the conclusion of the 18th century, was adorned with gold and jewels to -the value of several thousand guilders.... The Spanish robbers are as -fond of display as their brethren of other lands, and whether in prison -or out are never so happy as when decked out in a profusion of white -linen in which they can loll in the sun or walk jauntily up and down." - -To this day, snow-white linen is an especial mark of foppery in the -Spanish peasant. To put on a clean shirt is considered a sufficient -and satisfactory substitute for a bath and in the humblest house a -white table cloth is provided for meals and clean sheets for the -beds. Borrow gives a graphic picture of the "tip-top thieves" he came -across. "Neither coat nor jacket was worn over the shirt, the sleeves -of which were wide and flowing, only a waistcoat of green or blue silk -with an abundance of silver buttons which are intended more for show -than use, as the waistcoat is seldom buttoned. Then there are wide -trousers something after the Turkish fashion; around the waist is a -crimson _faja_ or girdle and about the head is tied a gaudily coloured -handkerchief from the loom of Barcelona. Light pumps and silk stockings -complete the robber's array. - -"Amongst those who particularly attracted my attention were a father -and son; the former a tall athletic figure, of about thirty, by -profession a housebreaker and celebrated through Madrid for the -peculiar dexterity he exhibited in his calling. He was in prison for -an atrocious murder committed in the dead of night in a house in -Carabanchel (a suburb of Madrid), in which his only accomplice was his -son, a child under seven years of age. The imp was in every respect the -counterpart of his father though in miniature. He too wore the robber -shirt sleeves, the robber waistcoat with the silver buttons, the robber -kerchief round his brow and, ridiculously enough, a long Manchegan -knife in the crimson faja. He was evidently the pride of the ruffian -father who took all imaginable care of him, would dandle him on his -knee, and would occasionally take the cigar from his own mustachioed -lips and insert it in the urchin's mouth. The boy was the pet of the -court, for the father was one of the 'bullies' of the prison and those -who feared his prowess and wished to pay their court to him were always -fondling the child." - -Borrow when in the "Carcel de la Corte" renewed his acquaintance with -one, Balseiro, whom he had met in a low tavern frequented by thieves -and bull fighters on a previous visit to Madrid. One of these, Sevilla -by name, professed deep admiration for the Englishman and backed him to -know more than most people of the "crabbed" Gitano language. A match -was made with this Balseiro who claimed to have been in prison half -his life and to be on most intimate terms with the gipsies. When Borrow -came across him for the second time he was confined in an upper story -of the prison in a strong room with other malefactors. There was no -mistaking this champion criminal with his small, slight, active figure -and his handsome features, "but they were those of a demon." He had -recently been found guilty of aiding and abetting a celebrated thief, -Pepe Candelas, in a desperate robbery perpetrated in open daylight on -no less a person than the Queen's milliner, a Frenchwoman, whom they -bound in her own shop, from which they took goods to the amount of five -or six thousand dollars. Candelas had already suffered for his crime, -but Balseiro, whose reputation was the worse of the two, had saved his -life by the plentiful use of money, and the capital sentence had in his -case been commuted to twenty years' hard labour in the _presidio_ of -Malaga. - -When Borrow condoled with him, Balseiro laughed it off, saying that -within a few weeks he would be transferred and could at any time escape -by bribing his guards. But he was not content to wait and joined with -several fellow convicts who succeeded in breaking through the roof of -the prison and getting away. He returned forthwith to his evil courses -and soon committed a number of fresh and very daring robberies in and -around Madrid. At length dissatisfied with the meagre results and the -smallness of the plunder he secured, Balseiro planned a great stroke -to provide himself with sufficient funds to leave the country and live -elsewhere in luxurious idleness. - -A Basque named Gabira, a man of great wealth, held the post of -comptroller of the Queen's household. He had two sons, handsome boys -of twelve and fourteen years of age respectively, who were being -educated at a school in Madrid. Balseiro, well aware of the father's -strong affection for his children, resolved to make it subservient -to his rapacity. He planned to carry off the boys and hold them for -ransom at an enormous price. Two of his confederates, well-dressed and -of respectable appearance, drove up to the school and presenting a -forged letter, purporting to be written by the father, persuaded the -schoolmaster to let them go out for a jaunt in the country. They were -carried off to a hiding place of Balseiro's in a cave some five miles -from Madrid in a wild unfrequented spot between the Escorial and the -village of Torre Lodones. Here the two children were sequestered in -the safekeeping of their captors, while Balseiro remained in Madrid to -conduct negotiations with the bereaved father. But Gabira was a man -of great energy and determination and altogether declined to agree to -the terms proposed. He invoked the power of the authorities instead, -and, at his request, parties of horse and foot soldiers were sent to -scour the country and the cave was soon discovered, with the children, -who had been deserted by their guards in terror at the news of the -rigorous search instituted. Further search secured the capture of the -accomplices and they were identified by their young victims. Balseiro, -when his part in the plot became known, fled from the capital but was -speedily caught, tried, and with his associates suffered death on the -scaffold. Gabira with his two children was present at the execution. - -A brief description of the old Saladero, which has at last disappeared -off the face of the earth, may be of interest. It stood at the top -of the Santa Barbara hill on the left hand side, in external aspect -a half-ruined edifice tottering to its fall, propped and buttressed, -at one corner quite past mending, at another showing rotten cement -and plaster with its aged weather-worn walls stained with great black -patches of moisture and decay. A poor and wretched place outside with -no architectural pretensions, its interior was infinitely worse. It -was entered by a wide entrance not unlike that of an ancient country -inn or hostelry with a broken-down wooden staircase, leading to a -battered doorway of rotten timbers. The portals passed, the prison -itself was reached, a series of underground cellars with vaulted roofs -purposely constructed, as it seemed, to exclude light and prevent -ventilation, permeated constantly with fetid odours and abominable -foul exhalations from the perpetual want of change of atmosphere or -circulation of fresh air. Yet human beings were left to rot in these -nauseous and pestiferous holes for two or three years continuously. At -times the detention lasted five years on account of the disgracefully -slow procedure in the law courts and this although trials often ended -in acquittal or a verdict of non-responsibility for the criminal -act charged. Many of the unfortunate wretches subjected to these -interminable delays and waiting judgment, therefore still innocent in -the eyes of the law, were yet herded with those already convicted of -the most heinous offences. - -This neglect of the rules, generally accepted as binding upon civilised -governments in the treatment of those whom the law lays by the heels, -produced deplorable results. The gaol fever, that ancient scourge which -once ravaged ill-kept prisons and swept away thousands, but long ago -eliminated from proper places of durance, survived in the Saladero -of Madrid until quite a recent date. Forty cases occurred as late as -1876 and zymotic disease was endemic in the prison. It was also a -hotbed of vice, where indiscriminate association of all categories, -good, bad and indifferent--the worst always in the ascendent, fostered -and developed criminal instincts and multiplied criminals of the -most daring and accomplished kind. When, with a storm of indignant -eloquence, an eminent Spanish deputy, Don Manuel Silvela, denounced -the Saladero in the Cortes and took the lead in insisting upon its -demolition, he pointed out its many shortcomings. It was in the last -degree unhealthy; it was nearly useless as a place of detention, for -the bold or ingenious prisoner laughed at its restraints and escapes -took place daily to the number of fourteen and sixteen at a time. If, -however, with increased precautions it was possible to keep prisoners -secure within the walls, nothing could save them from one another. -Contamination was widespread and unceasing in a mass of men left -entirely to themselves without regular occupation, without industrial -labour or improving education and with no outlet for their energies but -demoralising talk and vicious practices. Not strangely the Saladero -became a great criminal centre, a workshop and manufactory of false -money, where strange frauds were devised, such as the _entierro_[10] or -suggested revelation of hidden treasure, the well known Spanish swindle -which has had ramifications almost all over the world. - -[10] See _post_, p. 161. - -An independent witness, nevertheless, speaking from experience, the -same George Borrow already quoted, has a good word to say for the -inmates of Spanish gaols. He was greatly surprised at their orderly -conduct and quiet demeanour. "They had their occasional bursts of -wild gaiety; their occasional quarrels which they were in the habit -of settling in a corner of the interior court with their long knives, -the result not infrequently being death or a dreadful gash in the face -or abdomen; but upon the whole their conduct was infinitely superior -to what might have been expected from the inmates of such a place. -Yet this was not the result of coercion or any particular care which -was exercised over them; for perhaps in no part of the world are -prisoners so left to themselves and so utterly neglected as in Spain, -the authorities having no further anxiety about them than to prevent -their escape, not the slightest attention being paid to their moral -conduct,--not a thought bestowed on their health, comfort or mental -improvement whilst within the walls. Yet in this prison of Madrid, and -I may say in Spanish prisons in general (for I have been an inmate -of more than one), the ears of the visitor are never shocked with -horrid blasphemy and obscenity as in those of some other countries and -more particularly in civilised France, nor are his eyes outraged or -himself insulted as he would assuredly be were he to look down upon the -courts from the galleries of the Bicêtre (in Paris)." And yet in this -prison of Madrid were some of the most desperate characters in Spain; -ruffians who had committed acts of cruelty and atrocity sufficient to -make one shudder with horror. Gravity and sedateness are the leading -characteristics of the Spaniards, and the worst robber, except in those -moments when he is engaged in his occupation, (and then no one is -more sanguinary, pitiless and wolfishly eager for booty), is a being -who can be courteous and affable and who takes pleasure in conducting -himself with sobriety and decorum. Borrow thought so well of these -fellow-prisoners that he was willing to entertain them at dinner in his -own private apartment in the gaol, and the governor made no objection -to knocking off their irons temporarily so that they might enjoy the -meal in comfort and convenience. - -A more intimate acquaintance with the inner life of the Spanish -gaols has been accorded by a modern writer, Don Rafael Salillas. He -summarises all its evils in the single word "money." All disorders -and shortcomings, the corruption, the absence of discipline, the -cruelties perpetrated, the prevailing license, the shameful immorality -constantly winked at or openly permitted, have had one and the same -origin, the use and misuse of the private funds the prisoners have at -their disposal. Until quite a recent date, everything, even temporary -liberty, had its price in Spanish prisons. This vicious system dated -from the times when the "alcaide" or head of an establishment, the -primary purpose of which was the safe custody of offenders, bought -his place and was permitted to recoup himself as best he could out -of his charges. The same abominable practice was at one time almost -a world-wide practice, but nowhere has it flourished so largely as -in Spain. No attempt was made to check it; it was acknowledged and -practically deemed lawful. - -In an ancient work on the prison of Seville, dating from the sixteenth -century, the writer, Christobal de Chaves, classifies the interior -under three heads; the spaces entered respectively by three doors -of gold, silver or copper, each metal corresponding to the profits -drawn from each. Imprisonment might be made more tolerable by payment -regulated according to a fixed tariff. For a certain sum any prisoner -might go home to sleep, he might purchase food where little, if any, -was provided, he might escape fetters or purchase "easement of irons," -as in the old English prisons. To enhance the value of the relief -afforded worse hardships were inflicted at the outset. Restraint was -made most irksome in the beginning of imprisonment. The fetters were -then the heaviest and most varied, the deepest and vilest dungeons were -the first quarters allotted. A plain hint of relaxation and alleviation -was given, to be obtained at a price and the converse made equally -certain. Increased pain and discomfort were the penalty for those who -would not, or, worse still, who could not produce the extortionate sums -demanded. Tasks imposed were rendered more difficult; it was a common -practice to oil or grease the rope by which water was raised from a -well, so that it should slip through the fingers and intensify the -labour. - -When authority had sold its good will or wrung the life blood from its -victims they were handed over to the tender mercies of their fellow -prisoners, the self-constituted masters and irresponsible tyrants in -the place. The most brutal and overbearing ruled supreme within the -walls and levied taxes by the right of the strongest. The "garnish" of -the old British prisons, the enforced payments to gain a first footing, -was exacted to the last in Spain from all new arrivals and was called -"_cobrar el patente_," _i. e._ collecting the dues. To hesitate or -refuse payment was promptly punished by cruel blows; the defaulters -were flogged; they got the _culebrazo_ (whipping) with a rope kept for -the purpose. The quite penniless were despoiled of their clothing and -consoled with the remark that it was better for them to take to their -beds because they were naked, than on account of injuries and wounds, -or they wrapped themselves up in some ragged cloak infested with fleas. -The bullies or _valientes_ were not interfered with by the authorities -but rather supported by them. In fact they played into each other's -hands. Both worked their wicked will upon their victims and in their -own way,--the authorities by right of the legal powers they wielded, -the master-prisoners by force of character and the strength of their -muscles. Both squeezed out money like juice from a lemon, robbed, -swindled or stole all that came in their way. - -Guzman de Alfarache, the typical thief of the time of Philip II, whose -life and adventures are told by the author of the most famous of the -picaresque novels, describes his journey from Seville to Cadiz to -embark upon one of the galleys which made up the naval power of Spain. -"As we started on the road, we came upon a swine-herd with a number of -young pigs, which we surrounded and captured, each of us taking one. -The man howled to our commissary that he should make us restore them, -but he turned a deaf ear and we stuck to our plunder. At the first -halt we laid hands on other goods and concealed them inside one of the -pigs when the commissary interposed, discovered the things and took -possession of them himself." - -The alcaide of the prison turned everything to profit. He sold the -Government stores, bedding and clothing to the prison bullies who -retailed the pieces to individual prisoners. He trafficked in the -disciplinary processes, accepting bribes to overlook misconduct, and -pandered to the worst vices of the inmates by allowing visitors of -both sexes to have free access to them and to bring in all manner of -prohibited articles, unlimited drink, and dangerous weapons, knives and -daggers and other arms for use in attack and defence in the quarrels -and murderous conflicts continually occurring. - -A fruitful source of profit was the sale of privileged offices, permits -to hawk goods and to trade within the precincts of the prison. Salillas -when he visited the Seville prison not many years ago, saw numbers of -prisoners selling cigars and cigarettes in the yards, various articles -of food, such as _gazpacho_, the popular salad of Andalusia, compounded -of oil and bread soaked in water, and drinks including _aguardiente_, -that powerful Spanish spirit akin to Hollands. Some kept gaming tables -and paid a tax on each game and its profits and especially when the -"King" was turned up at "Monte." - -Salillas publishes a list of prices that ruled for places, privileges -and boons conceded to the prisoners. To become a "_cabo de vara_," a -"corporal carrying the stick" or wand of office, cost from eight to -sixteen dollars. "Who and what was the _Cabo de Vara_?" he asks and -answers the question. "A hybrid creature the offspring of such diverse -parents as the law and crime; half murderer, half robber, who after -living in defiance of the law is at least prevented from doing further -harm in freedom, is locked up and entrusted with executive authority -over companions who have passed through the same evil conditions and -are now at his mercy. He is half galley-slave chained to the oar, half -public functionary wearing the badge of officialdom and armed with a -stick to enforce his authority. He represents two very opposite sets of -ideas; on the one hand that of good order and the maintenance of penal -discipline, on the other that of a natural inclination towards the -wrong doing in which he has been a practitioner and for which he is, in -a way, enduring the penalty. To succeed he must possess some strongly -marked personal qualities; he should be able to bully and impose his -will upon those subjected to his influence, overbearing, masterful, -swaggering, ready to take the law into his own hands and insist upon -its observance as he chooses to interpret its dictates." - -The post of hospital orderly or cook or laundry-man could be secured -for about the same price, while a small fee to the prison surgeon -gained a perfectly sound man admission to hospital for treatment he -did not need, but in which he was much more comfortable than in the -ordinary prison. The place of prison barber was to be bought for -four dollars; employment as a shoemaker two dollars; relief from a -punishment ordered three dollars; permission to pay a visit home, four -dollars. These prices were not definitely settled and unchangeable. -Where a certain profit could be extracted from a particular post such -as the charge of the canteen it was put up to auction and knocked down -to the highest bidder. - - - - -CHAPTER VII - -PRESIDIOS AT HOME AND ABROAD - - The presidio or convict prison--Stations at home and in - Northern Africa--Convict labour--Cruelties inflicted on the - presidiarios employed in road making--Severity of the régime at - Valladolid--Evils of overcrowding--Ceuta--Its fortifications--Early - history--The _entierro_ or "Spanish swindle"--Several interesting - instances--Monsignor X--Armand Carron--M. Elked--Credulity of the - victims--Boldness of the swindlers--Attempt to dupe a Yorkshire - squire--Discovery of the fraud. - - -The Spanish "presidios" or penal establishments for offenders sentenced -to long terms are the counterpart of the English convict prisons. -They are of two classes, those at home in provincial capitals or in -fortresses and strongholds, and those abroad installed in North Africa, -as the alternative or substitute for the penal colonies beyond the -sea established by Italy and France. Home presidios are at Burgos, -Cartagena, Granada, Ocana, Santona, Valladolid and Saragossa. There are -two at Valencia, one at Tarragona and two more at Alcalá de Henares. -Of the foregoing that of Cartagena was especially constructed to meet -the needs of the arsenal and dockyard and is spoken of as deplorably -deficient by those who visited it. Four hundred convicts were -lodged miserably in one dormitory; their bedding consisted of a rough -mattress and one brown rug; clothing was issued only every two years; -the dietaries were supplied by a thievish contractor who supplied -a soup consisting of beans boiled in water, abstracting the ration -of oil and bacon. A presidio of ancient date was installed in the -arsenal of La Carraca near Cadiz, a survival really of the _galera_ or -galleys planted on shore when human motive power ceased to be used in -propelling warships. - -[Illustration: _Castel dell' Ovo_ - -Situated on a high rocky island near the shore of Naples, it was a -place of great security. A number of the islands in the bay of Naples -have been utilised as prisons and as penal settlements.] - -A terrible story is preserved of the cruelties inflicted on a number -of these _presidiarios_ employed to make the road between San Lucar de -Barrameda and Puerto Santa Maria. Their labour was leased to an inhuman -contractor who worked them literally to death. They were half-starved, -over-burthened with chains and continually flogged so that within one -year half their whole number of one thousand had disappeared; they had -died "of privation, of blows, hunger, cold, insufficient clothing and -continuous neglect." The contractor cleared a large profit, but lost it -and died in extreme poverty after having been arraigned and tried for -his life as a murderer. - -The presidio of Valladolid was also condemned for the severity of -its régime. The climate alternated between great summer heat and -extreme cold in winter, but the convicts worked in the quarries in -all weathers. The death record rose in this prison to such a high -figure that a third of the average total population of three thousand -perished within eighteen months. The general average of the presidios -was low but as a rule the death rate was not high. Even when twenty -per cent. of males and twenty-five per cent. of the females were sick -and hospital accommodation was scarce and imperfect, the deaths did -not exceed two and a half per cent. per annum and this included the -fatal results of quarrels ending in duels to the death. One of the -most serious evils was overcrowding. Official figures give the prison -population as about nineteen thousand and the available house-room was -for not more than twelve thousand. Salillas puts it at a much lower -total, asserting there was barely room for three thousand. - -While the prisons of Cuba are not strictly within the scope of this -work, one of historic and particular interest may be mentioned. This is -Morro Castle, which still guards the Harbour of Havana. It was begun -in 1589, soon after the unsuccessful attack on Havana by Drake, and -was finished in 1597. In 1862 it was partly destroyed by the English -who captured it and remained in possession of the city for a year. The -arms of the city, granted by royal decree, were appropriately three -castles of silver on a blue field, and a golden key. The castles were -La Fuerza, El Morro and La Punta, guarding the harbour. - -The ancient fortress has been described as a "great mass of dun -coloured rock and tower and battlement and steep, of which the various -parts seem to have grown into one another." It contains cells as -damp, dark and unwholesome as those in the notorious dungeons of the -old world. This is testified to by a California journalist, Charles -Michelson, who was arrested by mistake and thrown into a cell in the -castle just before the Spanish-American War. Although he was liberated -in two days, his experience was not soon forgotten. The cell was an -arch of heavy masonry, damp with the moisture of years. The only window -was high up in the arch, and there was no furniture--no bed, blanket or -chair. He was not without company of a kind, however, for the place was -full of cockroaches and rats. When he clambered up and tried to look -out of the window, which commands a fine view of the harbour, a guard -outside poked at him with a bayonet. The soup brought him was, he said, -"strong and scummy, and the can had been so recently emptied of its -original contents that there was a film of oil over the top of it." His -interpreter, who was arrested at the same time, fared worse, for he was -bound and kept in even a fouler cell. - -In the days of Spanish sovereignty, many Cuban prisoners were shot -and their bodies were hurled from the outer wall of the castle to the -sharks of the so-called "shark's nest," forty feet below, on the gulf -side. - -There are said to be many caverns in the castle through which the rush -and noise of the waves make music, but this is probably due to the -winds rather than the tides. - -Spain maintains several presidios beyond sea, chiefly on the North -African coast, and there is one also at Palma de Mallorca, one of -the Balearic islands. Those in Africa are Alhucemas, Melilla, Peñon -de Velez de la Gomera, Chaferinas and Ceuta, immediately opposite -Gibraltar, which is no doubt the first and original of all Spanish -presidios. The expression when first used was taken to convey the -meaning of a penal settlement, established within a fortress under -military rule and guardianship, with its personnel constantly employed -on the fortifications, constructing, repairing and making good wear -and tear, and answering, if need be, the call to arms in reinforcement -of the regular garrison. The early records of Ceuta prove this. This -stronghold, on one side rising out of the sea, with its landward -defences ever confronting a fierce hostile power, was exposed at all -times to siege and incursion. When the Moorish warriors became too -bold the Spanish general sallied forth to beat up their quarters, -destroy their batteries and drive them back into the mountains. Working -parties of _presidiarios_, armed, accompanied the troops and did -excellent service, eager, as the old chronicler puts it, to clear their -characters by their heroism, "always supposing that blood may wash out -crime." - -Ceuta was a type of the military colony beyond sea, held by a strong -garrison against warlike natives who resisted the invasion and would -have driven out the intruders. The settlement was secured by continual -fortification in which the abundant penal labour was constantly -employed. Its social conditions were precisely similar to those which -obtained in the early days of Australian transportation and such -as prevail to-day in the French penal colony of New Caledonia. The -population is made up of two principal classes, bond and free. The -first are convicts serving their sentences and the second the officials -who guard them. Ordinary colonists have not settled to any large extent -in these North African possessions. A few traders and agriculturists -have come seeking such fortune as offers and the number of residents is -increased by released convicts, the counterpart of the emancipist class -in the Antipodes, who remain with the prospect of earning a livelihood -honestly, instead of lapsing into evil courses on their return to the -mother country. - -Ceuta is essentially a convict city, not exactly founded by penal -labour but enlarged and improved by it and served by it in all the -needs of daily domestic life. The first period of close confinement -on arrival is comparatively brief and is spent in the prison proper -outside the city at hard labour in association on the fortifications, -in the workshops and quarries. In the second period the convicts -are permitted to enter the city and are employed under supervision -in warehouses, offices and in water carrying. In the third period, -commonly called from "gun to gun," extending daily from the morning -gun fire until the evening, the convicts are allowed to go freely into -the city and work there on their own account. The fourth and last, -entered when two thirds of the whole sentence has been completed, is -called "under conditions," that is to say, in conditional freedom, and -the convicts are let out to private employers precisely as they were -"assigned" in old Australian days. They may live with their masters, -sleep out, and are only obliged to report at the prison once a month -for muster. More than a third of the total number are thus employed. - -The result is that Ceuta offers the singular spectacle that it is -nominally a prison, but the bulk of the prisoners live beyond the -walls, quite unguarded and really in the streets forming part of the -ordinary population. Convicts are to be met with at every corner, they -go in and out through the front doors of houses, no one looks at them -in surprise, no one draws aside to let them pass. The situation is -described graphically by Salillas. "Who is the coachman on the box? A -convict. Who is the man who waits at table? A convict. The cook in the -kitchen? A convict. The nursemaid in charge of the children? A convict -(male). Are their employers afraid of being robbed or murdered? Not in -the least." - -Another eye witness[11] writes:-- - -[11] Relosillas, "Four Months in Ceuta." - -"Could this happen in any other city in Spain? If the inhabitants found -themselves rubbing shoulders with the scum of the earth, with the worst -malefactors, with criminals guilty of the most heinous offences, would -they have enjoyed one moment's peace? Could they overcome the natural -repugnance felt by honest and respectable people for those whom the law -has condemned to live apart? The fact is that at Ceuta no one objects. -The existing state of things is deemed the most natural thing in the -world. It has been too long the rule and it is claimed seriously that -no evil consequences have resulted. The utmost confidence is reposed -in these ex-criminals whose nature has been seemingly quite changed -by relegation to the African presidio. They wash and get up linen -without losing more pieces than a first class washerwoman, they wait -on the children with the tenderest concern, they perform all sorts of -household service, go to market, run messages, polish the floors and -the furniture with all the zeal and industry of the best servants in -the world. The most cordial relations exist between employers and their -convict attendants and cases have been known where the former have -carried the latter back to Spain to continue their service. One was a -Chinese cook who was excused ten years' supervision to go back with his -master." - -It is claimed by the champions of Ceuta that despite the freedom -accorded to the convicts their conduct is exemplary. "I can certify," -says Relosillas[12] "that during a whole year there were but three -or four instances of crime amongst the convicts employed in domestic -service." Others however are not so laudatory. An independent witness, -Doña Concepcion Arenal, has little good to say of the prisons. "In -them justice is punished or rather crucified," she wrote, "and with -it hygiene, morality, decency, humanity, all, in a word, which every -one who is not himself hateful and contemptible, respects. It is -impossible to give any idea of the _cuartel principal_ or chief convict -barrack in the place. We can only refer to its terrible and revolting -demoralisation." Yet she is inclined to contradict herself and argues -that the convict when trusted will behave well. His life on the whole -is light and easy; he has sufficient food, congenial company, and can -better his position by steady industry; he wears no chains, performs no -rude or laborious tasks and is driven neither into insubordination nor -crime. - -[12] "Four Months in Ceuta." - -The statements just quoted are hardly credible and cannot be reconciled -with the reports of others, from personal experience. Mr. Cook, an -English evangelist, who has devoted himself to extensive prison -visitation, has drawn a dark picture of this ideal penal settlement as -he saw it in 1892. At that date general idleness was the rule. Hundreds -hung about with no work to do. Criminals with the worst antecedents -were included in the prison population. One had been a _bandido_ or -brigand who had been guilty of seven murders; another had four murders -to his credit and one assassin was in a totally dark cell, confined -hand and foot, condemned to death and daily expecting to be shot. No -fewer than one hundred and twelve slept in one large room without -more supervision than that exercised by their fellows discharging the -functions of warders. Mr. Cook expresses his wonder that they did not -break out oftener into rebellion. As a matter of fact and as against -the statement given above, outbreaks were not uncommon with fierce -attacks upon officers and murderous affrays among the prisoners. Crime -and misconduct are certainly not unknown in Ceuta. - -A gruesome description was given by a correspondent writing to the -_London Times_ in the year 1876. When he visited the citadel prison he -found from eight hundred to one thousand convicts lodged there in a -wretched condition, clad only in tattered rags, the cast off uniforms -of soldiers, generally insufficient for decency. They tottered in and -out of the ruinous sheds supposed to shelter them, quarrelled like -hyenas over their meagre and repulsive rations, which were always short -through the dishonesty of the thieving contractor, and fought to the -death with the knives which every one carried. Each shed contained -from one to two hundred where they lay like beasts upon the ground. -Vermin crept up the wall and dirt abounded on all sides. "No words of -mine," said this outspoken eye-witness, "can paint the darkness, the -filth, the seething corruption of these dens of convicts, dens into -which no streak of sunlight, divine or human, ever finds its way, and -where nothing is seen or heard but outrage and cruelty on the one hand, -misery and starvation and obscenity on the other." There was a worse -place, the "Presidio del Campo," or field prison in which the hard -labour gangs[13] employed on the fortifications were housed in still -filthier hovels, with less food and more demoralisation. This same -correspondent when he enquired his way to the presidio was told by a -Spanish officer: "They are not presidios but the haunts of wild beasts -and nurseries of thieves." Obviously there is much discrepancy in the -various accounts published. - -[13] Irons are not carried by the convicts, not even by those sentenced -to imprisonment "in chains," _con la cadena_. They were considered an -interference with the efforts and strength of the labourer. - -The true state of the case may best be judged by examining and setting -forth the conditions prevailing. On the surface the convicts may seem -to abstain from serious misconduct, but even this may be doubted from -the facts in evidence. "It is a wild beasts' cage," writes one well -informed authority. It may be to some extent a cage without bars, or -in which the wild beasts are so tamed that they may be allowed to go -at large and do but little harm, but evil instincts are at times in -the ascendancy as shown in the quarrels and disorders that occur, but -to no greater extent says the apologist than in any of the prisons on -the Spanish mainland. It may be that the régime is so mild that the -convicts yield willingly to it without a murmur and seldom rise against -it. But the very atmosphere of the place is criminal. There may be few -prison offences where rules are easy but if serious offences against -discipline are but rarely committed within the limits, others against -society are constantly prepared for execution beyond. Ceuta is a hot -bed of crime, the seed is sown there, nourished and developed to bear -baleful fruit afterwards. It is a first class school for the education -of thieves, swindlers, coiners, and forgers who graduate and take -honours in the open world of evil doing. It is the original home, some -say, of the famous fraud, peculiarly Spanish, called the _entierro_, -which still flourishes and draws profit as ever, not from Spain alone, -but from far and wide in nearly all civilised countries. - -The _entierro_, or the "burial" literally translated, means an artful -and specious proposal to reveal the whereabouts of a buried treasure. -It is another form of the well known "confidence trick" or, as the -French call it, the "_vol à l'americaine_," and we cannot but admire -the ingenuity and inventiveness so often displayed in its practice, -while expressing surprise at the credulity and gullibility of those -who are deluded by it. It originates as a rule in a letter addressed -from the prison to some prominent person in Spain or elsewhere, for the -astute practitioner is well provided with lists of names likely to be -useful to him in his business. It is on record that a seizure was made -in the presidio of Granada of a whole stock in trade, a great mass of -information secretly collected from all parts of the world to serve in -carrying out the fraud of the _entierro_, and with it a number of forms -of letters in various European languages. The invitation is marked -"very private and confidential" and conveys with extreme caution and -mystery the suggestion that for a sufficient consideration the secret -hiding place of a very valuable treasure will be confided to the person -addressed. Colour is given to the proposal by some plausible but not -always probable story on which it is based. - -In one case the writer pretended to be a Spanish officer who had -received from the hands of Napoleon III himself, when flying to England -in September, 1870, a casket of jewels which he was charged to convey -to the Countess of Montijo, mother of the Empress Eugenie, in Madrid. -The messenger had however become involved in a Carlist or revolutionary -movement and was now in prison, but he had succeeded before arrest -in burying the jewels in a remote spot so cleverly concealed that he -alone possessed the secret. The liberal offer was made to the person -addressed of a fourth share of the total value provided he would -transmit to the prisoner correspondent through a sure hand, indicated, -the sum of three hundred pounds in cash by means of which he could -secure release and proceed to unearth the treasure. - -Another story is as follows: - -One day the regular mail boat brought to Ceuta an Italian ecclesiastic, -a high dignitary of the Church, of grave and venerable appearance, who -proceeded at once to make a formal call upon the commandant or general -commanding for the time being. He was in search of certain information -and he more particularly desired to be directed to an address he -sought, that of a small house in a retired spot in one of the small -little-frequented streets in the hilly town. He carried with him a -heavy and rather bulky handbag which when he started from the general's -he begged he might leave in his charge on the plea that its contents -were valuable. - -After the lapse of two or three hours the Monsignor returned with -terrified aspect and evidently in the greatest distress of mind. He -entreated that a priest might be summoned to whom he might confess, and -his wish was forthwith gratified. The moment he had unbosomed himself -to his ghostly adviser, he seized his handbag and ran down to the port -just in time to catch the return mail boat to Algeciras. The priest who -had heard his confession was to be released from the secret confided -to him and reveal it to the authorities as soon as the safe arrival of -the mail boat at the mainland was signalled across to Ceuta. Then the -whole story came out. - -Monsignor X was one of the most trusted and confidential chaplains of -his Holiness the Pope and he had gone to Ceuta in the interests of an -ex-Carlist general who had the misfortune to be detained there as a -political prisoner. A sum of money was needed to compass his escape -from the presidio and help him to reach in safety the burying place -of a vast treasure, to disinter it and apply it to the furtherance of -the civil war in progress. This general seems to have satisfied the -papal dignitaries of his identity and good faith; his communication -was endorsed with plans and statements pointing to the whereabouts of -the hidden treasure, and the method by which the money he needed for -his enterprise was to be used, was minutely described. He said he was -too closely watched to allow any messenger to reach him direct, but he -had friends in Ceuta, two titled ladies, near relatives who had been -permitted to live in the prison town and to visit him from time to time -and who would pass the money to him when it was brought to Ceuta. - -Monsignor X landed as we have seen and learned where he was to go, -but with commendable caution he hesitated to take his money with him. -He would hand it over when he had made the personal acquaintance of -the general's aristocratic friends. They did not prove very desirable -acquaintances. He found the house he was to visit, was admitted -without question, but then the door was shut behind him and he was -murderously assailed by half a dozen convicts, knife in hand. He was -ordered to give up the money he had brought, and when on searching him -it was found missing, he was rifled of everything he carried in his -pockets, both his watch and a considerable sum in cash. His life was -spared because it was certain that his prolonged absence would lead to -a hue and cry, but he was obliged to swear that he would not attempt -to leave the house for one clear hour so that the robbers might make -good their escape. Moreover he was warned if he gave the alarm he -would certainly be assassinated. Hence his desire to pass beyond the -Straits of Gibraltar before the outrage became known. When the house -was visited it was found empty and unfurnished with not a sign of life -on the premises. The most interesting feature in the story is that the -swindlers should fly at such high game, but it is founded on undoubted -fact. The Carlist insurrection was often used to father the attempt to -defraud. - -In another case a letter conveyed to the proprietor of a vineyard at -Maestrazgo the alluring news that a large sum in gold was hidden on -his ground, the accumulated contributions of Carlist supporters in -the neighbourhood. The exact position would be revealed and a plan -forwarded in exchange for a sum of four thousand dollars in hard -cash, which was to be forwarded to Ceuta according to certain precise -instructions. The money was sent but no reply came. Days and weeks -passed and at last, weary of waiting and a little unhappy, the easily -duped victim made up his mind to cross to Ceuta in person and bring his -disappointing correspondent to book. The wine grower unhappily landed -in the presidio on the day they were baiting a bull in the streets, a -game constantly played and with more danger to the passers-by than the -players. The bull goaded into a state of fury attacked the new comer -and tossed him so that he fell to the ground with both legs broken. The -poor man got no plan and no news of his dollars. All he gained was two -months in bed lying between life and death. - -The writer Relosillas, who filled the place of an inspector or surveyor -of works at Ceuta, has given some of his personal experiences in that -convict prison.[14] He describes how on one occasion he was present -at a free fight among the convicts in the barracks which had been -originally a Franciscan convent. He was in his own office at a late -hour, hard by, when he heard a terrible uproar in the great dormitory -and ran over to exercise his authority and prevent bloodshed. Knives -were out and being freely used by combatants ranged on two sides, one -lot backing up a friend who had been robbed of a photograph of his -sister, the other lot defending the thief, who had stolen the portrait -for use in a buried treasure swindle. He had created her a marchioness -and intended to forward it as a bait to show his intimacy with the -aristocracy and prepare the way for the fraud. The case may be quoted -to show how minutely the practitioners in the _entierro_ studied their -ground and acquired the means of operating. In all Spanish prisons and -notably in Ceuta, cunning convicts are to be found, men of ability -and experience, who have travelled far and wide, who are conversant -with many languages and well acquainted with prominent people in other -countries and the leading facts and particulars of their lives. - -[14] _Catorce Meses en Ceuta_, Malaga, 1886. - -A few additional stories of swindles akin to the _entierro_ are of much -interest. - -A French landowner by name Armand Carron, a resident of a small town -in the Department of Finistère, received, some time ago, a letter from -Ceuta, signed Santiago (or James) Carron. The writer explained that he -was a native of Finistère where the Frenchman resided; that he was a -namesake and a member of the landowner's family, son of a first cousin -of his who had left France many years before and settled in Spain with -wife and three sons, of whom he, Santiago Carron, now alone survived. -This Santiago, the letter went on, had been placed by his father in -the military college at Segovia, had served through all the subaltern -grades as an artillery officer, had risen to the rank of brigadier -and in that capacity had been sent out in command of the district of -the Cinco Villas in Cuba, where he had married the daughter of Don -Diego Calderon, a wealthy Havana merchant, and the owner of vast -sugar plantations. His wife had brought him a dowry of four million -reales (£40,000) and had died leaving him a daughter called after her -mother, Juanita, now about 17 years old. This girl, the only object of -her father's love and care, had been by him sent to Europe and placed -for her education at the convent of the Sacre Coeur at Chamartin near -Madrid. - -His career in the army had been for many years very fortunate and his -wedded life in Cuba exceedingly happy. He had been laden with honours -by a grateful Government and received many proofs of his country's -trust, but lately the officer in charge of the chest of the military -district at Cinco Villas had absconded and run away to New York with -a sum of two million reales. As he, the brigadier, was answerable for -his subaltern's conduct and was not willing to sacrifice one half of -his wife's--now his daughter's--fortune to pay for the defaulter, he -had been summoned to Spain and then relegated, or sent as a prisoner -on parole to the fortress at Ceuta to take his trial before a court -martial, which owing to the dilatoriness of all things in Spain might -sit till doomsday. - -After thus giving an account of himself and his belongings the -brigadier proceeded to explain the reasons which induced him to address -himself to his unknown French relative. Having suffered much from long -exposure to the heat of a tropical climate he felt old before his time, -and his hereditary enemy, the gout, had by several sharp twinges made -him aware of the precariousness of his tenure of life. He had only that -one daughter in the world, the sole heiress of a considerable patrimony -who might at any moment be deprived of her natural protector and for -whose final education and introduction into society it was his duty to -provide. The girl had great natural gifts, had inherited her mother's -Creole beauty, and the accounts of her proficiency, given by the nuns -at Chamartin were most flattering to his paternal pride. He was anxious -to appoint a guardian to his daughter and he could think of no one -fitter in every respect for that charge than his only relative, M. -Armand Carron. - -He (the brigadier) had lately been diligently looking over his father's -papers; had found among them very numerous and interesting family -documents--ample evidence that a hearty and loving correspondence had -for many years been kept up between his father, Vincent Carron, and the -father of M. Armand Carron, also called Armand, and he followed up the -narrative with frequent allusions to several incidents occurring in the -early youth of the two cousins, with descriptions of localities, common -acquaintances and the usual joys and sorrows alternating in their -domestic circles. Altogether it was a well contrived, plausible story -verging so closely upon probability as to avoid shipwreck upon the rock -of truth. - -M. Armand Carron of Finistère did not think it right or expedient to -cast doubt on the genuineness of the communication. He answered the -brigadier's appeal by calling him "My dear cousin," saying he had a -perfect recollection of his father's frequent allusions to Vincent -Carron, the cousin who had grown up with him in their own home and only -left their native town on arriving at man's estate. After heartily -congratulating the brigadier on his conspicuous career which reflected -so much lustre on their own name, and condoling with him about the -momentary cloud that had now--undeservedly he felt sure--settled upon -it, he assured his newly found relative of his sympathy and of his -readiness to look upon the brigadier's daughter as his own child, -to receive her into the bosom of his family and take that care of -her which so precious a jewel as she was described to be, must fully -deserve. - -So the matter was settled. The correspondence between the two newly -found relatives continued for six or seven months and became very -affectionate and confidential. The brigadier sent the Frenchman -his photograph and that of his daughter, both taken in Havana and -bearing the name and trade mark of the artist. The one represented a -middle-aged officer of high rank in full uniform and with the Grand -Cross of San Hermengeldo on his breast, a fine manly countenance with -long grey silky moustache; the other exhibiting the arch, pretty -countenance of a brunette in her teens, with smooth bands of raven hair -on either side of her low forehead and the shade of a moonlit night in -her dark eyes; a bright blooming creature with dimples and pouting lips -and a look of humour and frolic and sense in every feature. Together -with the photographs came a letter of Juanita Carron to the brigadier, -her father, from the convent, and bearing the Chamartin postmark, -in which the girl congratulated her father on his discovery of his -Finistère relative, expressed a firm confidence that her loving father -would long be spared to her and concluded that she would for her part, -in the worst event, willingly acknowledge her relative as a second -father and acquiesce in every arrangement that might be made for her -welfare. - -Seven months passed and the post one morning brought M. Armand Carron -a letter with the Ceuta postmark, but no longer in his cousin's -handwriting. The writer who signed himself Don Francisco Muñoz, parish -priest of San Pedro in Ceuta, announced the death of Brigadier Santiago -Carron, which had occurred seven days before the date of the letter. He -stated that the brigadier, brought to the last extremity by a sudden -attack of gout, had been attended, by him, Don Francisco, as priest -in his last hours, and been instructed to wind up all his earthly -affairs both in Ceuta and in Madrid. He was further empowered to remove -the Señorita Juanita, the brigadier's daughter, from the Chamartin -convent and take charge of her during her journey to Finistère where -she should be delivered into the hands of her appointed guardian. The -priest's letter enclosed the printed obituary handbill announcing the -brigadier's decease, according to Spanish custom, the last will and -testament of the deceased appointing M. Armand Carron sole executor, -guardian and trustee of his only daughter Juanita, and entrusting to -him the management of her fortune of one million francs, (£40,000), -mentioning the banks in Paris and Amsterdam in which that sum lay -in good state securities. The whole document was duly drawn up by -a notary, with witnesses' signatures, seals, etc., and even with -certificates of the brigadier's burial, the signatures and stamps of -the civil and military authorities at Ceuta and those of the governor -in command of the place. - -At the close of this minute statement the priest expressed his -readiness to comply with the brigadier's instructions by travelling to -Madrid, receiving the young Juanita from the hands of the Sacre Coeur -nuns and continuing with her the journey to Finistère, immediately -upon hearing from M. Armand Carron that he was prepared to receive -his lovely ward. M. Armand Carron answered by return of post that -his house and arms were open to welcome his relative's orphan child. -Where there came after some time another letter from Don Francisco -Muñoz explaining that the brigadier, although the most methodical and -careful of men, had left some trifling debts at Ceuta and there were -the doctors' and undertakers' bills to be settled: also the travelling -expenses for himself and the young lady which he, the priest, was not -able to defray. Besides all this the papers, deeds, books and other -portable property left by the brigadier, some of it very valuable, but -also bulky--among which were the certificates of the state securities -deposited in the French and Dutch banks--which at the express desire of -the deceased would have at once to be conveyed to Finistère. He, the -priest, would have to be responsible for all this, so that, what with -the boarding money and fees due to the nuns, and the clothes, linen -and other necessaries the young lady might require to fit herself for -appearance in the world, an expense would have to be incurred of which -it was difficult to calculate the exact amount. The conclusion was that -he could not undertake the journey unless M. Armand Carron supplied him -with a round sum of money, say four thousand francs, which he could -forward in French bank notes and in a registered letter addressed not -to him but to a Doña Dolores Mazaredo, a pious woman, whom her reduced -fortunes had compelled to take service as a washerwoman of the Ceuta -state prison. - -The reason alleged by the priest for receiving the money in this -roundabout way was that as the brigadier had died in debt to the -state and the government might suspect that property belonging to the -deceased had come into his, the priest's charge and be subject to the -law of embargo on the brigadier's effects, it was desirable that every -precaution should be taken to disarm suspicion and prevent injury. - -The fraud was entirely successful and in due course the letter from -Finistère enclosing bank notes for four thousand francs was delivered -to the washerwoman and from her passed into the hands of the sharpers -whose deep laid plan and transcendent inventive powers were thus -crowned with full success. M. Armand Carron heard no more of his -orphaned relative. - -The most astonishing feature in the "Spanish Swindle," as it is -commonly and almost universally known, is the extent to which it is -practised and in countries far remote from those in which the trick -originates. In one case a resident in the Argentine Republic received a -letter from Madrid which he communicated to the press stating that he -could not conceive how his name and address had become known. But it -was clear that the Argentine and many other directories were possessed -by the swindler, for similar letters all conveying the usual rosy -stories of hidden treasure had come into the country wholesale. The -fraudulent agent had long discovered that the credulity and cupidity on -which he trades are universal weaknesses and that he is likely to find -victims in every civilised part of the world. At another time Germany -was inundated with typewritten letters from the Spanish prisoner, and -the correspondent cleverly accounted for his use of the machine by -stating that he was employed as a convict clerk in the office of the -governor of the prison. - -An attempt of the same kind was tried on a Swiss gentleman of Geneva, -but it failed signally. The swindler in Barcelona thought he had -beguiled his correspondent into purchasing certain papers at the -price of twelve thousand francs by which a treasure was to be found, -and sent a young woman to Geneva to receive the cash. But the Swiss -police, having been informed of the transaction, were on the alert, -and when she kept her appointment with the proposed dupe she was taken -into custody. An individual staying at the same hotel and said to have -been in communication with her was also arrested. The emissary denied -all complicity in the intended fraud protesting that she had been -commissioned by a stranger she met in Barcelona to convey a letter to -Geneva and bring back another in return. - -The ubiquity of the swindle is proved by the adventures of a certain -M. Elked, a restaurateur of Buda-Pest, who was lured into making a -journey to Madrid, carrying with him a sum of ten thousand francs in -cash. The money was to be used in securing possession of a fortune -of three hundred thousand francs, part of which was lying in a trunk -deposited in the cloak room of a French railway station and part in -the strong room of a Berlin bank. Elked was to get the half in return -for his advance. On arrival in Madrid he met the representative of his -correspondent and was shown bogus receipts from the railway and bank. -To remove all possible doubt it was suggested that telegrams should -be sent to the railway station and to the bank and in due course what -purported to be replies were brought to Elked by a pretended telegraph -messenger. The sham telegrams finally convinced him of the genuineness -of the business and he arranged to meet the swindler in a certain café -to hand over the ten thousand francs. - -All this time an eye was kept upon Elked by a brother Hungarian named -Isray, a commercial traveller, who had come to Madrid by the same train -and who on hearing the purpose of the restaurateur's visit had vainly -tried to persuade him that the affair was a fraud. Isray followed his -infatuated compatriot to the café in a very low quarter of Madrid -and arrived just in time to see three men attempting to hustle Elked -into a carriage. He had apparently hesitated to hand over the money -at the last moment and the ruffians were attempting to get him away -to a spot where he could be conveniently searched and robbed. Isray -drew his revolver and fired two or three shots at Elked's assailants, -but did not succeed in hitting any one. He contrived however to -injure the horse and the struggle ended in the three bandits running -away, leaving Elked still in possession of his money. No passers-by -offered the Hungarians any assistance during the fight, nor did any -police appear on the scene. When Elked subsequently complained to the -police authorities they simply laughed at him for displaying so much -credulity. The victims of the "Spanish Swindle" are certainly not -entitled to much sympathy. Although arrests are occasionally made, the -Spanish police have never been able to cope very successfully with the -ancient and ever flourishing fraud. - -Some of the Spanish prisoner's lies are the crudest and most -transparent attempts at fraud, but a few are really very fine works of -art. An English country gentleman once received the following letter: - - "DEAR SIR AND RELATIVE: Not having the honour to know you but for - the reference which my dead wife, Mary--your relative--gave me, who - in detailing the various individuals of our family warmly praised - the honest and good qualities which distinguished you, I now address - myself to you for the first time and perhaps for the last one - considering the grave state of my health, explaining my sad position - and requesting your protection for my only daughter, a child of - fourteen years old whom I keep as a pensioner in a college--" - -This is the prelude to a really clever and picturesque story of the -writer's adventures in Cuba, where, after having been secretary and -treasurer to Martinez Campos, he had subsequently been driven by -General Weyler to join the insurgents, and was eventually forced to -flee the country taking with him his fortune of thirty-seven thousand -pounds. Subsequently being summoned to Spain by the illness of his -"only daughter child" he deposited the money in a London bank under the -form of "security document." After this we are introduced to the old -mechanism of this venerable swindle. The deposited note was concealed -in a secret drawer of the prisoner's portmanteau. The prisoner had -been arrested on his arrival in Spain, but a trusty friend at large -was willing to assist him in recovering the money for the benefit -of his child, if only the dear relative in England "would advance -the necessary funds for expenses." It is possible to imagine that -anyone who had never heard of these ingenious frauds might be taken -in by such a plausible narrative, but it is difficult to understand -such ignorance. A letter was received from the Castle of Montjuich -in Barcelona by a man in Dublin, who showed it to several friends in -the city explaining the process. It was new to them all, and arrests -of persons who had all but succeeded in completing this well-worn -confidence trick are constantly made in London. The boldness of these -attempts may be seen in the case of the swindlers who despatched -three letters identically the same, to three persons who were near -neighbours, residing at North Berwick near Edinburgh. The letter dated -from Madrid and said:-- - - "SIR, Detained here as a bankrupt, I ask if you would help me to - withdraw the sum of fr. 925,000 (£37,000) at present lodged in a - secure place in France. It would be necessary for you to visit Madrid - and obtain possession of my baggage by paying a lien on it. In one - valise concealed in a secret niche is the document which must be - produced as a warrant for the delivery of the above mentioned sum. - I propose to hand you over a third of the whole in return for your - outlay and trouble." - -The rest of the letter simply contained instructions as to telegraphing -an answer to Madrid. The whole was a very stupid and clumsy attempt -to deceive, lacking all the emotional appeals, the motherless child, -the persecuted political adherent of a failing cause. Worse yet it -openly invited co-operation with a bankrupt seeking to defraud his -creditors. Nor is there any effort to explain the selection of these -three particular persons in the same small town as parties to the -fraud, and the only conclusion is that dupes had been found even under -such circumstances who were afterward reluctant to reveal their own -foolishness. - -A more elaborate fraud was perpetrated soon after the fall of -Cartagena; the story ran as follows: Two of the well known -leaders of the hare-brained republican movement that led to that -catastrophe,--General Contreras and Señor Galdez,--both deputies of -the Constituent Cortes, came as fugitives to England and lodged in the -Bank of England a sum amounting to several millions of reales in state -securities, obtaining for them of course the regular certificates and -receipt from the bank. These two Spanish gentlemen afterwards lived for -some time on the continent. General Contreras took up his quarters as -a political exile in France and Señor Galdez ventured under a disguise -into Spain, where he had the misfortune to be recognised, arrested and -shut up in the Saladero. The certificates had been left in England in -trusty hands, in a trunk belonging to Señor Galdez, who from his prison -sent directions that the box should be sent by rail to Madrid addressed -to a person enjoying his full confidence. This person however had some -claim upon Señor Galdez for an old debt of six thousand francs or about -two hundred and forty pounds and insisted upon payment of this sum -before he would either part with the trunk or allow it to be opened and -the precious certificates to be taken from it. - -The matter required delicate handling, for Señor Galdez was a prisoner, -General Contreras an exile, both beyond reach, and about the money -they had placed in the bank there might lie some mystery into which it -was not desirable that enquiry should be made. An easy way of getting -at the contents of the trunk could be found if any one would think it -worth while to supply two hundred and forty pounds, settle the claims -of Señor Galdez's creditor, and laying hold of the certificates, -convey them to England and withdraw the securities from the bank. A -man whose name was given and whose address was in the Calle de la -Abada or Rhinoceros Street, Madrid, would undertake to carry through -the negotiations if any one would call upon him with the needful two -hundred and forty pounds and allow him half an hour to rescue the trunk -and deliver the certificates. The worthy Yorkshire squire to whom -intimation had been conveyed of the coup there was to be made, looked -upon the story as extremely probable. He fancied it was corroborated by -a good deal of circumstantial evidence and thought he might venture on -the speculation. A professional adviser whom he consulted undertook to -do the job for him and carry the two hundred and forty pounds to the -Calle de la Abada, taking a revolver with him, as a precaution, and -intending to deliver the money in Bank of England notes, the numbers -of which should be stopped the moment he found out that any trick was -being played on his good faith. - -Further enquiries were made, however, before any decided steps were -taken, and it was ascertained beyond doubt that Señor Galdez was -no longer a prisoner, that General Contreras had come back from -banishment, that the house in the Calle de la Abada was a notorious -haunt of malefactors and den of thieves, and the whole scheme was -another instance of the criminal ingenuity of the Spanish swindler. - - - - -CHAPTER VIII - -LIFE IN CEUTA - - Dangerous weapons manufactured within the prison walls--Frequent - quarrels--Murderous assaults on warders of constant - occurrence--Disorders and lack of discipline owing to the employment - of prisoners as warders--The "_cabos de vara_"--These posts sold - to the highest bidder--Salillas' description of these convict - warders--Worst criminals often promoted to exercise authority - over their fellows--Terrible evils arising from such a state of - affairs--Description of Ceuta--Life at Ceuta no deterrent to crime - by reason of the pleasant conditions under which the convicts - lived--Popularity of the theatre in Spanish prisons--Escapes from - Ceuta--The case of El Niño de Brenes--The different characteristics - of the Andalusians and Aragonese--Foreigners from Spanish colonies - imprisoned at Ceuta--Chinamen and negroes--Dolores, the negro - convict--His assassination by two fellow convicts--Political - prisoners--Carlists--Different types of murderers. - - -Life is held cheap in Ceuta and indeed in all Spanish presidios and -gaols. The saying "a word and a blow," may be expanded into "a word and -a knife thrust." The possession of a lethal weapon is common to all -prisoners and prevails despite prohibiting regulations. Fatal affrays -are of constant occurrence. At Valladolid five men were wounded in -a fight over cards, which were openly permitted. An official enquiry -followed, with the result that on a search instituted through the -prison, numbers of large knives were discovered and many smaller -daggers. - -It is pretended by the authorities that the introduction of such -weapons as well as of spirits and packs of cards cannot be prevented. -The gate keepers however exercise no vigilance or are readily bribed -to shut their eyes. The ruinous condition of many gaols with their -numerous cracks and openings and holes in the walls is partially -responsible. As a natural consequence blood flowed freely when rage -and unbridled passion were so easily inflamed and the means of seeking -murderous satisfaction were always ready to hand. Quarrels grew at once -into fierce fights which could not be prevented and must be fought -out then and there even to the death. Chains and stone walls and iron -bars were ineffective in imposing order. There could be no semblance -of discipline where the two essentials were absolutely wanting, -supervision and honest service in the keepers. - -Knives were often provided by the ingenious adaptation of all kinds -of material within the walls, such as one-half of a pair of scissors -firmly fixed in a handle bound round with cloth; or a piece of tin -doubled to form a blade and stiffened by two pieces of wood to keep -the point sharp; or the handle of a wooden spoon sharpened and as -formidable as an inflexible fish bone.[15] Other arms carried and -used on occasion for premeditated or unexpected attack or in set, -formal encounters were a razor, a file, a carpenter's adze, a hammer, a -cobbler's awl. - -[15] I have seen a precisely similar weapon in an English convict -prison, the product of an evil-minded prisoner who used it in an -assault upon his officer. - -Some surprising figures have been collected by Salillas to show how -frequent was the appeal to violence and how fatal the consequences -of the bloodthirsty strife so constantly breaking out among the more -reckless members of this hot-tempered Latin race. They had often -their origin in drunken quarrels, for _aguardiente_, the Spanish -equivalent to whiskey or gin, was always plentiful, introduced almost -openly by the warders. Ancient feuds were revived when the opportunity -of settling them was offered by the chance meeting in the gaol. -Occasionally a homicidal lunatic ran loose about the yards and struck -blindly at any inoffensive person he met when the furious fit was on -him. Salillas tells us that in one year sixteen murderous assaults -were committed upon warders,[16] and twenty-four free fights occurred -among the prisoners, eleven of whom were killed outright and forty-two -seriously wounded. One truculent ruffian fell upon an aged wardsman -(a convict also), struck him with a shoemaker's knife and then, -brandishing his weapon, defied interference or the rescue of his victim -whom he "finished" with repeated blows. A Valencian newspaper describes -an encounter between two inmates of the Torres Serranos prison in that -city. "Without warning or suggesting the cause of difference the two -silently hurried to a large empty room, rushed at each other with their -knives, and the only sounds heard were those of blows struck and warded -off and of shuffling feet as they circled round each other. Warders -headed by the governor (alcaide) strove to separate the combatants and -succeeded at last in doing so but at peril of their lives. Both the -antagonists were wounded, one had his cheek laid open and the other's -face was horribly gashed. At Saragossa an old man who complained that -one of his blankets had been stolen was fiercely attacked in the -shoemaker's shop by the thief, who had been cutting out sole leather -with a heavy iron tool. Deadly wounds were inflicted on the victim, -but the infuriated aggressor stood over him, keeping those who would -have interposed at bay until it was clearly evident that death had -supervened. - -[16] An official report dated 1888 gives a total of 221 prisoners in -the whole of the establishments admitted into hospital suffering from -wounds, fractures and contusions received in the gaols. - -The primary cause of the chronic discreditable, disgraceful disorder -that reigned in the Spanish prisons was the prevailing custom of -employing prisoners in the service and discipline of the prisons. This -practice is now universally condemned as reprehensible and it has been -abolished in most civilised countries and even in Spain. The excuse -offered which long passed current in Spain was the expense entailed by -employing a proper staff of officers, a necessity in every well ordered -prison administration. But till quite a recent date the control and -supervision of prisoners in Spanish gaols was practically their own -affair. There were the usual superior officials, assisted by a few free -overseers (_capataces_) but the bulk of the work was entrusted to the -_cabos de vara_. - -The vicious system was the more objectionable from the uncertainty -which prevailed in its working. If the _cabo de vara_ had been -carefully selected from the best and most exemplary prisoners some of -the worst evils might have been avoided. But it was all a matter of -chance. Not only was there no selection of the best but there was no -rejection or elimination of the worst candidates. In some conspicuous -cases the office of _cabo de vara_ was suffered to fall into the hands -of men altogether unfit to hold it. Two in particular may be quoted, -those of Pelufo and Carrillo, who having first committed atrocious -crimes, escaped punishment and were actually promoted. One, Pelufo, -was a convict in the presidio of Cartagena who murdered a _cabo_ and -cut his way out of the St. Augustin prison, knife in hand; the other, -Carrillo, slew a comrade in a duel in the presidio of San Miguel de -los Reyes (Valencia) and both were subsequently appointed _cabos_, "a -reward," as a witty official said, "which they had earned by their -services to penitentiary methods." - -With such examples and under such authorities serious crimes were -naturally numerous. A few may be mentioned. A _cabo_ named Casalta -killed a fellow _cabo_ in St. Augustin prison of Valencia with five -cruel thrusts and afterwards stabbed an officer to the heart. When the -military guard came up he seriously injured one of the soldiers and -wounded two convicts, one in the head, the other in the back. Casalta -was however condemned to a fresh sentence of twelve years. One Ferreiro -Volta cut a comrade's throat for having given evidence against the -man, Pelufo, already mentioned. Many more cases of the same heinous -character where the homicidal instinct had full play may be picked out -of the published lists. In one prison thirteen already guilty of murder -or attempted murder repeated their crimes as prisoners; in another nine -convicted of maliciously wounding, pursued the practice or were guilty -of awful threats to murder in the gaols. The cases might be multiplied -almost indefinitely but it will suffice to indicate the terrible -conditions constantly prevailing. No doubt murderous attacks were often -stimulated by the tyranny of the prisoner _cabos_, against whom their -fellows, goaded to desperation, rose and wreaked vengeance. - -The discipline exercised by these prisoner warders was naturally not -worth much. It was their duty to correct and restrain their comrades, -to assist in their pursuit when they escaped after having originally -most probably facilitated the evasion, to side with the authority in -cases of serious insubordination and disturbance. But they were weak -vessels yielding readily to temptation, accepting bribes hungrily, -swallowing drink greedily when offered, quickly cowed by the threats -of prison bullies and surrendering at discretion when opposed. But -even although there were good and trusty men to be found at times -among them, no real reliance could be placed in them. They generally -represented fifty per cent. of the staff and the necessity for the -substitution of the non-convicted, properly paid, fairly honourable -warders has been very wisely decided upon. The chief danger lay in -their close and intimate association with the rest, day and night -constantly alone when no official supervision was possible. Their -value depended entirely upon their personal qualifications. If they -were weak-kneed and invertebrate, they could apply no check upon the -ill-conditioned, could neither intimidate nor repress: if on the other -hand they were of masterful character with arrogant, overbearing -tempers, they might do immense mischief by tyrannising over their -charges and leading them astray. Men of this class often claimed an -equality with the recognised officials, treated them with off-hand -familiarity, spoke without saluting or removing their caps, while -insolently puffing the smoke of a half-consumed cigarette in faces -of the officers. Salillas sums up the type as "semi-functionary, -semi-convict and all hangman." - -The external aspect of Ceuta is not unpleasing. It is built on seven -hills, the highest of which is topped by the fortress, and in the -word "septem" we may trace the name Ceuta. It still possesses a few -Moorish remains, for it was once an important Moorish city. Some of -the streets show a tesselated pavement of red, white and green tiles, -and house fronts are to be seen in white, black and serpentine marble -with decorated scroll work running in a pattern below the gutter. -It has some claims to be picturesque and possesses certain artistic -architectural features. An imposing barrack, that called Del Valle, -built by prison labour, is considered one of the finest Spanish -military edifices. It has also a cathedral dedicated to Our Lady of -Africa, engineering and artillery yards, a military hospital, another -church, public offices, and above all a palace of the governor and -general commanding. The latter in particular, with its extensive -grounds, handsome façade, and suites of fine rooms, the whole well -mounted and served by a large staff of convict attendants, is the -envy of all other government officials. One wide street traverses the -city from west to east crossed by a network of smaller ways, all airy -and well ventilated by sea breezes and constantly illuminated by a -brilliant sun. From time to time convicts in their distinctive dress -pass along, but scarcely cast a shadow upon the scene, showing few -signs of their thraldom and passing along with light-hearted freedom, -smoking excellent tobacco or singing a gay song. No beggars offend the -eye, for to solicit public charity is strictly forbidden. Generally a -contented well-to-do air is worn by the crowd, and even the convicts -are decently dressed. Other inhabitants, Moors from the mainland, and -Jews long established in commerce seem prosperous and evidently possess -ample means gained by their industry and thrift. - -The presidio or prison proper of Ceuta covers a large part of the -peninsula or promontory and embraces four distinct districts; the first -is situated in the new or modern town; the second lies just outside -it; the third is within the old town and the fourth is beyond the -outer line of walls. The first part is connected with the third by a -drawbridge called _boquete de la sardina_ or the "sardine's entrance"; -the second with the third by a portcullis; the third with the fourth -and last by the outer gate of the city. - -In the first are the artisans' quarters, situated in the cloisters of -an ancient monastery, that of San Francisco, and but for the patching -and whitewashing would look quite ruinous. It is neither secure nor of -sufficient size. The night guards are posted in the old mortuary house, -the bars to many windows are of wood. The building contains offices, -schoolhouse, store for clothing and the workshops, these being in a -sort of patio or courtyard, or in hollow spaces in the cloisters, and -are simply dens and rookeries, in part exactly over the old burial -ground. The handicrafts pursued when I visited it were various: men -were making shoes; fourteen tailors were at work; a blacksmith with -a life sentence constantly hammered out the red hot iron; a tinsmith -produced many useful articles; a turner at his lathe worked admirably -in the old meat bones and fashioned handles for walking sticks and -umbrellas. This turner earned much money and was comfortably lodged. -Convicts at Ceuta are not deprived of their profits and spend their -money buying better food, superior clothing and _aguardiente_ and -using it to bribe their overseers, or they cleverly conceal it, adding -constantly to their store. Industry is a chief source of wealth, but -many political prisoners bring large sums in with them, or it is -smuggled in to them, and a successful hit with the "buried treasure -fraud" will supply plenty of cash. - -Other industries followed are carpentering and the construction of -trunks and boxes which sell well. A number of looms are engaged in -weaving canvas for the manufacture of sails for the local shipping, -rough material for sacking and clothing of the convicts, all in large -quantities and to a really valuable extent. These workshops are -filled by the prisoners in the first stage of their detention. The -water-carriers and clerks in the government office are in the second -period, and on reaching the third the convicts obtain the privilege of -going at large to accept employment in the town "from gun to gun." - -The prison hospital is situated in this first district, an ancient -edifice erected with part of the funds subscribed in times past to -purchase freedom for Christian captives enslaved by the Barbary Moors. -The building is of good size, well ventilated, and enjoys good hygienic -conditions. But the defects and shortcomings in Spanish administration -extend even to Ceuta and the prison hospital, which a local authority -says "is detestably organised and mounted miserably." The roof is so -slight that it affords no proper protection in summer and the intense -heat of the blazing sun striking through is very injurious to the -patients. The medical resources are small and inferior; the beds -few and unclean; the whole of the interior arrangements, furniture -fittings and appliances, insufficient and worn out. There is no -mortuary and to add a small detail in proof of the imperfections, -autopsies were performed in a small den, part of the hospital proper, -without disinfectants and the essential appliances for carrying out -post mortems. Patients seldom made a long stay in the hospital, for -they were rarely admitted until they had reached the last stages of an -illness and came in as a rule only to die. - -The second district contains the principal quarters for convicts. One -is in the chief barrack called _cuartel principal_ and another in the -fortress _el Hacho_.[17] Some further evidence of their evil condition -may be extracted from an account given by Salillas. "It is impossible -to conceive," he writes, "a more unsuitable, unsavoury place for a -prison. The rooms and dormitories occupied by the convicts are dark -and gloomy, always damp, full of pestilential odours and dirty beyond -description. The floors are of beaten earth, ever secure hiding places -for all forbidden articles, weapons, tools for compassing escape, -jars of drink, the fiery and poisonous _aguardiente_. It seems to me -extraordinary," he goes on to say, "that life under such conditions is -possible. A thousand and odd men who seldom if ever wash, who never -change their clothes, are crowded together promiscuously in small, -unclean, ill-ventilated, noisome dens and must surely engender and -propagate loathsome epidemic disease." The fetid air is foul with the -noisome exhalations of many generations of pestiferous people. It is -one sink of concentrated malaria--a reeking hot bed of infection. -The services of supply are carried out with abominable carelessness: -the kitchen is an abode of nastiness: the cooking is performed by -repulsive looking convicts in greasy rags who plunge their dirty arms -deep into the seething mess of soup which they bail out into buckets, a -malodorous compound of the colour and consistency of the mortar used in -building a wall. - -[17] See ante, pp. 159 sqq. - -Close by is another quarter in which convicts are lodged, _el Hacho_, -or the hilly ground or topmost point of Ceuta on which is placed the -citadel which crowns the fortifications. It takes the overflow from -the principal barrack and is moreover generally occupied by the worst -characters, the most insubordinate and incorrigible members of the -prison population. The rooms, as in the barrack below, are dirty, -overcrowded and insecure, but a few windows of the upper story open on -to the Mediterranean and are not always protected by either wooden or -iron bars. _El Hacho_ contains within its limits a certain number of -solitary cells, well known and much dreaded by the habitual criminals -of Spain. They are essentially punishment cells used in the coercion -of the incorrigible and are just as dark, damp and wretched as the -larger rooms. But the solitary inmate in each cell is generally kept -chained to the wall or is as it is styled _amarrado en blanca_, nearly -naked and heavily ironed. The treatment is exemplary in its cruelty, -but does not necessarily cure the subject. There was one irreclaimable -upon whom several years of the _calabozo_ had had no effect. He had -been sentenced to be thus chained up as the penalty for murderously -wounding an overseer in _el Hacho_, but he did not mend his manners. -On one occasion on the arrival of a new governor all under punishment -were pardoned. This convict when sent out forthwith furiously attacked -the first warder he met and was again condemned to be locked up as a -ceaseless danger to the presidio. He is remembered as little more than -a youth, but with a diabolical countenance and indomitable air. - -The district of the _Barcas_ does not contain a barrack properly -speaking, but there is a space cut in the thickness of the line wall -entering a patio or courtyard which gives upon seven rooms, some -high, some low; of these three and part of the yard were filled with -munitions of war, and a battery of artillery was placed over the -dormitories on their upper floor. Many of the convicts are employed as -boatmen and watchmen in the port, others have charge of the walls and -carry water up to the guardhouses on the higher level. They also attend -to the service of the drawbridge between the old and new town. One -who was employed as gatekeeper at the drawbridge was well remembered. -He was trusted to call on all convicts who passed to produce their -permits of free circulation or to enter and leave the fortress. He -had a pleasant rubicund face, was one armed, a little deaf, but with -very sharp eyes, not easily hoodwinked. He was a confirmed gossip who -picked up all the news which he retailed to all who passed in and out. -Escapes were of constant occurrence at Ceuta, but few occurred by the -drawbridge of the _Barcas_. - -Half way up the road from the town to the citadel and the fort of -the Seraglio was the Jadu barrack which was occupied by the convicts -who were engaged in agricultural work, in making tiles and burning -charcoal. Many of these were foreigners and negroes. The bulk of the -residents was made up of those who had completed three fourths of their -sentences and lived "under conditions," or in a state of conditional or -semi-freedom. There was little wrong-doing in Jadu, thefts were rare, -fights and quarrels seldom took place. The Seraglio was a fortified -barrack of rectangular shape occupied by troops of the garrison and -lodging an odd hundred convicts labouring on adjacent farms in private -hands. - -It will be observed that the convicts established in these last-named -quarters beyond the walls do not appear to exhibit all the unpleasant -features attributed to them by some writers in recording their -experiences of Ceuta.[18] No doubt the truth lies somewhere between -the two extremes but it is certain that the chief penal colony of -Spain shares to a marked extent the drawbacks inseparable from all -forms of penal colonisation. We may see, beyond all question, that at -Ceuta no beneficial results are achieved by the system. Criminals who -undergo the penalty are not improved by it; their reformation, too -generally a will-o'-the-wisp under the very best auspices, is not even -attempted, much less assured. On the other hand, it is perfectly clear -that evil is perpetually in the ascendent, that criminal tendencies -are largely encouraged by the facilities given in the education and -practice of wrong doing; that the presidio itself is a criminal centre -where the seeds of crime are sown and their growth fostered despite the -difficulties of distance and inconvenience. The fear of penal exile is -no deterrent to crime for the simple reason that life in Ceuta is not -particularly irksome and that the convict finds many compensations -there. The obligation to hard labour is not strictly enforced. Man -must work, but not hard and chiefly for his own advantage, to gain -the means of softening and bettering his lot. He passes his time very -much as he pleases. Though he rises with the sun, as is the universal -custom of his country, he turns out of bed without giving a thought to -personal cleanliness and proceeds to his appointed labour leisurely, -after disposing of his breakfast, adding perhaps more toothsome -articles of food, including a morning drink of _aguardiente_ bought -from the hawkers and hucksters awaiting him at the prison gates. He is -dressed in prison uniform, but it is sufficient and suitably varied -with the season. He is not hampered by fetters, as the ancient practice -of chaining convicts together in couplets has long since ceased. The -wearing of irons fell into disuse years ago at the building of the -great barrack del Valle, when several deplorable accidents occurred and -it was found that chains interfered with the free movement of workmen -on scaffolding and so forth. The idea was that irons should again -be imposed at the conclusion of the building; "but all who thought -so did not know Spanish ways, nor the despotism of custom when once -established."[19] "To-day (1873)," says same writer, "there are not -fifty suits of chains in the storehouse and not more than twenty are -worn by special penalty and by no means as a general practice." The -convict loafs about the rooms or courtyard or idly handles the tools -of his trade, gossiping freely with his comrades, or taking a hand at -_monte_ or _chapas_ with the full permission of warders not indisposed -to have a "little on the games"; he finds easy means to issue into the -streets to carry on some delectable flirtation; there may be a bull -baiting afoot, a _novillos_ in which all may join, or a theatrical -performance is being given by a convict company in one of the penal -establishments. - -[18] See ante, p. 159. - -[19] Relosillas. - -The theatre is a passion with the average Spaniard and the taste -extends to those in durance. Cases constantly occur in which popular -plays have been reproduced in prisons situated in the principal cities. -Salillas[20] states that almost all the prisons of Spain had their -theatre and he gives the names of Burgos, Ceuta, Ocana, Valladolid, -Saladero (Madrid) and Alcalá de Henares. One writer who visited the -prison performance at Seville of a musical piece, the "Viejas Ricas -de Cadiz," said it was given well and that the vocal talent was -considerable in that and other prisons. At the presidio of San Miguel -de los Reyes the convicts were heard singing a chorus on Christmas Eve -which was perfectly executed and with great feeling. - -[20] "Vida Penal en Espana." - -In the Valladolid gaol the theatre was regularly installed by a -company of forty convicts who had contributed substantial sums for -the purpose. It had working committees with rules and regulations -formally sanctioned by the governor of the province. The theatre with -seats for an audience of four hundred, and four private boxes holding -twelve persons each, was constructed in a building which afterwards -became the blacksmith shops. A refreshment room was provided in which a -contractor dispensed sweets and pastry and strong drink; real actresses -were engaged from outside at a salary of a dollar for each performance; -invitations were issued to the free residents and the convicts paid -two reales for admission. Well known, high class plays were produced, -comedies, dramas and comic operas. - -The whole proceeding was a caricature upon prison discipline and the -authorities who permitted it were very properly sharply and severely -condemned. They exposed themselves to reproof and worse for flagrant -contempt of the most ordinary restrictions in allowing women to pass -in constantly, and in permitting the sale of alcoholic liquors. That a -place of durance, primarily intended for the restraint and punishment -of evil doers should be converted into a show and spectacle was an -intolerable misuse of power and a disgraceful travesty of the fitness -of things. The positive evil engendered was seen in the wholesale -escape of the theatrical company, while the audience patiently waited -in front of the curtain which "went up" eventually on a wholly -unexpected performance.[21] - -[21] See ante, p. 128. - -In the matter of escapes Ceuta was famous. It was not difficult to -get away from that imperfectly guarded stronghold when the convict -had means to bribe officers or buy a boat and had the courage to make -the voyage across the Straits of Gibraltar. The story of one veteran -convict who escaped from Ceuta is interesting because he was driven to -take himself off by what he no doubt deemed the ill-judged severity of -his injudicious keepers. This was an old brigand known as "_El Niño de -Brenes_," (the lad of Brenes), a name he must have earned some time -back for he was a man aged seventy when he "withdrew" (the word is -exact) from Ceuta. He was a well-behaved, well-to-do convict of affable -address who had gained many staunch friends among the officials and -his own comrades. The position he had created for himself was one of -practical ease and comfort; he lived in _el Hacho_ pursuing various -industries, usury among the rest, and gradually grew so rich that he -gained possession of a strip of land which he cultivated profitably and -kept a fine poultry yard as well as many sheep and goats. - -El Niño was a tall well built old man, dark-skinned, with abundant -white hair. He was of highly respectable appearance, very stout and -sleek, and, being on the best of terms with his masters, he took -upon himself to discard the prison uniform and dress himself as an -Andalusian peasant with gaiters and red sash and _sombrero calañes_ -(round hard hat). Not strangely this presumption displeased the -authorities and he was told that he must conform to the rules and -appear in the proper convict clothing and cease to act as a money -lender to his poorer brethren. He received this intimation with -a smiling protest; he pointed out that he used his influence in -pacifying ill-conditioned convicts, in staving off disturbances and -preventing quarrels. If his services were not better appreciated -and he was tied down to the strict observance of the ordinary rules -he would move further away; his remaining in the presidio was quite -a matter of favour and he had always at his disposal the means to -make his escape, and if he were interfered with he would take his -departure. This impudent reply quite exasperated the authorities, -who thereupon resolved to employ sharp measures. The facts as he had -stated them were more or less true and the blame lay really with the -faulty and inefficient régime in force. But the authorities would not -tamely submit to be defied and a peremptory order was issued that he -should dispose of his private property by a certain date, wind up his -financial affairs and renounce all idea of exceptional treatment. El -Niño took this as a threat to which there could be but one reply. -He gathered together his cash and portable property and quietly -disappeared. A hue and cry was raised; the usual signals flew at the -signal staff; all gates and exits were closely watched; the police were -unceasingly active in pursuit, but the fugitive had laid his plans -astutely and was never recaptured. Having the command of ample means he -doubtless used them freely to purchase freedom by taking some sure road -past the frontier or across the sea. - -Allies and auxiliaries were never wanting to the enterprising fugitive -willing to pay liberally for assistance. In one case a convict had the -courage to allow himself to be shut up in a chest half full of tobacco -and to be thus conveyed to Gibraltar, to which it was returned as -containing damaged goods. Gibraltar is a free port and the chest was -landed without question. Then the consignee opened it without delay -and extracted the fugitive convict uninjured. The last part of the -story is somewhat incredible and we may wonder why the fugitive did not -succumb to the discomforts of his narrow receptacle, want of air, the -exhalations of the tobacco and the shakings and bumping of the box as -it made its voyage, albeit a short one, from Ceuta to the Rock. - -An escape on a large scale was effected from the principal barrack when -eighteen convicts descended into the drains, and finding their progress -unimpeded threaded them safely and passing under the outer wall reached -the outlet to the sea. It happened that the water was high and that -there was a great conflict of currents in which that setting inward had -most force and the exit was blocked by the stormy waves. Some of the -convicts committed themselves to the waters but were washed back with -violence against the rocky fortifications and all of them in terror -for their lives raised loud cries, calling for help. The sentries gave -the alarm, the guards ran down and recaptured all the fugitives but -one, a fine swimmer who persisted in his attempt and was swept seaward -clear of the rough water till he was able to regain the shore on the -far side of the Moorish sentries. - -The prison population of Ceuta is made up of a number of motley, -polyglot types of the many diverse families that compose the -Spanish race and of other distinct nationalities. The Spaniards are -generally classified under two principal heads: the Aragonese and the -Andalusians. The first named comprises all from the northern provinces -who are generally coarse, quarrelsome and brutal, sentenced chiefly for -crimes of violence, murders premeditated and committed under aggravated -circumstances, the outcome of furious and ungovernable passion. The -Andalusian is of more generous character, lively and light-hearted, -but of unsettled disposition and much impelled to attempt escapes. He -is a chronic grumbler constantly moved to complain, dissatisfied with -his rations and clamorous for special privileges. The Aragonese on -the other hand suffers long in silence which leads eventually, after -long brooding, into mutinous combination. The Andalusian makes his -grievances heard by word of mouth, the Aragonese rushes without notice -into overt action and organised attack. Another distinct section of -the Spanish race is the Galician and the native of the Asturias, a -sober, quiet and well-conducted people at home, who exhibit great -ferocity as convicts. Sanguinary encounters are little known in these -provinces, but when an Asturian or Galician takes the life of his -enemy, he uses artifice and waylays him, decoying him into an ambush -and murdering him often with horrible mutilation. A criminal feature, -peculiar to the women of these provinces, is their addiction to the use -of poison. Other Spanish females will use violence and inflict lethal -wounds openly, but the Galician woman administers poison secretly, -deliberately choosing her victims among her nearest relatives. - -The colonial empire of Spain, now a thing of the past, contributed -in its time a substantial contingent of yellow and black convicts, -Chinamen from the Philippines and negroes from Cuba. It was a -reprehensible practice to associate these foreigners with the European -convicts and it produced many evils. The Chinaman was often shamefully -ill-treated. He bore it patiently, but at times when goaded beyond -endurance, retaliated with bloodthirsty violence. The story of one -negro convict, a rather remarkable person, is still remembered at -Ceuta. He rejoiced in the somewhat inappropriate feminine name of -Dolores, and despite his colour was a singularly handsome man. He -had a slight, active figure, a highly intelligent face and a clear, -penetrating eye. His mental faculties were of a high order, although -he had received only an indifferent education. He had the fondness -of his race for fine clothes and although conforming to the prison -uniform wore it with a certain distinction, improving and adding to it -where possible and having quite a gentlemanly appearance. He had been -guilty of a hideous murder in Havana for which he had received a nearly -interminable sentence. His behaviour in gaol was orderly and submissive -and he always displayed the utmost loyalty to his masters, who in -return lightened his lot as far as was possible. - -Dolores, as a rule, was of a patient disposition, although he was -easily roused into fits of violent temper and could be at times, -according to his treatment, either a lion or a lamb. It seemed almost -incomprehensible that the mild eyes so calm and peaceable, when he was -unmoved, could blaze with sudden fury or that his small delicately -shaped hands could fasten murderously on a fellow creature's throat. -Tyranny and oppression were intolerable to him and he altogether -declined to submit to be domineered over by the chief bully in the -prison. His defiance led to an embittered conflict--a duel fought out -with knives--in which the black champion conquered after inflicting -many deep wounds upon his antagonist. With his victory Dolores gained -also the implacable ill-will of his fellows. They put him on his trial, -in a corner of the principal barrack and condemned him to death, which -would certainly have been inflicted had not the authorities interposed -to give him their protection. He was removed to _el Hacho_ and placed -in one of the separate cells used generally for the punishment of the -incorrigible.[22] This was fatal to him. Two water-carriers belonging -to the hostile faction entered the cell when Dolores was engaged in -writing with his back to the door, and throwing themselves upon him -gave him two mortal wounds under the left shoulder. In this supreme -moment Dolores put forth his tremendous strength, caught his assailants -by their necks and broke them before the warders could interfere on -either side. Dolores died but he is still remembered in the prison -annals as one of the most valiant and indomitable convicts who had ever -been detained in the presidio. - -[22] See ante, p. 194. - -Another alien convict to whom Relosillas pays a high tribute was his -own Chinese servant, a convict known as "Juan de la Cruz, the Asiatic." -He seems to have been unceasingly loyal and devoted in his service, an -admirable cook, an indefatigable nurse, a faithful watchman who guarded -his effects and secured his privacy. Juan had many accomplishments; -he could weave shade hats of the finest palm fibre, he was as clever -as any seamstress with his needle; he was a first-class housemaid and -laundress; he could make a dollar go further in the market than the -most economical housewife. He drove the most astonishing bargains with -the hucksters and purveyors of food, fish and game, with which Ceuta -was plentifully supplied. He had been condemned to a long term for -a murder committed in Havana at a hotel, of which he was the chief -cook. In appearance he was younger than his years, tall, thin, anæmic -looking, shortsighted, with jet black hair and oblique eyes. He was -a man of great intelligence, a dramatic author in Chinese and was -released before his time to accompany the Director General of Prisons -to Madrid as his cook. In the end he started a fruit shop in the -capital and prospered greatly. - -An entirely different class of prisoners came to Ceuta in considerable -numbers from time to time,--those exiled for political misdeeds. A -whole discipline battalion was composed of military offenders, among -them a number of artillerymen condemned for the rising in Barcelona -and crowds of Carlists and those concerned in the so-called cantonal -risings. One or two politicals were strange characters, such as the -old soldier named "_el Cojo_" (the lame man) of Cariñena, a conceited -veteran very proud of his many campaigns in which he had served, and -who went everywhere on donkey back, being infirm and crippled. Another -was the ex-curé of Berraonda, a Biscayan priest of ferocious aspect, -tall, corpulent, dark-skinned, with an abundant snow white bushy beard, -which grew to his waist and which was left untouched by the prison -barber. - -Speaking in general terms of the whole body all types of character were -represented. Some when in funds liked to pose as dandies with fine -linen, smart shoes or rope sandals tied with ribbons and coloured -sashes (fajas); others, the larger number, were coarse and brutal -ruffians, without private means, or too idle to acquire them by the -labour of their hands, much given to drunkenness and very quarrelsome -in their cups. The attitude of most convicts is mute irritation against -everyone, but they especially hate their warders and superiors; they -are surly and forbidding in manner, silent as to their past, little -disposed to talk of their criminal adventures. Yet they display the -most contradictory traits. Even when they have been guilty of the most -horrible misdeeds they often show a calm, innocent face and are little -vexed by conscience. One who was noted for his submissive demeanour and -who in any trouble always sided with authority, was a parricide who had -killed his father under the most revolting conditions. - -This youth, barely of age at the time of his crime, had sought his -father's consent to his marriage with an unworthy character, and -when refused, he retaliated by beating in his parent's brain with a -pickaxe. The fit of homicidal fury which possessed him drove him to -kill his father's donkey also and the dog which had been at his heels. -Then, having satiated his rage, he went home seemingly undisturbed, -and made some paltry excuse for his father's absence. When the corpse -was found he was arrested on suspicion, but for want of more than -circumstantial evidence escaped the garrote, and was sent to Ceuta -for life. Yet this miscreant betrayed no outward sign of the horrible -passions that sometimes dominated him, but was always placid and -of an engaging countenance. He was lamblike in his demeanour, most -attentive to his religious duties, never missed a mass or failed to -confess. He was devoted to children and his greatest pleasure was to -fondle the baby child of one of the warders which he carried about in -his arms in the streets of Ceuta. He seemed absolutely callous and -insensible to the prickings of conscience, but he showed in two ways -that he was consumed with remorse. When any reference was made to his -crime, at the slightest hint or the vaguest question, a fierce look -came into his eyes, his mouth closed, his hand sought his knife and -he was ready to attempt some fresh act of violence. The other sign of -his mental distress was that he seldom slept and never soundly or for -long, and his nights were disturbed with groans, deep sighs, even yells -of despair. Yet his general health was good, he ate with appetite, -maintained his strength well, and there was no apparent mental -failure. But he was no doubt mad and under a more intelligent system -of jurisprudence he would have been relegated to a criminal lunatic -asylum. There is no record however that at Ceuta he had been seized -again by homicidal mania. - -There were many other types of murderers in Ceuta. The husbands who -had killed their wives formed a distinct group. Jealousy because of -real or fancied injury led to the vindictive thirst for revenge and -this was more frequently found in the peasant than in the higher -and better educated classes. Death had been inflicted in most cases -by violence, but one aggrieved Othello chose poison, rejoicing in -the acute suffering produced by arsenic. Another, who was half a -Frenchman, adopted the French method of dismemberment, and to dispose -of the damning evidence of the corpse, cut it up into small pieces and -distributed them far and wide, but could not hide them effectually. -Extenuating circumstances were allowed him and he went to Ceuta, where -he is said to have lived quite contentedly, never regretting the savage -act that had avenged his dishonour and made him a widower. - -Ceuta made its own murderers. Duels to the death were of constant -occurrence as elsewhere, and the authorities rarely interfered even -when fatal consequences ensued. On this point Relosillas says: "During -my stay of fourteen months in Ceuta hardly an hour passed without a -serious quarrel, not a day when some one was not wounded, not a week -without a violent death in the _Cuartel Principal_. These troubles -were due invariably to the same causes, the admission of _aguardiente_ -and the facility with which knives and lethal weapons could be -obtained--points already noted and discussed at the beginning of this -chapter. The drink was always on tap, as it could be introduced without -difficulty through the dishonesty of the warders and the unlimited -traffic with the townspeople. The weapons were never wanting, as it was -impossible to check their presence, for no convict would be without his -long sharp knife ready for instant use. - - - - -CHAPTER IX - -BRIGANDS AND BRIGANDAGE - - Disordered state of Spain at the accession of Isabella--Brigandage - raised into an organised system by lawless nobility and rebels--The - revival of the Santa Hermandad or Holy Brotherhood--This - institution revived again in the 19th century under the name of - "Migueletes"--Attack on the mail coach outside Madrid--The famous - brigand José Maria--His daring robberies in the Serrania--His - early life--English officers from Gibraltar captured and held to - ransom--Beloved and venerated by the peasants--In 1833 appointed an - officer of the Migueletes--Brigandage not extinct in Spain--Don Julian - de Zugasti appointed governor of Cordova--Methods of procedure--The - famous robber Vizco el Borje--His seizure of Don Pedro de M.--Enormous - ransom extorted--Agua Dulce. - - -Brigandage, the form of organised highway robbery practised by bands of -thieves in countries where roads are long and lonely and imperfectly -guarded, has been always popular with the Latin races. It suited the -tastes and temperament of reckless people who defied the law and -laughed at the attempt to protect defenceless wayfarers. Their activity -was stimulated by the long wastes of rugged country that separated the -towns, giving harbourage and security to the robbers who issued forth -to prey upon travellers and easily retired to their rocky fastnesses -and escaped pursuit. These Ishmaelites have been especially active in -Spain and Italy and the aggressive spirit that moved them is not yet -entirely extinct. More settled government has produced a more effective -police in these latter days, but acts of brigandage in its latest -development, that of "holding up" modern means of conveyance, express -trains, bicycles and motor cars, have occurred, and may be reasonably -expected to increase. - -Brigandage is as old as the hills in Spain and some of its earliest -phases are well worth describing before they are forgotten or replaced -by newer processes. We may look back and gather some idea of those -early days in Spain. - -When Isabella, the Catholic, ascended the throne of Castile, she was -called upon to govern a country profoundly demoralised, infested -with evil doers and dominated by a turbulent and vicious nobility. -The throne was an object of contempt, the treasury empty, the -people poverty stricken, and the princes of the Church rebellious -and rejoicing in large revenues. A lawless aristocracy hungry for -independent authority were fighting for their own lands or conspiring -secretly to overawe the Crown. Titled alcaldes, traitors and rebels, -openly raised brigandage into a system, exacted tribute by blackmail -from the lower classes, and made unceasing war upon the higher. Within -the kingdom a rival pretender aimed at the Crown. One near neighbour, -Alfonso V of Portugal, menaced the peace of the country and kept -an army on the frontier; another, Louis XI of France, crafty and -unscrupulous, constantly threatened war and held his army in Guipuscoa. - -In a few short years the whole aspect of the country was changed. -Isabella brought her rebellious nobles to their knees, all of them -asking pardon and promising allegiance; the French army withdrew -hastily to France; the Portuguese was defeated and expelled; the -claimant to the throne was imprisoned and numbers of high-born -criminals suffered on the scaffold. The great ecclesiastics disgorged -much of their wealth to buy forgiveness, the robber haunts were -attacked and destroyed, the high-roads became perfectly safe, thieves -and highwaymen took to honest labour. Now the revenue was largely -improved, the law was respected, crime was actively pursued and -rigorously punished. But for the terrors and cruelties practised by the -Inquisition, Spain would have enjoyed unbroken domestic peace and all -the benefits accruing from general good government. These satisfactory -results were largely achieved by the excellent police organised by -Isabella and her husband, Ferdinand. The revival and consolidation of -the "Santa Hermandad" or Holy Brotherhood which had always existed in -the country districts to secure peace and tranquillity, but heretofore -wielding smaller powers, worked wonders. A comprehensive system was now -introduced by which all parts were patrolled by well-armed guardians -of the law, mounted and on foot, who checked, prevented or punished -misdeeds. In every collection of thirty houses or more two officials -were appointed to deal with all offenders according to a strict code. -Every thief when taken was punished with fine, flogging and exile, in -penalties proportioned to the amount stolen. For more heinous offences -his ears were cut off and he got a hundred lashes, or yet again one of -his feet was amputated and he was peremptorily forbidden to ride on a -horse or mule at peril of his life. A sentence of death was carried out -by shooting with arrows. - -This ancient Hermandad was at one time revived in the _Migueletes_, -a body of men organised early in the nineteenth century to act as -escorts to private travellers, as the regular mails and diligences -were under the protection of troops provided by the Government. The -_Migueletes_ were a semi-military force composed of picked youths of -courageous conduct, wearing uniform and armed with a short gun, with -a sword, a single pistol and carrying a cord by which to secure their -prisoners. The _Migueletes_ took their name from one Miguel de Pratz, -who had been a lieutenant of Caesar Borgia. They were often recruited -from the robbers who were offered service as a condition of pardon when -captured, and afterwards behaved admirably. No one with an escort of -ten or twelve _Migueletes_ need fear attack. - -The mail coach was sometimes attacked, and on one occasion was stopped -at Almuwadiel outside Madrid. It carried several passengers, among -others an Englishman, a German artist and a Spaniard. At the first -appearance of the brigands, the guard threw himself on the ground with -his face in the mud and the postillions did the same. When summoned -to deliver up their possessions, the Englishman gave up his well -filled purse and was warmly thanked; the German artist would have been -ill-treated as a punishment for his empty pockets, but was spared -when his poverty was explained; the Spaniard was caught attempting to -conceal his valuables in the carriage lining and narrowly escaped a -beating. The coach was at last permitted to proceed and at parting the -leader of the band shook hands with the Englishman and said he was a -real gentleman, the German was ignored and the Spaniard was sharply -taken to task for his attempted "fraud." - -To this period (1825-35) belongs the famous brigand, José Maria, the -Spanish Fra Diavolo, whose name is still remembered in the "Serrania" -or mountain country of Ronda and throughout Southern Andalusia, for his -daring robberies and continual defiance of the authorities. A "pass" or -safe conduct granted by him was a better protection than any official -escort. So great was his power that he was known by the proud title -of "El Señor del Campo" (the lord of the country), and he ruled more -absolutely in Andalusia than King Ferdinand in Spain. Travellers paid -him a head tax, blackmail was levied on all public conveyances and, as -has been said, he issued passports at a price to all who chose to pay -for his protection. Strong bodies of troops were sent against him, but -he managed always to elude or oppose them successfully. - -José Maria started in life as a small cultivator in a village near -Antequera, but, unable to earn a decent living, he took to the more -profitable business of smuggling, a profession greatly honoured and -esteemed in Spain. In one of his operations he was drawn into an affray -with the soldiers and unfortunately shot and killed one of them. He at -once fled to the mountains, where he was soon surrounded by other no -less reckless companions, all of them outlaws like himself, and became -the chief and centre of the band which soon spread terror throughout -Southern Spain. His headquarters were in the rugged and lofty mountain -district of Ronda near the little town of Grazalema, but he was -ubiquitous in his rapid movements and traversed the whole of Andalusia. -A story is preserved of an English nobleman who travelled to Spain -for the express purpose of making his acquaintance but long sought -him in vain in his favourite haunts and much disappointed retraced -his steps to Madrid. But on the road between Carmona and Ecija[23] he -had the questionable good fortune to meet José Maria in person, who -thanked him courteously for the compliment he had paid him in seeking -an interview, in return for which he proceeded to relieve his lordship -of his valuables and his baggage so that he might continue his journey -without encumbrance. He had many ways of levying contributions. One was -to send a messenger to some landed proprietor, demanding a large sum of -money, and declaring that if it was not paid he would swoop down to lay -waste his lands and burn his house over his head. Another plan was to -take post with his gang, all of them well mounted and fully armed, on -the highroad just outside some populous city, and "hold up" every one -who passed in or out, seizing all ready money and carrying off to some -secret fastness all persons known to possess means. - -[23] This town of Ecija is renowned in the history of Spanish -brigandage as the home of the "Seven Sons of Ecija," a very daring -and dangerous band whose achievements have been told by the Spanish -novelist, Fernandez y Gonzalez. - -English officers, part of the garrison of the Rock of Gibraltar, did -not escape the exactions of José Maria. Once a shooting party in the -woods near Gibraltar was suddenly attacked and captured, but after -the first surprise they showed fight and a brigand was wounded. The -lives of all of them were in danger but were saved on the persuasion -of José Maria that they would be more valuable as prisoners for whom a -large ransom would be obtained than as corpses. One of the party was -accordingly sent to the Rock to procure the money while the rest were -detained as hostages for his return at a certain hour the next day. -The messenger was warned that if a rescue was attempted, the whole of -the prisoners would be instantly massacred. He reached the Rock after -gunfire, but the gates were presently especially opened to admit him, -the money was collected, not without difficulty, and was conveyed to -the brigands in sufficient time to secure the release of the captives. -For some time later English officers were forbidden to go into Spain -except in sufficient numbers to set the brigands at defiance. In quite -recent years (1871) two gentlemen, natives of the Rock, were carried -off and detained until a large ransom was paid. - -José Maria dominated the country for nearly ten years. The secret of -his long continued impunity may be traced to the fact that many of -the local authorities, influenced either by fear or interest, were in -collusion with him, and that the peasantry all wished him success; -for, as he never oppressed them, but assisted and protected their -smuggling transactions in which they are nearly all, in one way or -other, engaged by opposing the regular troops, he was greatly beloved -and venerated. He was in fact regarded as a hero; for such a life, wild -and adventurous, where there is plenty of plunder and no laborious -duty, has wondrous charms in the eyes of the lower Andalusians, by -whom the laws of _meum_ and _tuum_ have never been well understood. -How long José might have continued in power it is impossible to say, -but like some other great personages he chose to abdicate. In 1833, he -made his own terms with the Queen's government, agreeing to break up -his band on condition of receiving an _indulto_, or pardon for all past -offences, and a salaried appointment as an officer of Migueletes, or -"police." He did not long exercise this honest calling, for soon after, -when attempting to secure some of his former comrades who had taken -refuge in a farmhouse, he was shot dead as he burst open the door. - -With all his bad qualities, José had some of a redeeming character. -Among these were his kindness to his female prisoners, his generosity -to the poor, and his forbearance, for he frequently restrained his -troop from acts of violence, and displayed on occasions a certain -chivalrous nobility of character, hardly to be expected from a robber. -In person he was very small, scarcely more than five feet in height, -with bowed legs; but he was stout, strong and active and made amends -in boldness, determination and talent for his physical deficiencies. -His success and the long continued control which he exercised over the -lawless fellows who composed his band proved that he possessed the -difficult art of command. His courage indeed was proverbial. As an -instance of it, it is reported that he once ventured into the presence -of the Prime Minister at Madrid and dared to beard him in his own house. - -Brigandage has not wholly disappeared in Spain although it no longer -exists on the grand scale of former days when the mountain passes -and lesser highways were infested by robber bands led by daring -and unscrupulous chiefs who stopped travellers, blackmailed landed -proprietors and carried off country folk whom they held to ransom often -for considerable sums. To-day, if the knights of the road are still to -be met with occasionally, they are for the most part paltry pilferers -bent on stealing small sums from the poorer folk returning from market, -or in rare cases holding up some solitary vehicle and its defenceless -passengers. These are of the type of the old fashioned _salteadores_ -or "jumpers," so named because they jumped out from behind a rock and -dropped suddenly on their prey with the old peremptory summons of -"_Boca abajo!_" "_Boca à tierra!_" "Faces down! Mouth to the ground!" -The cry may still be heard, and it means mischief when backed as of old -by the muzzle of a gun protruding from the bushes in some narrow pass -or defile. They are courageous too, these Spanish road agents, ready -to fight at need as well as to rob, to overbear resistance and to meet -the officers of the law with their own weapons. A story is told of one -daring ruffian, Rullo de Zancayro, who, in 1859, murdered the alcalde -of his village and was followed by two _guardias civiles_. At the end -of a long chase they went too near some brushwood, when one was shot -dead and the fugitive made good his escape. - -In the year 1870 brigandage was general throughout Spain, but the -heart and centre of it was the province of Andalusia, with branches -and ramifications everywhere, spreading dismay and apprehension -among all peaceable people. This was in the interregnum that followed -the revolution which drove Queen Isabella from the throne. There -was safety for no one. Respectable landowners dared not visit nor -reside upon their estates for fear of attack, dreading robbery with -violence or seizure of their persons, and they constantly received -threatening letters demanding the purchase of immunity on the payment -of considerable sums. The roads were more than ever insecure, trains -and diligences were repeatedly held up, and small parties of travellers -or solitary wayfarers were certain to be laid under contribution. It -was claimed that the _guardias civiles_, the fine rural police, were -no longer active but were diverted from their legitimate duties by -political party leaders in power. So many bitter complaints, so many -indignant demands for protection, reached the central government in -Madrid, that the authorities resolved to put down brigandage with a -strong hand. A new governor of Cordova was appointed, a man of vigour -and determination, armed with full powers to purge the province of its -desperadoes. - -The choice fell upon Don Julian de Zugasti y Saenz, who had been a -member of the Cortes and employed as civil administrator, first as -governor of Teruel, where he had restored order in a period of grave -disorder, and at Burgos, where he had laid bare a formidable conspiracy -against the government. When Zugasti undertook the task, it was high -time to adopt energetic measures. There was no security for life or -property as robberies on a large scale were perpetrated both in town -and country. Well-to-do citizens were seized in the public streets and -carried off to sequestration; farmers and cultivators were compelled to -share their produce, their harvests, and their herds with the brigands -who swooped down on them; the police were impotent or too much overawed -to interfere in the interest of honest folk. The prevailing anarchy -and widespread lawlessness were a disgrace to any country that called -itself civilised. Zugasti did a great work in restoring order and -giving security to the disturbed districts. The whole story is told -at some length in his book on "Bandolerismo,"[24] which deals with -brigandage in Spain from its very beginnings, describing the principal -feats of the banditti. - -[24] "Bandolerismo estudo social y memorias historicas," by Don Julian -de Zugasti. Madrid, 1876. - -At the outset he was faced with a most difficult situation. Crimes -in great number had been committed with impunity. Many of their -perpetrators were wholly hidden from the authorities, while others -were perfectly well known. A crowd of spies were ever on the watch and -ready, whether from greed or to curry favour, with abundant information -of openings that offered for attempts at crime. On the other hand the -_guardias civiles_ were greatly discouraged and far too weak in numbers -for the onerous duties they were expected to perform. Judges were -dishonest and had been known to accept bribes, the ordinary police were -torpid, nearly useless and generally despised. A complete reform in the -administration of justice was a crying need, as the power and authority -of the law were completely broken down. - -The new governor was helpless and handicapped on every side. His -representations to the government for support were but coldly -received and he had to rely on such scanty means as he had at hand. -He looked carefully into the character of all police employés and -dismissed all of doubtful reputation. He established a system of -supplying the _guardias civiles_ at all stations with photographs of -criminals at large whom they could identify and arrest, and insisted -on strictly revising the permits issued to carry arms, allowing none -but respectable persons to do so. The prohibition was extended to all -kinds of knives, many of them murderous weapons of the well known type. -The quarters of all evil doers he heard of were broken up, including -the farm which had come to be called Ceuta because it harboured a -mob of ex-convicts, escaped prisoners who were eager to resume their -depredations by joining themselves to the plans and projects of others. - -These active measures were bitterly resented and vigorously resisted by -all evil doers, who went so far as to seek the removal of the governor, -and it was falsely announced in more than one newspaper that he had -sent in his resignation. The disastrous consequence was the immediate -revival of brigandage in various forms. Horses and cattle were once -more stolen in the open country and a house in the town of Estado -was broken into and a large amount in cash and securities with much -valuable jewelry was seized. At the same time ten prisoners escaped -in a body from the gaol of that city. On the highroad between Posadas -and Villaviciosa, seven armed men robbed nineteen travellers, and a -party had the audacity to carry off a child of nine and hold him to -ransom. The police and well-disposed people were greatly disheartened, -the _guardias civiles_, which had done excellent service in capturing -more than a hundred prisoners in a short time, slackened in their -endeavours, while the municipal police, which had forty captures to -its credit, also held their hand. The whole situation was greatly -aggravated and crime gained the ascendancy. But Zugasti rose to the -occasion, publicly denied the report of his resignation; the government -published a complimentary decree commending his conduct, and his -pursuit of wrong doers was continued with renewed energy. Naturally he -incurred the bitterest hostility and went constantly in danger of his -life. He received anonymous letters containing the most bloodthirsty -threats and was warned by his friends that they could not possibly -support or protect him. Undeterred he held his way, bravely and wisely -organised an association akin to the "Regulators" of the wild days -in the Western States of the United States to patrol the country and -insure the general safety, and employed a large force of secret police -agents to perambulate the country, keeping close watch upon suspicious -persons, travelling by all trains, patrolling all roads, visiting -taverns in low quarters, entering the prisons in disguise and gaining -the confidence of the fellow prisoners. Zugasti himself spent long -periods in the various gaols, observing, investigating and interviewing -notable offenders. - -The thoroughness of his proceedings might be gathered from the choice -he made of his agents. One of the most useful was an idiot boy, whose -weak-mindedness was relieved by some glimmerings of sense and who -passed entirely unsuspected by those upon whom he spied. His foolish -talk and silly ways gained him ready admission into cafés and clubs, -where he was laughed at and treated as a butt upon whom food, drink -and unlimited cigars were generously bestowed. He had the gift of -remaining wide awake while seeming to be sound asleep, his ears ever on -the stretch to pick up compromising facts which were openly mentioned -before him. He had also a prodigious memory and seldom forgot what he -heard, storing up everything to be produced later when he attended -upon the governor. In this way Zugasti often heard of crimes almost -as soon as they were planned, and could hunt up their perpetrators -without delay. On one occasion a mysterious crime was unravelled by -placing the idiot in the same cell with two of the suspected actors, -who entirely believed in the imbecility of their cell companion and -unguardedly revealed the true inwardness of the whole affair. - -The _ladron en grande_, the "robber chief" at the head of a numerous -band, is still to be met with, although rarely representing the type -of the famous José Maria. These leaders rose to the command of their -lawless fellows by force of superior will, and they were unhesitatingly -obeyed and followed with reckless devotion in the constant commission -of crime. One or two noted specimens have survived till to-day and some -account of them may be extracted from recent records. - -Vizco el Borje was long a terror to the peaceable people in northern -Andalusia. He was originally an officer of _carabineros_, the "custom -house" regiment of Spain, but had been, in his own judgment, unjustly -dismissed and found himself deprived of the means of subsistence. -Falling lower and lower, step by step he became an outcast, an -Ishmaelite consumed with an intense hatred of all social arrangements, -with his hand against every man. He began business as a smuggler and -soon took to worse, following the Spanish proverb:-- - - "De contrabandista e ladron - No haymas que un escalon." - -"There is only one short step from smuggler to thief," and Vizco -quickly crossed the narrow space and became a notorious criminal. He -carried on the war against law and order with constantly increasing -recklessness and more and more daring outrages. His strong personal -character, his iron will, his unbounded courage and boldness gave -him a great ascendancy over the men who collected around him and who -served him with the greatest loyalty and unstinting effort. One of his -exploits may be quoted at some length as exhibiting his methods and the -success that generally attended them. - -A certain landowner, Don Pedro de M----, whose estates were in the -neighbourhood of the mountain village of Zahrita, was in the habit of -providing bulls free of charge for the amusement of the villagers, at -the annual festival of their patron saint. Amateur bull fighters are -always to be found to take part in the performance of a _novillos_, -or game with young bulls. Don Pedro like many of his class was also -an _aficionado_, an amateur devoted to bull fighting, and he loved to -pick out himself the animals he gave from his herds, trying first their -temper and their aptitude for the so-called sport of _tauromaquia_. -He was thus engaged, assisted by his steward and a herdsman, and had -dismounted with the steward to walk round the herd, when the ominous -cry was raised, "_Boca abajo!_" and they found themselves covered -by the rifles of three brigands who had crept upon them unobserved. -Resistance was hopeless, though they also were armed, for their guns -hung at the saddles of their horses, which they led at the full length -of their reins, and to have made any hostile move would have drawn -down a murderous fire. The chance soon passed, for one of the robbers -quickly took possession of both horses and guns. The seizure was -complete and the captors proceeded to carry off their prize. - -All remounted by order of the chief of the band, who took the lead, -and the party started in single file along the narrow mountain path, -an armed escort bringing up the rear. They made straight for the -upper sierra, avoiding the frequented track until they reached a -dense thicket, where a halt was called and a scout sent on ahead. -After an interchange of whistled signals, nine other horsemen rode -up, the two prisoners were ordered to dismount, their eyes closely -bandaged, and they were warned that their lives depended upon their -implicit obedience to the orders they received. Then the march was -resumed. The road led constantly upward, becoming more and more rugged -and precipitous till from the utter absence of brushwood and the -stumbling of their horses they knew that they were climbing through -a mountainous region. Another halt was called, all again dismounted, -and the prisoners were led on foot along a narrow passage, that from -the echoing sounds and the closeness of the air evidently penetrated -far into the hill. It opened presently into an extensive cavern, -probably the long-abandoned workings of some ancient Roman mine. -Here their bandages were removed and Don Pedro saw that he was in the -presence of the three bandits who had first made him prisoner. The cave -contained nothing but a few empty boxes, on one of which was a light, -a flickering wick in a saucerful of oil. Another box was offered Don -Pedro as a seat, writing materials were produced and he was desired to -write from dictation as follows:-- - - "DEAR FATHER, I am in the power of the 'Sequestradores,' who make good - plans and bind fast. It is madness to put the government on their - track--they will escape and you will lose your son. Your secrecy and - your money can at once free me. You can send the silver by Diego our - steward, who is the bearer of this. Let him appear on the mountain - between Grazalema and El Bosque, riding a white donkey and bringing - ten thousand dollars." - -Here the prisoner stopped short and point blank refused to demand so -large a sum, declaring that to pay it his brothers would be robbed of -their patrimony and that he had no right to ask even when his life was -at stake for more than his individual share as one member of a large -family. It was a fair argument and he held out so staunchly that the -brigand was pleased to reduce the demand to six thousand dollars. The -letter conveying these terms was then completed, signed and delivered -to Diego, who was told to make the best of his way to Xeres, and as -dawn had now broken he had no difficulty in finding the road. - -Don Pedro was hospitably entertained. A wine skin (_borracha_) was -broached and a plentiful supper laid out. The day was spent in sleep, -but at nightfall the march was resumed. The prisoner was once more -blindfolded, the weary pilgrimage, halting by day, travelling by -night for three nights in succession, was resumed. On one occasion he -seemed near rescue. A cry of "Civiles! Civiles!" was raised, an alarm -of the near approach of the much dreaded _guardias civiles_. Orders -were promptly issued to prepare for action. The brigands closed their -ranks, sent their prisoner to the rear and took post to open fire. In -the confusion Don Pedro, keenly alert for the deliverance that seemed -so near, managed to lift the bandage over his eyes sufficiently to -peep around. The party stood on a narrow ledge of the mountain side, -straight cliff above, sheer drop below: movement forward or back was -alone feasible. Meanwhile the increasing clatter of hoofs betrayed -the enemy's approach, nearer and nearer, and the brigands barring the -narrow road hoped to take them at a disadvantage and, after shooting -them down, make good their retreat. But the sight of the first horse -showed that it had been a false alarm. These were not "_Civiles_" but -"_Contrabandistas_," smugglers not policemen, friends not foes. A long -train of animals, heavily laden with goods that had paid no duty, were -being guided across the mountains. Don Pedro's hopes were crushed -out of him when he heard the interchange of friendly greetings: "_Muy -buenas noches!_" on one side and "_Vayan ustedes con Dios_," on the -other; "Good night!" and "Go in God's keeping," and room was made by -the robbers for the safe passage of the smuggling train. - -On the third day news came that the authorities were on the alert and -it would be unsafe to meet the messenger returning on his white donkey. -Another tryst was therefore appointed. Don Pedro's father was desired -to send half the whole sum demanded to Grazalema and the other half was -carried by a man on the white donkey to a lonely spot among the hills. -The father started in person on the long ride from Xeres to Grazalema -weighted with three thousand dollars in cash, reached his destination -safely but remained there for a couple of days tortured with suspense. -On the third morning he was approached by a man leading a pony laden -with rolls of the rough brown cloth manufactured in Grazalema, who -said under his breath as he passed, "Follow me." The peddler led the -way to a small draper's shop where the same cloth was exposed for sale -and, dismounting, passed into the back premises, where another man, -also a peddler, was seated waiting. This was Vizco el Borje himself, -who at once asked for the money, producing Don Pedro's pencil case -as his credentials. The dollars had been sewn for security into the -pack saddle of the pony which had brought the old man, and they were -extracted, counted and handed over. Vizco forthwith climbed on top of -the pile of cloth carried by his own mount and rode boldly out of the -town. - -Meanwhile Diego, the steward on the white donkey, with the remaining -three thousand dollars patiently hung about the mountain lair to -which he had been directed, and at last encountered a goatherd at the -entrance of the village, who told him to ride on till he met a woman -dressed in black seated by the side of a well. "She will ask you the -time, and you will answer twelve o'clock, at which she will guide you -to the spot where you are expected." It was a cavern in the hill and he -was met there by his young master Don Pedro safe and sound. The money -was handed over, but no release was permitted until news came of the -delivery of the other half, when the prisoners were guided to a path -familiar to them and they were free to return home. Next evening they -rode into Xeres after a captivity of fifteen days. - -The end of Vizco el Borje was such as might be expected. He was shot -down by the _guardias civiles_. For a long time he carried his life -in his hands and had many hairbreadth escapes, saved always by his -fine pluck and resourcefulness. At last the authorities had positive -information of his whereabouts, gained through treachery, and he was -surrendered. He made a gallant defence, but his retreat was cut off -and he was soon overpowered. When he fell his body had been pierced by -five rifle bullets. - -Another type of brigand was Agua Dulce, who worked on a much smaller -scale, but was long a terror in the neighbourhood of Xeres. He was -a mean, contemptible ruffian who preyed upon charcoal burners, poor -travellers, carriers and workmen returning home with their hard earned -wages. He had one narrow escape. After securing an unusually large sum, -the equivalent of £600, all in small coins, he was caught dividing -these with two accomplices in a wine shop. His arrest and imprisonment -followed. When called upon to account for his possession of the gold, -Agua Dulce explained that he had got it in the course of a business -transaction in Seville and was removed to that city for trial, where he -was acquitted, although little doubt was entertained of his guilt. - -For years he continued his depredations, committing for the most part -small thefts and petty larcenies. Now and again he made bold coups, as -when, under threat of damaging a herd of valuable mares, he extorted -three thousand dollars from a lady who raised horses. He levied a -thousand dollars on another landowner by using the same menace and a -third gentleman, who had stoutly refused to be blackmailed and who -owned a large drove of donkeys, found them all with their throats cut -lying by the high road. When his misdeeds became too numerous to be -borne the municipal guard of Gorez swore to put an end to him. A hot -pursuit was organised and he was found at a ford near a wood belonging -to the Duke of San Lorenzo, where he was caught hiding among the trees. -Two guards opened fire, which was returned, with the result that one -guard was killed and one robber. Agua Dulce, who was still alive, got -into the covert, and shots were again and again exchanged, ending in -the destruction of the brigand. - -A later affair with brigands occurred at Gibraltar in 1870, when two -gentlemen, natives of the Rock, much given to hunting and taking long -rides in the neighbourhood, were waylaid and made prisoners. They were -carried off to a lonely house in the hills near Ronda and detained -for ransom, which was advanced by the British government through the -governor of the fortress of Gibraltar, and eventually repaid by the -Spanish authorities. After the money had been paid over the _guardias -civiles_ intercepted the robbers and shot them down. - - - - -CHAPTER X - -A BRIGHT PAGE IN PRISON HISTORY - - Wonderful results achieved by Colonel Montesinos in the presidio - at Valencia--Montesinos repairs and reconstructs the prison with - convict labour--His system of treatment--Period--Marvellous success - in reforming criminals--Convicts entrusted with confidential - despatches in civil war--Armed to resist attack on the prison - by insurgents--Employed to hunt down brigands--Movement towards - prison reform in 1844--Three new model prisons planned for - Madrid--Executions--The "garrote"--Account of the trial and execution - of José de Rojas--The condemned cell at the Saladero--An Englishman's - description of a Spanish execution. - - -The reader who has followed this detailed description of Spanish penal -methods has realised the hideous shortcomings of Spanish prisons, the -horrible practices so constantly prevailing within the walls, the -apparently incurable nature of the criminals who regularly fill them, -and he might reasonably doubt that definite and substantial amendment -was possible. Yet the contrary is true and to the most marked and -astonishing degree if we are to believe the facts on record. In one -instance the personal character of one man, backed by his unshaken -determination and the exercise of a resolute and inflexible will, -brought a large mass of convicts into an admirable condition of -self-control and good behaviour. The story reads like a fairy tale, -as set forth in contemporary chronicles. One of the most interesting -accounts is to be found in a book of travels entitled "Spain as It -Is," by a Mr. Hoskins, in which he gives his personal observations -of the results achieved in the prison at Valencia by the enlightened -administration of its Governor, Colonel Montesinos. A brief account of -the man himself should precede our appreciation of his work. - -Montesinos was a soldier, trained to arms, whose education and -experience were entirely military. He had no previous acquaintance -with or insight into prison systems, although he had travelled far -and wide in many countries. He had never visited or inspected their -penal establishments nor had he penetrated into any single prison in -his native Spain. He served in the Spanish army, beginning as a cadet -at fourteen, was actively engaged in the war of Independence, and was -carried off as a prisoner into France. When set free at the conclusion -of peace, he accepted a post in the secretariat of the War Office at -Madrid, where he remained for five years. Then came the political -troubles which ended in the fall of the constitutional government -in 1823 and the surrender of Cadiz. With many other soldiers and -citizens, he left Spain and wandered through Europe and America, with -no very definite idea of examining into the laws and customs of other -countries, but gaining knowledge and breadth of views. On his return -to Spain when close on forty years of age he was appointed governor of -the convict prison in Valencia. - -Montesinos entered upon his duties with a firm conviction of the -paramount importance of military discipline, of that passive and -unquestioning obedience to authority, the absolute surrender of -individual volition, the complete subjection of the many to the single -will of one superior master, which he believed to be the essence of all -personal government and more particularly in a prison. To enforce such -discipline was the only effectual method of securing good order and -the due subordination of the rough and possibly recalcitrant elements -under his command. In this he entirely succeeded and established an -extraordinary influence over his charges. He became an autocrat but -in the best sense; his prisoners resigned themselves submissively and -unhesitatingly to his control, anxious to gain his good will by their -exemplary demeanour and their unvarying desire to behave well. What -he actually made of his charges, how he succeeded in changing their -very natures, in transforming lawbreakers and evil doers into honest, -trustworthy persons, successfully restraining their evil instincts, -will be best realised by a few strange facts which, if not positively -vouched for, would be considered beyond belief. But before relating -these marvellous results it will be well to describe in some detail the -processes adopted by him and the principles on which he acted. - -When Colonel Montesinos was appointed governor of the Valencian convent -prison, it was located in an ancient mediæval edifice known as the -"_Torres de Cuarte_," two towers flanking the great gate which gave -upon the suburb known as "_El Cuarte_." This semi-ruinous building, -dating from the fifteenth century, lodged about a thousand prisoners, -herded together in a number of dark, dirty, ill-kept and insecure -chambers, wholly unfit for human habitation. They were on several -floors communicating by narrow passages and tortuous staircases, below -which were deep underground cellars divided up into obscure foul -dungeons, which were always humid from the infiltration from the city -ditch and into which neither sunlight nor fresh air came to dry up the -damp pavement and the streaming walls. Montesinos saw at once that it -would be impossible to introduce reforms in such a building and he -laboured hard to move into better quarters, securing at length, after -a long correspondence, new quarters in the monastery of St. Augustine, -which indeed was but little better. Here also the buildings had fallen -into disrepair. A large part was without roof, there was little -flooring, and many broken windows and decayed walls offered numerous -facilities for escape. Extensive repairs were indispensable, yet funds -were wanting, for the Spanish government was sorely taxed to meet the -expenses of the civil war (Carlist) now in full swing. Nevertheless -Montesinos, strenuous and indefatigable, a host in himself, transferred -his people, a thousand convicts of dangerous character, into their new -abode and set them to work to repair and reconstruct the old building. -He meant to succeed, by drawing upon his own limitless energies, -creating means from his own native resources, and was backed by the -ready response of those he brought under the dominion of an indomitable -will. - -All difficulties yielded before his intense spirit. He was the very -incarnation of activity and it was enough to look at him to be -spurred on to assiduous effort. His personal traits and their effect -upon his surroundings are thus described by his biographer, Vincente -Boix,--"There can be no doubt that his martial air, his tall figure -and the look in his face, a mixture of imperious command with great -kindliness and shrewd appreciation of willing effort, had a marked -effect upon his people, and convicts who had been once coerced and -driven by the fear of punishment yielded much more readily to his -moral force. His obvious determination and strength of character got -more out of them than threats or penalties, although, if needs were, -he was ready enough to appeal to the strong arm. They acknowledged -his superiority, and rough undisciplined men, quite capable of rising -against authority when unchecked or weakly held, succumbed to his -lightest word like children to their father. They yielded even against -the grain absolute compliance to his lightest wish without needing a -sharp look or a cross word." - -It will be interesting to follow Montesinos' procedure. Under his -system the treatment was progressive and divided into three periods; -first, that of chains; second, that of labour; and third, that of -conditional liberation. This arrangement is in some respects akin to -that generally known as the "Irish" system as practised many years ago -with conspicuous success. - -(1) The wearing of irons at that time was general in Spain, although -now the practice has fallen into disuse. With Montesinos the rule was -to impose irons of varying weight graduated to the length of sentence. -A two years' man carried them of four pounds' weight; a four years' -man of six pounds, while between six and eight years they were of -eight pounds. They consisted of a single chain fastened to a fetter on -the right ankle, while the other end was attached to a waist belt, a -method supposed to cause no great inconvenience. With Montesinos the -period of wearing them was of short duration. It terminated on the -day that the convict petitioned for regular employment, for on first -reception, after having entered the first courtyard, which was kept -bright with garden flowers and the songs of many birds in cages hanging -around, the new arrival was given no work. He remained at the depot -idle and silent, for no conversation was permitted, although he was -associated with others, and if he put a question to a neighbour he -got no reply. Weariness and boredom soon supervened in this period of -first probation and the convict was keen to pass on. He appealed to his -officer, who told him to seek employment at some trade. "I know none." -"Then learn one, you cannot get quit of your irons in any other way." -If the convict hesitated he was left studiously to himself, unhappy -and ashamed, for his condition was deemed disgraceful. He could not -hold his head up, for a wide gulf separated him from others who had -escaped the chain. He was a marked man, shunned and sneered at, and was -required to work from the second day at ignominious and humiliating -labour, such as sweeping, cleaning, and so forth. They were the helots -and scavengers of the prison. Their lot was the more unbearable because -they were debarred from many privileges conferred on those who were -at regular labour, and who were earning wages to spend in part upon -themselves. These regular labourers might buy toothsome food and -cigars, the delight of every Spaniard's heart. Meanwhile the governor -had been watching him closely, noting his disposition and whether -or not he was desirous of taking up work which was so much to his -advantage and of which he would be speedily deprived unless he applied -himself to it with zeal and unflagging industry. - -(2) A wide choice of labour obtained in Valencia. Trades and -handicrafts were varied and numerous. Carpenters, turners, saddlers, -shoemakers, fanmakers, workers with esparto grass, weavers of -palm straw hats, silk spinners, tailors, basket makers, were all -represented, and the total was some forty trades, with seven hundred -artisans. To-day there would be nothing remarkable in this industrial -activity, which may be seen in well governed prisons, but in Valencia -at that date (1835-40) it was a novelty due very largely to Montesinos' -initiative, and he could boast that out of three thousand convicts, -barely a fourth left prison without having acquired some smattering -of a trade. Stress must not be laid upon the exact amount of skill -possessed by these prison taught artisans, and it is to be feared -that it was no more thorough than in these latter days of ours, when -the same principles as those of Montesinos have actuated prison -administration. This is the crux of the system of prison instruction. -It cannot be expected to turn out workmen sufficiently well trained and -expert to go out into the open labour market, so generally overcrowded, -and compete for wages against the free labourer who has had the benefit -of full apprenticeship. Adults cannot easily acquire knowledge and -dexterity in the use of tools, and inevitable waste of materials -accompanies the experiments made by unskilled hands. We have no record -of how far these drawbacks affected Montesinos' well-meant practice. - -(3) We have no facts to show how far the third period, that of -conditional liberation, was successful at Valencia. There is no -possibility of knowing definitely whether it was really tried or -went beyond the enunciation of the theory so long in advance of our -modern practice. It is little likely, however, that the effective -and elaborate method of police supervision on which it is absolutely -dependent was in existence or even understood in Spain in the days of -Montesinos. - -No permanent results seemed to have been achieved by the Montesinos -system. There is no record that it survived the man who created it -or that the government sought to extend the admirable principles -on which it rested. It was essentially a one man system, depending -entirely for success on the personal qualities of the individual -called upon to carry it out. Montesinos was not, however, singular in -his remarkable achievement. The German Obermaier did much the same -in the prison of Kaiserslautern, and Captain Maconochie in Norfolk -Island exercised a notable mastery over the Australian convicts. The -effects produced by Montesinos were little less than phenomenal. He so -developed the probity of his convicts that he could rely implicitly -upon their honesty and good faith. During the civil war he sent them -with confidential despatches to commanders in the field and never had -cause to regret the trust placed in them. They were sent out as scouts -seeking information of the enemy's movements and brought in news with -punctuality and despatch. A message was brought one day to the governor -directing him to send a clerk to fetch a thousand dollars from the -provincial Treasury. Montesinos forthwith summoned one of his convicts -and despatched him, carrying with him the receipt for the money. Within -half an hour the man returned with the dollars. Whenever a convict -escaped from the presidio, a rare occurrence indeed, other convicts -were despatched in pursuit and seldom failed to bring in the fugitive. - -At one time the Spanish government decided to build a new prison in -the capital and to employ convict labour in the construction. The -Governor of the presidio of Valencia was ordered to send up a number -of prisoners, and next day at daylight they marched, taking with -them a quantity of material, the whole escorted by a small body of -_cabos_, "prisoner warders," and commanded by a veteran overseer. The -journey was safely made to Madrid without the smallest mishap, not a -sign or symptom of misbehaviour shown on the road, and the alcaldes -of the towns on the route, after anticipating the worst evils, were -agreeably surprised and were satisfied to lodge the travellers at -night in private houses if there was no prison accommodation. A second -experiment of the kind was made in the same year. - -On a previous occasion Valencia was threatened by a strong force of -Carlists under that distinguished Carlist general, Cabrera, and it was -feared that he would capture a large body of convicts at that time -employed on a new road, Las Cabrillas, a little distance from the city. -There were hardly any troops in the capital except the city militia -only recently organised and barely equal to the duties and dangers -imposed upon them. Great fears were entertained that Cabrera would -seize the convicts and incorporate with his own force. Montesinos was -desired to prevent this, and he turned up in person one evening at Las -Cabrillas, where he assumed command and drew off the greater number, -happily escaping without attack or interference by the enemy. So loyal -was the demeanour of the Valencian prisoners that under the direction -of Montesinos at another time they were armed and resisted an attack -made upon the gates of their convent prison by the insurgents in a -rising in Valencia. The following extraordinary story is related in an -official publication by the well known poet Don Ramon de Campoamor, -at that time governor of the province of Valencia. A formidable band -of brigands was devastating the neighbourhood of Valencia and a reign -of terror prevailed. The governor sent for Colonel Montesinos and -inquired whether there were any old brigands among the convicts in -custody and who were willing to atone for past misdeeds by coming to -the assistance of the authorities. Montesinos, who made it a rule to -know all his prisoners by heart, their present dispositions, and indeed -their inmost thoughts, spoke confidently of one as quite a reformed -character, and at the governor's request entrusted him with the special -mission of clearing out the country. The convict, after receiving -his instructions, went out with a sufficient escort, hunted down the -brigands, broke up their bands, killing or capturing the whole. Here -the commanding influence of Montesinos was paramount even beyond the -walls of the presidio. By the power of his strong will he called out -fine qualities and exacted loyal service from the worst materials whom -he had won to a high sense of discipline. - -A minor and more sentimental instance is recorded of the confidence -he could repose in his reformed criminals. The mother of one of the -convicts was at the point of death. The man was summoned to the -governor's office and informed of her desperate condition. "Do you wish -to see her in her last moments?" asked the governor. "Can I trust you -to return if I give you permission to leave the prison for a time?" -The man much moved solemnly promised not to misuse his liberty. He was -allowed to exchange his prison uniform for a peasant's dress; he went -without escort to his mother's cottage, received her blessing, and went -back to durance as had been agreed. - -The experience of Valencia was unique and short-lived. A commendable -effort was made to extend the principles on which Montesinos had acted, -and decrees embodying them and recommending them for general adoption -were issued but soon became a dead letter. Excellent in theory, their -success depended entirely on the man to give them effect. A second -Montesinos did not appear and Spanish prisons continued to exhibit the -worst features down to the present day. - -A movement towards prison reform had been commenced as early as 1844, -when three new "model" prisons were planned for Madrid, but their -construction was long delayed. About the same date a model convict -prison was planned at Valladolid, but slow progress was made with -this and with other new prisons, including that of Saragossa, and -at the Casa de Galera of Alcalá de Henares. A penitentiary was also -projected on the island of Cabrera, opposite Cadiz. The chief effort -was concentrated on the model prison of Madrid, which was undertaken -in 1876 after much debate and discussion. It was to be an entirely -new building, to which were devoted all the funds that might have -been expended upon the impossible reform and repair of the hideous -old Saladero. Several years passed before the building began, and not -until 1884 did the tenants of the dismantled Saladero move into the new -prison. It is for the most part on the cellular or separate system, -by which each individual is held strictly apart from his fellows, -according to the most modern ideas, which have claimed to have exerted -a potent effect in the reformation of offenders and the diminution of -crime. Nevertheless the system is still in its trial and its beneficial -results are by no means universally conceded. The new prison is a very -distinct improvement on the old, and the former horrors and atrocities -are fast disappearing, but the secluded solitary life has its own -peculiar terrors which press hardly on transgressors, with results that -are very distinctly deterrent if not very largely reformatory. - -What those actually subjected to the treatment feel we may read in -their own effusions. The literary quality of prison writers does not -rank high but they sometimes put their views forcibly. One says of the -"model":--"If I leave this trying place alive I can at least declare -that I have been buried underground and had made the acquaintance of -the grave diggers." Another writer:--"If you wish to know what life is -like here, come and take your lodging inside. They are handsome, but -curious, well provided with means to drive you out of your mind. There -is a water tap which overflows in drought and runs dry in wet weather; -a pocket handkerchief and a towel; a plate, a basin and a wooden spoon, -a broom, a dust box, one blanket and a mattress with four straws that -gives you pain in every limb: many things more, but one alone much -needed is absent, a rope by which you commit suicide." - -It has been said that the worst use to which a man may be put is to -shut him up in a prison. A still more wasteful extravagance is to put -him out of the world. The penalties known to Spanish law have been -very various; there have been many forms of imprisonment, perpetual -imprisonment, greater or less detention, exile, the application of -fetters of several sorts, handcuffs, shackles, the _guarda amigo_ or -"holdfriend," the "persuader" or "come along with me"; the leg irons -and waist chains of varying weights. Penal labour was enforced in -_maniobras infimas_ by convicts chained together on public works, -fortifications, harbours and mines. All forms of secondary punishment -have been inflicted, winding up with capital, the death sentence -inflicting the extreme penalty of the law. This last irrevocable act -does not find favour with all Spanish legists, whose chief objection -is the familiar one that when a judicial error has been committed, -rectification is altogether impossible. Spain can add one to the many -well known cases such as those of Callas and Lesurques, and it may be -quoted here as it is probably little known. - -The case occurred in Seville and grew out of a sudden quarrel in a -tavern followed by a fight to the death with knives. The combatants -went on the ground and attacked each other in the regular fashion when -one dropped to the ground mortally wounded and the other with his -second ran away. The wounded man's second went up to see whether his -principal was dying or already dead, when he got up and declared that -he was entirely unhurt. He had slipped upon a stone and fallen with -the obviously cowardly desire to escape from his antagonist's attack. -The second was furiously angry and rated his man soundly. He retorted -fiercely and another quarrel and another encounter ensued, also with -knives, in which the first man again fell and this time was killed -outright, by his own second, who at once made off. The body lay where -it had fallen until next morning, when the police found it. The story -of the original quarrel but nothing of the second had become known, and -it was naturally concluded that death had been inflicted by the first -combatant. On the face of it the evidence was conclusive against him, -and he did not attempt to deny the facts as they appeared when arrested -and put upon his trial. At that time the law treated homicide in a duel -as murder and the victim suffered the extreme penalty without protest, -believing himself to be guilty. The truth was never known, until the -real offender, years after, confessed the part he had played, but too -late of course to prevent the judicial murder of the innocent man. -This case has naturally been added to give weight to the many powerful -arguments against capital punishment. - -The extreme penalty of the law is nowadays inflicted in Spain by the -_garrote_, a method of strangulation by the tightening of an iron -collar, the substitute for hanging introduced by King Ferdinand VII -(1820). Till then the hanging was carried out in the clumsiest and most -brutal manner. The culprits were dragged by the executioner up the -steps of a ladder leaning against the scaffold. At a certain height -he mounted on the victim's shoulders and thus seated flung himself off -with his victim underneath. As they swung to and fro the hangman's -fingers were busily engaged in choking the convict so as to complete -the strangulation. The _garrote_ is a very simple contrivance. The -condemned man sits on a stool or low seat, leaning his back against a -strong, firm upright post to which an iron collar is fixed. This, when -opened, encircles his neck, and is closed and tightened by a powerful -screw, worked by a lever from behind. Death is instantaneous. - -Public executions must prove very popular performances with a people -who still revel in a bull fight and flock to look at the hairbreadth -escapes of human beings from hardly undeserved death by the horns -of a fierce beast tortured into madness. De Foresta, an Italian -traveller,[25] tells us that never was a greater concourse seen in -Madrid than that which collected in 1877 to witness the execution of -two murderers, Mollo and Agullar, when it was estimated that 80,000 -people were present. Ford describes an execution in Seville in 1845 -when the crowd was enormous and composed largely of the lower orders, -of the humbler ranks, "who hold the conventions of society very cheap -and give loose rein to their morbid curiosity to behold scenes of -terror, which operates powerfully on the women, who seem irresistibly -impelled to witness sights the most repugnant to their nature and to -behold sufferings which they would most dread to undergo," and many of -whom "brought in their arms young children at the beginning of life -to witness its conclusion." "They desire to see how the criminal will -conduct himself, they sympathise with him if he displays coolness and -courage, and despise him on the least symptom of unmanliness." - -[25] La Spagna; Da Irun a Malaga, by Adolfo de Foresta, Bologna, 1879. - -Ford in his "Gatherings from Spain" gives a graphic account of the -execution of a highway robber, one of the band of the famous José -Maria already mentioned. The culprit, José de Rojas, was nicknamed -"Veneno," poison, from his venomous qualities and had made a desperate -resistance before he was finally overcome by the troops who captured -him. He fell wounded with a bullet in his leg, but killed the soldier -who ran forward to secure him. When in custody he turned traitor and -volunteered to betray his old associates and give such information as -would lead to their arrest if his own life was spared. The offer was -accepted and he was sent out with a sufficient force to seize them. -Such was the terror of his name that all surrendered, but not to him. -On this quibble the indemnity promised him was withdrawn, he was -brought to trial, condemned, and in due course executed on the Plaza -San Francisco, which adjoins the prison in Seville and is commonly used -for public executions. - -Ford was admitted within the walls and describes Veneno "_en -capilla_," a small room set apart as a condemned cell, the approach to -which was thronged with officers, portly Franciscan friars and "members -of a charitable brotherhood collecting alms from the visitors to be -expended in masses for the eternal repose of the soul of the criminal. -The levity of those assembled without, formed a heartless contrast with -the gloom and horror of the melancholy interior of the _capilla_. At -the head of the cell was placed a table with a crucifix, an image of -the Virgin and two wax tapers, near which stood a silent sentinel with -a drawn sword. Another soldier was stationed at the door with a fixed -bayonet. In a corner of this darkened compartment lay Veneno curled up -like a snake, with a striped coverlet drawn closely over his mouth, -leaving visible only a head of matted locks, and a glistening dark -eye rolling restlessly out of its deep socket. On being approached he -sprang up and seated himself on a stool. He was almost naked, but a -chaplet of beads hung across his exposed breast and contrasted with -the iron chains around his limbs.... The expression of his face though -low and vulgar was one which, once seen, was not easily forgotten. -His sallow complexion appeared more cadaverous in the uncertain light -and was heightened by a black unshorn beard, growing vigorously on a -half-dead countenance. He appeared to be reconciled to his fate and -repeated a few sentences, the teaching of the monks, as by rote. His -situation was probably more painful to the spectator than himself, an -indifference to death arising rather from an ignorance of its dreadful -import than from high moral courage." - -When Veneno came out to die he was clad in a coarse yellow baize gown, -the colour which in Spain denotes the crime of murder and appropriated -always to Judas Iscariot in Spanish paintings, the colour, too, of -the _sanbenito_ or penitential cloak worn by the victims of the -Inquisition at an _auto da fé_. He walked slowly, stopping often to -kiss the crucifix held to his lips by the attendant confessor, a monk -of the Franciscan order, whom it was the convict's privilege to choose -for himself to accompany him to the scaffold. He was met there by the -executioner, a young man dressed in black who proceeded to bind his -naked legs and arms so tightly that they swelled and turned black: -a necessary precaution, as this very executioner's father had been -killed when struggling with a convict unwilling to die. Veneno made -no resistance, but he spoke with supreme contempt of this degraded -functionary, saying, "_Mi delito me mata no ese hombre_" (My crime -kills me and not this creature). He uttered many pious ejaculations, -and his dying cry was, "Viva la Virgen Santisima." The last scene was -ghastly in the extreme. While the priest stood by, "a bloated corpulent -man more occupied in shading the sun from his face than in his ghostly -office," the robber sat with a writhing look of agony, grinding his -clenched teeth. The executioner took the lever of the screw in both -hands, gathered himself up for a strong muscular effort, drew the iron -collar tight while an attendant threw a black handkerchief over the -face. A convulsive pressure of the hands and a heaving of the chest -were the only visible signs of the passing of the convict's spirit. - -"After a pause of a few moments the executioner cautiously peeped under -the handkerchief and, after having given another turn of the screw, -lifted it off, carefully put it in his pocket and proceeded to light -a cigar. The face of the dead man was slightly convulsed, the mouth -open, the eye balls turned into their sockets from the wrench. A black -bier with two lanterns fixed on staves was now set down before the -scaffold. A small table and a dish into which alms were again collected -to be paid to the priests who sang masses for his soul was also brought -forward.... The body remained on the scaffold till after noon. It was -then thrown into a scavenger's cart and led by the _pregonero_ or -common crier beyond the jurisdiction of the city to a square platform -called the "mesa del Rey," the king's table, where it was to be -quartered and cut up. Here the carcass was hewed and hacked into pieces -by the bungling executioner and his assistants." - -The condemned cell at the Saladero was a part of the prison chapel in -which the Spanish convict spent the last twenty-four hours of life and -was a horrible and painfully gruesome hole. The _capilla_ is described -by de Foresta, who saw it when it was on the eve of abolition. It was -of narrow dimensions, damp, dark, windowless and lighted only with one -or two small candles burning upon the altar which occupied a large -space filling all one wall. In a corner cut off by a black iron railing -from the rest of the chapel was a small space fitted with a bed or -stone shelf with rings to which the convict's chains were fastened and -where he knelt close to the bars to converse with or confess to the -ministering priests. The chapel was dimly lighted by a hanging lamp and -one or two wax candles. Its walls and floor were damp and it received -light and air only through the door. This gruesome den rejoiced in the -name _el confortador_, or the "place of comfort." - -Another traveller gives the following graphic account of a Spanish -execution:-- - -"At seven we find ourselves in the crowd immediately beneath the prison -walls. Large bodies of troops are drawn up on either side of the -_plaza_ and there is a tolerably large concourse of male spectators -present. In a few minutes the mournful cortége appears upon the wall. -First comes the executioner, the Spanish Calcraft, a wiry looking -fellow, carrying a coil of rope; next comes a very stout padre armed -with a baton, and bawling out prayers at the top of his voice; he is -followed by the convict, who walks on in prison uniform, with his -neck bare and arms pinioned, clasping the cross in his hands and -looking literally in a blue fright; a couple more priests and two armed -sentries complete the group, who range themselves along the wall, the -criminal in the centre. The terrible scene is long protracted. The fat -padre roars out _Ave Marias_, exhortations and prayers, waving his -baton frantically in the air and making the miserable wretch repeat -after him. He then clasps him in his arms, and sitting down on chairs -opposite each other, they are covered with a large black pall held -by the supernumerary priests; under this they remain for some time -perfectly motionless, while the poor creature is unburdening his soul -and pouring forth his load of crimes into the ear of his confessor. - -"The nerves of the spectators are strained to an intense pitch during -the awful pause, as is evident from the oppressive silence which -prevails and the anxious looks directed at the scaffold. At length the -pall is removed and the executioner proceeds to business. The culprit -is made to sit against an upright post to which he is firmly lashed; -the _garrote_, a machine consisting of an iron collar worked back by -a powerful screw and a long lever, is carefully adjusted round his -neck, a small handkerchief thrown over his face and all is ready. The -priest recommences shouting while the executioner, preparing himself -for a mighty effort, suddenly turns the handle two or three times as -quick as lightning; the head of the victim drops, the knees and arms -quiver for a few seconds and all is over. Priests and sentries retire, -Calcraft peeps under the handkerchief and, whipping it off with a -jerk, immediately disappears, leaving the ghastly corpse exposed to -open view. It is a sickening and disgusting sight: the face is of a -livid hue, the tongue protruding, and shedding saliva on the breast; -the bystanders shudder, the troops march off with drums gaily beating -and the crowd slowly disperses. I make a rapid sketch of the body and -return to the hotel fully satisfied that, were it not for the cruel -state of suspense in which the criminal is kept before the execution, -the punishment of the _garrote_ is far more merciful and expeditious -than the less speedy death by hanging in this country." - -The profession of hangman does not entitle those who practise it to -the very highest honour, although in France in the case of the Sansons -it was an hereditary office in which son succeeded father for many -generations and the family took considerable pride in their functions. -In Spain the _verdugo_ is by no means a popular person. De Foresta, the -Italian traveller already quoted, tells us that in several towns he saw -a person of forbidding aspect who was walking about with a camp stool -under his arm and generally shunned. On enquiry he was informed that -this was the gentleman who administered the _garrote_. He was strictly -forbidden to take a seat at a café or in any place of public resort, -hence the camp stool on which he rested himself when tired. No one -recognised or addressed to him a single word. De Foresta's comment on -this is a story of the French executioner who, when called to Nice to -guillotine a criminal, was unable to find anywhere to lay his head. -He was turned away from every door, was refused a mouthful of food -and was obliged to dine on what he could find at the railway station -restaurant, and he spent the night in walking up and down the platform. -It may not be generally known that in England the executioner is -provided with board and lodging in the gaol where his victim is waiting -to be "finished." - - - * * * * * - - -Transcriber's Notes: - -Italic text is denoted by _underscores_. - -Superscript text is represented with carat and brackets (i.e. E=MC^{2} ) - -Minor punctuation and printer errors repaired. - - - - - -End of the Project Gutenberg EBook of The History and Romance of Crime; -Spanish Prisons, by Arthur Griffiths - -*** END OF THIS PROJECT GUTENBERG EBOOK THE HISTORY AND ROMANCE OF CRIME *** - -***** This file should be named 52114-8.txt or 52114-8.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/2/1/1/52114/ - -Produced by Chris Curnow, Christopher Wright, and the -Online Distributed Proofreading Team at http://www.pgdp.net -(This file was produced from images generously made -available by The Internet Archive) - - -Updated editions will replace the previous one--the old editions -will be renamed. - -Creating the works from public domain print editions means that no -one owns a United States copyright in these works, so the Foundation -(and you!) can copy and distribute it in the United States without -permission and without paying copyright royalties. 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