THE PENITENTIAL PRISON
In 1570 the Suprema resumed the attempt to bring about this much needed reform. It told the tribunals that they could rent houses until they should be able to purchase, and they must appoint proper persons as alcaides to keep watch over the penitents.[429]The result of this pressure was gradual. In 1577 the Cistercian convent of Santa Fe, in Saragossa, made formal complaint to the pope of the number of penitents quartered upon it, and Cardinal Savelli, the head of the Roman Inquisition, interposed with the Suprema to relieve it of this oppression.[430]It was not until 1598 that the Mexican tribunal, nearly thirty years after its foundation,built a capacious prison adjoining its own structure.[431]In 1600, for the first time, there is an allusion in the Toledo record to a “carcel de la peniténcia” and, in 1609, Valencia was busy in erecting one at a cost of 5110 libras; it had been planned to have three floors, but was economically reduced to two.[432]Whether all the tribunals yielded to the pressure and established penitential prisons it would be impossible to say, but they probably did so, if only in some perfunctory fashion that justified the appointment of an alcaide. Simultaneously with this there came a change in the name, and thecarcel perpetuawas known as thecasa de la peniténciaorde la misericórdia.
It does not follow that the establishment of prisons was attended with any increased strictness of discipline. The Inquisition persistently refused to accept the burden of supporting its prisoners and left them to shift for themselves. Where prisons existed there were few penitents in them, although condemnations to imprisonment were frequent and, in 1641, Philip IV conceived the idea of liberating them all. The Suprema sent his decree to the tribunals with orders to report whether they had any prisoners and what were their cases, to which Valencia replied that it had one, imprisoned for persistent sorcery, whereupon the Suprema ordered the sentence to be commuted and the prisoner to be discharged.[433]
The royal project fell through. All prisons were not as empty as that of Valencia and a discussion occurring, in 1654, at Granada, to which allusion has already been made, illustrates the character of the imprisonment rendered necessary by the refusal to support the prisoners. They gained their living chiefly by hawking goods around the city; this at length aroused the shopkeepers, and the corregidor represented to the tribunal that scandals were occasioned by their entering houses and committing indecencies; there was loss to the king for, as penitents, they were not subject to thealcavalaand other imposts; thus favored they undersold theshopkeepers, who had lost half of their trade, while the penitents grew rich, for they came almost naked from the secret prison and, in a short time, they were well clothed and enriched. The tribunal admitted the force of this and, on December 24, 1654, issued an order that, for two weeks, they might cry their wares through the streets, but not enter houses, and subsequently be restricted to selling in shops. At this the prisoners complained bitterly of the deprivation of a privilege of long standing in all places where there was a tribunal, for without it they could not earn a living or support their wives and families. Thereupon the fiscal, Doctor Joseph Francisco Cresco de Escobar, seeing that both sides would appeal to the Suprema, printed for its enlightenment a memorial which reveals to us the character of penitential imprisonment. He states that, in accordance with the Instructions of 1488, the tribunals had provided penitential prisons, the one at Granada being of ample capacity for the observance of the Instructions of 1561. He quotes the canons and conciliar decrees to show that recanting heretics are to be immured for life, whence he argues that the prison should be afflictive and penal. Now, however, it is only nominal; the so-called prisoners go out at all hours of the day, without restriction, without a companion, without labor save what they voluntarily undertake, all of which is liberty and not captivity. They wander at will through the city and suburbs, they amuse themselves at the houses of their friends, they spend, if they choose, only part of the night in the prison, which serves them as a comfortable lodging-house, free of rent. The Instructions require that the alcaide shall see that they perform their penance, but this has become impossible, and there are no means of restricting their intercourse with the faithful. As for their plea that they leave the secret prison broken in health and stripped of their property, that they have no chance to learn trades and must support their families by trading, the answer is that only through the mercy of the Holy Office do they escape burning, and they should be thankful that their lives are spared; their poverty is a trifling penalty for their crimes, and their children only share the punishment of paternal heresy.[434]
THE PENITENTIAL PRISON
With all this laxity, there was a pretence of maintaining the old rigor, which regarded prison-breaking as relapse, but the real offence lay in the fugitive throwing off the sanbenito. There seemsto have been little desire to recapture those who absented themselves, for the formula of the mandate to search for and arrest fugitives only concerns itself with those who escape from the secret prison and who thus are still on trial,[435]but when from any cause penitents were returned to the tribunal, their treatment is exemplified in the case of Juan González, who escaped from thecasa de la peniténciaof Valladolid, July 3, 1645. His story was that, having gone out to collect some money due to him, he gambled it away, got drunk, went to sleep under the walls of the Carmelite convent in the suburbs and, on awaking next morning and fearing punishment, he wandered away, throwing off the sanbenito and seeking work. Thus he reached Irun and designed passing into France, but was recognized by a priest who had seen him in Valladolid; he was handed over to the commissioner and was passed from familiar to familiar till he was lodged in the secret prison of Valladolid. The fiscal claimed that his flight and throwing off the sanbenito proved him to be an impenitent and pertinacious relapsed into Judaism who must be relaxed; but his sentence was only two hundred lashes and irremissible prison.[436]
Sentences to imprisonment continued as usual, but growing indifference as to providing for their execution is indicated by a correspondence between Barcelona and the Suprema in 1718. At that time the tribunal had but four cases under trial; it still occupied the ancient royal palace but, after it had condemned for Judaism María Meneses to irremissible, and her daughter Catalina de Solis, to perpetual prison, it did not know what to do with them and applied for instructions. There was, it said, no penitential prison nor could it find that there ever had been one, neither was there an alcaide; it possessed no house that could be used for the purpose, and no official could be spared from his other duties. The Suprema replied by inquiring whether there was a prison for familiars in which a room could be used for the women, or whether some little house near the palace could be had and some official or familiar could serve as alcaide. The tribunal rejoined negativing the proposed use of the prison for familiars; it would see whether a house could be had, but there was no money for the purpose; as for the officials, they were all fully occupied and no one would take the position without salary. Thisthe Suprema met with a peremptory order to rent a little house and appoint an alcaide at the ordinary wages. Under this pressure some kind of provision must have been made for, in an auto of January 31, 1723, the tribunal condemned four Judaizers to irremissible prison.[437]
During the recrudescence of persecution at this period, the number of condemnations to imprisonment was large; in the Granada auto of December 21, 1720, there were twenty-seven and, in sixty-four autos between 1721 and 1727, there were seven hundred and forty.[438]How these numerous prisoners were accommodated it would be difficult to guess, for the neglect of the penitential prisons was progressive and, in the census of all the tribunals, about 1750, but three reported to have alcaides—Córdova, Granada and Murcia.[439]It does not follow that others had not prisons, but only that they had no prisoners and cared to have none. For instance, in 1794, when the Suprema inquired of Valencia whether its prison would suit for the priest Juan Fernández Sotelo, whose health required a change from the convent where he was recluded, the tribunal craftily replied that its prison was constructed with cells and dungeons and that, in the eyes of the people, confinement in it produced infamy, so that quarters for Sotelo had better be found in some convent in the suburbs. Apparently it forgot all this when, in 1802, it complained that the salaries of its secretaries had not been raised in 1795, while that of the alcaide of the penitential prison had been increased from a hundred and twenty to twenty-two hundred reales, although he had nothing to do, and enjoyed the use of a house in the prison as good as those of the inquisitors.[440]
DURATION OF IMPRISONMENT
In fact, by this time penitential imprisonment was virtually obsolete. After the subsidence of the active persecution of Judaism, the Toledo tribunal which, in 1738, pronounced twelve sentences of prison, did not utter another until 1756. Then a long interval occurs, of thirty-eight years, before the next one, which was for heretical propositions.[441]It would not, perhaps, be safe to say that, in the concluding years of the Inquisition, this formof punishment was wholly unknown, but no cases of it have come under my observation.
There was the same reduction in the duration of imprisonment as in its severity, owing presumably to the same economical motive. As we have seen, the medieval Church recognized only lifelong imprisonment as the fitting penalty for the heretic who saved his forfeited life by recantation and, in recognition of this, the penitential prison in Spain was officially known as the perpetual prison, the sentences being always for perpetual imprisonment. At a very early period, however, it was clearly recognized that the literal enforcement of this was a physical impossibility. Bernaldez tells us that in Seville, up to 1488, there had been five thousand reconciled and condemned to perpetual imprisonment, but they were released after four or five years with sanbenitos and these were subsequently removed to prevent the spread of infamy throughout the land.[442]At Barcelona the tribunal had scarce been established, when we find it drawing a distinction in its sentences to perpetual imprisonment, some beingcum misericordiaand othersabsque misericordia—thus anticipating the so-called “irremissible” perpetual prison—and from the sentences it would appear that “without mercy” was exceptional.[443]
This inevitable laxity provoked opposition on the part of the more rigid authorities and, in 1509, while Ximenes was in Oran, there was a discussion on the subject in the Suprema, when we are told that his temporary representative, Rojas Archbishop of Granada, stood alone against the other members.[444]What was the nature of the decision is not recorded, but it probably favored the laxer view, for Ximenes and the Suprema, in 1516, deemed it necessary to order that all sentences to prison and sanbenito must be perpetual, in accordance with the canon law; if, in any case, the inquisitors thought there should be a remission it must be left to the discretion of the inquisitor-general.[445]
The tendency to shorten the term was irresistible; the conservatives had to yield and, by the middle of the sixteenth century, Simancas tells us that perpetual prison was customarily defined tobe three years, if the penitent was repentant, while those condemned to irremissible prison were usually released after eight years.[446]So purely technical did the term “perpetual prison” become that inquisitors saw nothing incongruous in such sentences as “perpetual prison for one year” or “for six months,” which are constantly met with, as well as “perpetual prison” followed by terms of exile. The real infliction was therefore much less severe than it appears on the records, and when periods longer than eight years were intended, they were specified, as when Salvador Razo, for Molinism, was sentenced, in the Granada auto of July 4, 1745, to ten years, of which the first five were to be spent in the galleys—a hardship remitted on account of his infirmities.[447]
DURATION OF IMPRISONMENT
The terms of imprisonment were frequently shortened, moreover, sometimes, from humane motives, but more often from financial considerations, for the dispensing power in this, as in the other penalties, was a source of profit. Thus Mayor García, a Morisca of Daimiel, condemned in the Toledo auto of September 21, 1550, to perpetual prison for six months, on January 13, 1551, petitioned the tribunal for release “as was customary with others,” saying that her husband would pay what the inquisitors should demand. The matter was promptly arranged with Inquisitor Alonso Pérez for four ducats, to help to build the staging for an auto de fe—a somewhat heavy payment for two months’ relief.[448]This dispensing power was the subject of a prolonged struggle between the tribunals and the Suprema. In the early period, at Barcelona, the former endeavored to secure it by the device of discretional sentences, which inquisitors could curtail or extend at will, and this was recognized in a letter of the Suprema, October 4, 1499, authorizing them, under such sentences, to dispense with the imprisonment but not with the sanbenito.[449]In 1513, however, Ximenes forbade this without his consent and the repetition of the order in 1514 and 1516 shows that it was difficult of enforcement.[450]In spite of this when the Valencia tribunal, February 25, 1540, condemned five Moriscos to “habit and prison for as long a time as we shall determine,” the Suprema insisted that, when discretionwas specified, it must alone be that of the inquisitor-general, a mandate that had to be repeated more than once, even as late as 1592.[451]
The question of this, as of all other commutations, was inevitably settled, as we have seen, in favor of the inquisitor-general. In many cases there was no concealment that it was purely an affair of bargain and sale, but it is pleasant to record that often it was prompted by humanity. Petitions for abridgement of the penance were numerous and were usually sent in at the time of the greater feasts, which are alleged as a reason for mercy, in addition to the misery of the penitent. As an example of these petitions may be mentioned the case of Violante Rodríguez who, with her husband Duarte Valentin, was arrested for Judaism March 15, 1664. After a three years’ trial, she was sentenced at Granada, February 24, 1667, to two years’ imprisonment, while her husband was similarly sentenced at Cuenca. About August 10th she petitioned for commutation, alleging that she had eight little children, deprived of both parents. The Suprema promptly sent to Granada for the details of the case, but the tribunal delayed until October 8th, when it accompanied its report with the suggestion that she should be released with spiritual penances after the expiration of the first year, as she had manifested true repentance. Growing impatient, on December 24th, she again petitioned the Suprema, alluding to her seven children, thus showing that one had meanwhile died. That she was duly discharged in February there can be no doubt, and there is no trace in the correspondence of any pecuniary consideration. Some of the petitions for release, in truth, were well calculated to inspire compassion, such as that of Simon Méndez Soto, in 1666, wherein he describes himself as 84 years old, blind, deaf, crippled on both sides with many infirmities and penniless, and he supplicates release that he may seek for cure.[452]
There would appear to have been no minimum age for imprisonment short of irresponsibility. The Toledo tribunal condemned for Judaism García son of Pedro the potter of Aguda, a boy eleven years of age, to perpetual prison. In the Cuenca auto of June 29, 1654, for the same offence, Escolástica Gómez, aged 12 and IsavelDíaz Jorje, aged 14 had the same penalty and, in the Toledo auto of October 30, 1701, José de Leon, a boy of 16 was sentenced to irremissible prison.[453]
The sanbenito, or penitential garment, was the invariable accompaniment of reconciliation and prison, constituting together the “carcel y abito” of the sentences, although it was not exclusively reserved for such cases. It was not invented by the Spanish Inquisition, even though we can scarce agree with an enthusiastic writer, who traces its origin to the Fall, when God made the delinquents put on penitential habits of skins, corresponding with thesacos benditosnow used in the tribunals.[454]
THE SANBENITO
The penitential habit of sackcloth sprinkled with ashes, customary in the early Church, has passed into a proverb. That the penitents of the Inquisition should be required to wear such a garment was inevitable and, from the foundation of the institution, in the thirteenth century, they were distinguished from other penitents by two yellow crosses, one on the breast and the other on the back. From Eymerich we learn that in Aragon this garment was like the scapular worn by the religious Orders.[455]Thissaco benditobecame known as the sanbenito or, more commonly,abitoand was necessarily inherited by the new Inquisition. In 1486, at the Toledo auto of December 11th, two hundred penitents, reconciled under the Edict of Grace, were required to wear in public such a garment for a year, under penalty of relapse.[456]For those reconciled after trial, the infliction was more severe. In 1490, Torquemada ordered that they should wear during life asanbenitilloof black or gray cloth, eighteen inches long and nine inches wide, like a small tabard, hanging on breast and back, with a red cross before and behind, occupying nearly the entire field. This was hung over the outer garment, and was a conspicuousindication to all beholders of the shame of the wearer, rendering it a punishment regarded as exceedingly severe.[457]In 1514, Ximenes changed the cross to anaspa de San Andrés, a St. Andrew’s or oblique cross, of which the bars traversed diagonally the breast and back.[458]Finally the Instructions of 1561 describe theabito penitencialas made of yellow linen or cloth, with two redaspas, although in some parts of Aragon there are particular customs as to colors which must be observed—referring probably to the use of green cloth in place of yellow, which seems to have been the case in Valencia and Sicily.[459]In some tribunals there was also in use, for those who abjuredde vehementi, a sanbenitode media aspa, or half cross, consisting of a single diagonal band. Those who were to be relaxed appeared in the auto de fe in a black sanbenito, on which were painted flames and sometimes demons thrusting the heretic into hell.[460]Llorente tells us that abjurationde leviwas performed in azamarra, or yellow sanbenito without aspas, but I have met with no allusion to its use.[461]The distinction between the sanbenitode dos aspasand the onede media aspawas maintained, and the former was understood to indicate that the wearer had been guilty of formal heresy, that he and his children were subject to the consequent disabilities, and that he was liable to the stake in case of relapse. The latter was worn only during the auto de fe, after which it was laid aside.[462]
Although, in the early period, the sanbenito was imposed perpetually, the expression is to be taken in the same sense as imprisonment. As a rule, the two were coterminous and the sentences are almost invariably “habit and prison for two years,” or perpetual or irremissible as the case may be. Where, indeed, the heresy was trivial or technical rather than real, or the conversion seemed genuine and spontaneous, the sanbenito was merely a symbol, to be worn only during the auto, or even for a briefer period, although it none the less left its ineffaceable stigma. There were gradations suited to every case, as is well illustrated in the Granada autoof May 27, 1593, where, in three cases, it was removed after reading the sentence, in two, after returning to the Inquisition, in two, after twenty-four hours (one of these being the Licentiate Juan Fernández, who had Judaized for thirty-six years), in one case it was imposed for two years and in another for three, and Leonor Fernández had two years of sanbenito and four of prison. It was even put on the effigy of Doña Inez de Tórres, from which it was removed after reading the sentence, because she had confessed and died as a Catholic, with ample signs of contrition.[463]Thus the tribunal could vary the penalty at its discretion, and was not bound to the rule of coterminousabito y carcel. In the Toledo auto of March 15, 1722, two girls of 14, Manuela Díaz and María de Mendoza, were sentenced to six months of prison and two months of sanbenito, while in that of February 24, 1723, Manuel Ximenes had perpetual prison and one year of sanbenito.[464]
From the fact that, in the sentences, the penitents are told that they are not to go out of their prisons or their houses without the sanbenito, it is inferable that it was not worn within doors. Discarding it, as we have seen, was a grave offence, punishable as non-fulfilment of penance and, in the Edicts of Faith, the denunciation of this, as of other infractions, was required. There was one occasion, however, in which this was done on a large scale with impunity, for in the Palermo rising of 1516 against the Inquisition, there was a universal throwing off of sanbenitos. When order was restored and the tribunal was re-established, there was a fruitless effort made to reimpose them. In 1522 the Suprema wrote to Inquisitors Calvete and Cervera calling attention to this as a great disservice to God and a heavy charge on the souls of the penitents, who must be compelled to resume them, and all secular and ecclesiastical authorities were commanded to assist. Then again, in 1525, Inquisitor-general Manrique insisted on the resumption of the sanbenitos, but at the same time he cautioned the inquisitors not to cause scandal or trouble, and we may assume that the attempt was practically abandoned.[465]
SANBENITOS IN CHURCHES
Cruel as was the imposition of the sanbenito, it was a punishment inherited from the elder Inquisition, but Spanish ingenuity invented a still more cruel use of it to stimulate the detestation ofheresy. This was the preservation of the sanbenitos, with suitable inscriptions, conspicuously displayed in the churches, thus perpetuating to future generations the memory of the crime and punishment of the delinquent. The origin of this may perhaps be traceable to the ceremonies observed in the early period, when penitents were relieved of theabito. As described, in 1490, at Barcelona, they were assembled in the Inquisition and preached to by the inquisitor. A fortnight later they gathered in the parish church of Santa María del Pino and heard mass; then they marched in procession to the chapel of Our Lady of Monserrat, again heard mass, offered twelve dineros apiece to the Virgin, and passed the night, after which their sanbenitos were taken off and hung in a prominent place near the door.[466]Of course, in the case of those who were burnt, the sanbenito was hung up at once, and this remained the rule, as we learn from the Instructions of 1561—the sanbenito of the reconciled was hung when it was removed, whether during the auto or after years of prison; that of the relaxed, immediately after the auto.[467]
The custom must have been of gradual growth. There is no allusion to it in theInstrucciones antiquas, nor have I found any indication as to the time when it became imperative except that, in 1512, there is a decision of the Suprema expressing the will of the king and the cardinal that the sanbenitos of the relaxed and reconciled of the Campo de Calatrava shall be hung in the churches, except those of the reconciled in the Time of Grace, and that, if any of the latter have been hung, they are to be removed.[468]This indicates a custom favored by the authorities, spreading, but as yet subject to question. It had already passed to Sicily, where one of the incidents of the rising of 1516 was the tearing down of the sanbenitos in the churches, and so great was the popular detestation of it that, at the end of the century, it had not been possible to restore the practice.[469]
It mattered little to the descendants that the sanbenitos of the victims in the early years had escaped this publicity. The perversity which inspired it developed into such malignity that, in 1532, the Suprema ordered the tribunals to make from their records lists of all burnt or reconciled, even under Edicts of Grace, andto suspend in the churches whatever sanbenitos were found to be lacking. The inexcusable cruelty of including the voluntary reconciliados under Edicts of Grace caused this portion of the order to be revoked in 1538, but, in 1539, this was declared inapplicable to those which had already been hung—if they had been removed, they must be replaced. The question was revived, in 1552, and opinions were divided, but the decision to retain them prevailed. Meanwhile, in 1548, the Suprema stimulated the tribunals to fill all vacancies, whether arising from omissions or the surreptitious removal of old ones, and it ordered the hanging of new ones as soon as the autos were held, in order to anticipate the complaints and importunities of the sufferers and their kindred. Then, as though the tribunals were slack in their duty, in 1555 the order of 1532 was revived and repeated.[470]The wilful viciousness of this is indicated by the Instructions of 1561, which point out that, as those reconciled in Time of Grace are exempt from wearing the sanbenito, so their sanbenitos ought not to be suspended in the churches.[471]
SANBENITOS IN CHURCHES
The object was the cruel one of perpetuating the infamy of the victim and rendering it as galling as possible to his kindred and descendants. As the sanbenitos wore out or became illegible with time, they were replaced, and finally superseded by yellow linen cloths, bearing full details of the name, lineage, crime and punishment of the culprit.[472]Originally they were hung in the cathedral of the city of the Inquisition, but this did not bring the disgrace sufficiently close to the descendants and, in some places at least, they were ordered to be transferred to the parish churches of the delinquents, whose infamy was thus kept alive in the memory of their neighbors. A single instance will illustrate the spirit actuating this. In 1519 the Suprema ordered this transfer made by the tribunal of Cuenca, but the command was slackly obeyed and was repeated in 1529. Then the descendants of Lope de Leon and Alvar Hernández de Leon, residents of Belmonte, petitioned the Suprema, saying that the wives of Lope and Alvar had been reconciled; they were natives of Quintanar, where they had committed their heresy, and the descendants now begged that the sanbenitos be hung in the church of Quintanar and not of Belmonte. To this the Suprema replied, April 15, 1529, byinstructing the tribunal to hang the sanbenitos in the residence of the descendants, in a place so public that the reconciliation of the women should be notorious to all. It is true that the descendants secured delay until the pressing orders came of 1548, when, on November 9th the sanbenitos of the women were hung in the church of Belmonte.[473]
This policy of distribution cannot have been universal for, when the Toledo cathedral desired to be relieved of the great accumulation of sanbenitos, the Suprema forbade it, adding that if it was desired to have them in the parish churches it must be done with new ones, leaving the originals in the cathedral. At length, in 1538, the inquisitors Yáñez and Loaysa distributed them among the parish churches, when Sebastian de Orozco tells us that it caused infinite misery to the descendants, leading them all or nearly all to change their family names, so that in Toledo the names actually borne by the Conversos disappeared.[474]
Change of name was not the only device resorted to by the descendants, for they were constantly at work removing surreptitiously the evidence of their infamy. As early as 1518, the Saragossa tribunal was ordered to prosecute with rigor those who had abstracted them from the Dominican church.[475]Their zeal was stimulated by the fact that the inquisitors, in making up the records, included all who had been reconciled under Edicts of Grace, thus affording legitimate ground of complaint, as shown by a long-continued struggle at Frejenal. In 1556, Doctor Ramírez, Inquisitor of Llerena, protested to the Suprema against the efforts of the people of Frejenal for the removal of the names of those reconciled in Time of Grace; it would leave but few for, in 1491, there had been three hundred and fifty-seven reconciliations there, of which three hundred and fifty-four had been under the Edict. To render ancestral infamy more accessible to the public, besides the sanbenitos, the names and details were inscribed on a tablet of parchment. This became torn and nearly illegible and, on August 23, 1563, it was solemnly replaced by another, written in large letters, with printer’s ink, and varnished to insure its preservation. The secret warfare waged against this perpetuation of infamy is described, in 1572, in a deposition of thefamiliar Rodrigo Carvajo. The people of the town, he said, were mostly descendants of Conversos, resorting to perjury and every other means to conceal their origin. The sacristans were generally Conversos, who connived at the methods employed to destroy the evidence, and the sanbenitos were stolen; there used to be five hundred and ninety-nine, and now there were only ten or a dozen, worn and torn and so placed that they could not be read, while the tablet with the names was gradually being defaced and rendered illegible. Thus it continued until 1576, when Inquisitor Montoyo brought to Frejenal a new set of sanbenitos prepared from the records, which were duly suspended, and a tablet containing names and details was placed where all could read it. This list shows the obstinate persistence with which the names of the spontaneously reconciled were retained. It contained a hundred and sixty-two relaxed and four hundred and nine reconciled, all, with very few exceptions, in the years from 1491 to 1495. There were none between 1499 and 1511, and none later than 1511.[476]Struggles similar to this were doubtless on foot in numerous other places.
SANBENITOS IN CHURCHES
The churches themselves do not seem to have looked with favor on this desecration of their sacred precincts. At Cuenca, there was apparently an attempt to hide the sanbenitos of which the tribunal complained in 1571, when the Suprema ordered it to see that nothing was put before them, even on feast-days.[477]The parish church of San Salvador, at Cifuentes, went further and, in 1561, appealed to Pius IV, explaining to him the Spanish custom, and representing that not only was the attractiveness of the church marred by the prominence assigned to the sanbenitos, but that they led to many scandals, all of which would be prevented if they were removed to some less prominent place or laid away altogether, but that licence from the Holy See was requisite for this. The pope gave the required licence, subject to the assent of the Inquisition to the removal, which of course rendered it inoperative.[478]The cathedral of Granada was more fortunate for when, in 1610, Inquisitor-general Sandoval consecrated as archbishop Pedro González de Mendoza, the latter asked him, as a special favor to his bride, that she should be relieved of the sanbenitos. Sandoval assented and the permission came soon afterMendoza had reached Granada. It was celebrated with great rejoicings and ringing of bells; the sanbenitos of the Moriscos were transferred to the church of San Salvador, in the Albaycin, while those of the Judaizers were hung in the church of Santiago, which was the parish church of the Inquisition.[479]Even when there was not this open antagonism, there was apt to be neglect which was practically more damaging. In 1642, the Valencia tribunal learned that some of those in the cathedral had fallen and were allowed to lie. It made an investigation and, from the report, it would seem as though every available spot was thus decorated and that all required attention for their preservation. The sacristans promised to do what was necessary, but apparently they had been quite willing to see them disappear.[480]
Conscious of this ecclesiastical indifference and of the constant effort of those interested to make way with the visible records of their infamy, the Suprema was incessantly active to counteract the results. The Instructions of 1561 insist imperatively on the duty of hanging the new sanbenitos and renewing the old, so that the memory of the infamy of heretics shall be preserved forever, and inquisitors on their visitations are commanded to see that the parish churches are kept with unbroken lines of themantetas y insiniasof their culprit parishioners.[481]Philip II was no less urgent. In his instructions of 1595 to Manrique de Lara, he calls special attention to the subject; there are sanbenitos now to be hung and others which have never been hung, apparently through favoritism, for which the inquisitors deserve rigorous punishment, for this is the severest penalty which the Holy Office can inflict on heretics and their descendants, and Manrique is to see that all deficiencies are made good.[482]
In fact, the most pressing business of the inquisitor in visiting his district was to attend to this. In 1569 the Suprema ordered every one, before starting, to have full lists made out of the relaxed and reconciled of the region to be traversed and, in each place, these lists were to be compared with the existing sanbenitos and all that had disappeared were to be replaced. In 1600 and 1607 these instructions were repeated with still greater urgency, as a matter not to be neglected for a single day, in view of the evilsthat would follow.[483]That nothing was to be allowed to interfere with this pious duty is seen when Valencia had no money wherewith to defray the expense of renewals and was told to borrow it from theDepositario de los pretendientes—the sacred deposits of those seeking to prove their limpieza, which were thus used to preserve the muniments that might destroy their hopes.[484]
How, in fact, the sanbenitos were employed for this purpose is indicated in a perquisition conducted at Tortosa, in 1577, by the inquisitor, Juan de Zúñiga. The sanbenitos were carefully examined and lists were made out, classified firstly into those of which the trials could be identified and those of which no trace could be found in the records, and secondly into the penalties inflicted. Then two of the oldest residents—a notary and a priest—were summoned; the lists were gone over with them and their evidence was taken as to the descendants of the culprits, especially whether any had changed their names so as to elude disabilities. Thus a close watch was kept on them and every care was taken that the infamy of their ancestors should be lasting.[485]
SANBENITOS IN CHURCHES
As the seventeenth century wore on, it would seem that the zeal of the tribunals in the matter of sanbenitos was flagging. A general carta acordada of February 27, 1657, assumes this, in calling their attention to the Instructions of 1561 and to subsequent orders of similar import. As many autos de fe had recently been held, and as it was understood that, in some places, the sanbenitos had not been hung in the churches, the tribunals were commanded forthwith to make out lists of the relaxed and the reconciled, and to have corresponding sanbenitos suspended in the churches, as well as to renew the old ones which were worn out. In view of the importance of this to the service of God, a full report in detail was imperatively required to be furnished within four months. This may have excited the tribunals to spasmodic activity but, if so, its influence was but temporary for, in 1691, we find the Suprema ordering reports as to the length of time that had elapsed since sanbenitos had ceased to be hung in the churches; lists of deficiencies were called for; the old sanbenitos were to be examined and statements were to be renderedas to what were lacking and what had become illegible, so that the Suprema might take requisite action.[486]
This looks as if the custom had been falling into desuetude, but it was by no means abandoned and, as late as August 26, 1753, when a deceased delinquent named Horstmann was burnt in effigy at Valencia, two sanbenitos were ordered to be suspended, one in the cathedral and one in the parish church of San Lorenzo.[487]Still the same tribunal furnishes, in 1783, a refreshing evidence of the decline of intolerant zeal in the gradual diffusion of enlightenment. The cathedral had been undergoing restoration, during which the sanbenitos had been carefully stored in a room of the Inquisition. On the completion of the work, the tribunal suggested to Inquisitor-general Beltran that it would not redound to the service of God or of the public to hang them up again, to which Beltran assented; if the chapter did not ask for them, the tribunal was not to raise the question, or to do any thing in the matter and, from an endorsement on the letter, it is to be inferred that the sanbenitos were allowed to repose undisturbed.[488]
It is not to be supposed that, when the Córtes of Cadiz, February 22, 1813, abolished the Inquisition, it was satisfied to permit the continued existence of the sanbenitos which perpetuated so many dreadful memories. A decree of the same day recited that Article 305 of the Constitution provided that no punishment should extend beyond the criminal to his family; that the means by which, in public places, the memory of penalties inflicted by the Inquisition was preserved, brought infamy on families, and even exposed to evil repute persons of the same name. Therefore all portraits, pictures, or inscriptions, recording the punishments imposed by the Inquisition, existing in churches, cloisters, convents and other places, were to be removed or blotted out within three days after receipt of the decree.[489]
The condition of Spain was not such as to insure any wide obedience of this decree, although it is scarce likely that the French armies had left many sanbenitos hanging in towns occupied by them during the war. What occurred elsewhere may probably be guessed by the example of Majorca, when the Constitution of Cadiz was enthusiastically received and the sanbenitos were removed from the church of San Domingo, but they were providently stored away and were again hung up after the Restoration in 1814. In the Revolution of 1820, however, they were torn down and burnt and the Inquisition was levelled to the ground.[490]
The custom of suspending in the churches thehabitellior sanbenitos of the reconciled and relaxed seems to have been borrowed by Italy from Spain, at least in some places. It is to the credit of the Roman Inquisition that it disapproved this barbarous practice, as appears from a decree of 1627 ordering them to be removed from the cathedral of Faenza and to be secretly burnt.[491]
Disabilities have already been considered in their relation to the finances of the Inquisition, arising from the sale of dispensations, but they formed too important a portion of the penal system not to require further treatment in this connection. They differed however from other punishments in that, although specified in the sentences, they were the inseparable consequences of condemnation for heresy and thus, in some sense, self-operative, for the severity of the laws for the suppression of misbelief was not content with confiscating the property of those whose lives were spared. The reconciled heretic was not only turned adrift penniless, but was subjected to restrictions incapacitating him from earning a livelihood. As this refinement of cruelty could not be applied to those who were burnt, it was visited on their descendants.