SCOURGING
Scourging was a favorite penalty which was lavishly and often mercilessly employed. In the Saragossa auto of June 6, 1585, out of a total of seventy-nine penitents, twenty-two were scourged; in that of Valencia, in 1607, of forty-seven penitents, twenty-four received the lash.[363]This, however, exceeds the average. The Toledo reports, from 1575 to 1610, present a hundred and thirty-three cases of scourging which, allowing for a break in the record, give about four per annum.[364]On the other hand, a collection of autos de fe celebrated between 1721 and 1727, embracing in all nine hundred and sixty-two cases, affords two hundred and ninety-seven sentences of scourging, or about thirty per cent.[365]Whenwe recall that, in the list of officials reported by Murcia, in 1746, there figures Joseph García Bentura asnotario de açotaciones—a notary of scourgings—to keep record of the stripes, with a salary of about 2500 reales, we realize how prominent a feature it was in inquisitorial penology.[366]The brutalizing effect on the populace of these wholesale exhibitions of flogging, especially of women, can readily be estimated.
The usual number of lashes prescribed was two hundred, though in occasional cases a hundred sufficed. In the two hundred and ninety-seven just alluded to, two hundred and ninety were of two hundred lashes and only seven of one hundred. It was rare that two hundred were exceeded in any one infliction, though sometimes it was mercilessly duplicated, as in the Seville auto of September 24, 1559, Martin Fernando Saldrian, a shepherd, for blasphemy was scourged in Seville and again in his native town; Alonso Martin of Carmona, for Lutheranism, was scourged in both Seville and Carmona and Juan de Aragon of Málaga, who had pretended to be a familiar, was scourged in Málaga and again in the scene of his offence.[367]
Probably two hundred lashes were about the limit of safety, especially with those enfeebled by prolonged incarceration, for the infliction was excessively severe. We hear of Margarita Altamira reduced to such extremity after a scourging that the viaticum was administered to her.[368]There was no mercy for age or sex. In the Valencia auto of January 7, 1607, Isabel Madalina Conteri, a Morisca girl of 13, after overcoming torture, had a hundred lashes, Jayme Chulayla, a Morisco of 76, who had been tortured, had a hundred and the same was administered to Francisco Marquino, aged 86 for sorcery in treasure-seeking, while Magdalena Cahet, aged 60, who had escaped torture on account of heart-disease, was not spared a hundred.[369]
As the eighteenth century advanced there appears to be more readiness to remit the execution of sentences of scourging on account of age and infirmities and of “accidentes,” which probably mean crippling by torture. Then there developes a tendency to spare women and finally men; the sentences continue to be pronounced, but they are remitted by the inquisitor-general. In1769, at Toledo, Gerónimo Clos, for bigamy, was pardoned the two hundred lashes of his sentence, which could not have been for infirmity, as he was not released from hard labor for five years in the royal works at Cartagena.[370]From this time scourging may be regarded as obsolescent and soon to become obsolete. Under the Restoration, from 1814 to 1820, in thevotos secretos, there is not a case in which the lash was inflicted, for when included in the sentences, it was always remitted by the Suprema.[371]
The clergy, of course, were not subjected to the disgrace of public scourging. In their cases it took the form known as a circular discipline, administered in a convent by all the inmates in turn.
Vergüenza, or shame, was the same as scourging, with the lashes omitted. The culprit, stripped to the waist and with thepié de amigo, was paraded through the streets, with the insignia of his offence, while the town-crier proclaimed his sentence. It was naturally regarded as less severe than scourging and was sometimes substituted for the latter, when the penitent was too aged or feeble to endure the lash. For the beldams and ruffians who were often its subjects it could have had but few terrors, but it was greatly dreaded by those of sensitive nature. The inquisitors took little count of this, when dealing with Judaizers and Moriscos, who had a keen sense of personal dignity, and Pedraza informs us that those exposed to it regarded death as a mercy, preferring to die rather than to endure a life of infamy.[372]To young women the exposure was especially humiliating, yet, on the whole, it may be regarded as more humane than the pillory of our forefathers, for the penitent was not exposed to the missiles of a brutal populace.
Vergüenza was a comparatively infrequent punishment. In the Toledo reports of 1575-1610 it occurs in but twenty-six sentences, which may be compared with the hundred and thirty-three scourgings, and the records of the same tribunal from 1648 to 1794 present but ten vergüenzas to ninety-two scourgings. In the very severe series of autos de fe between 1721 and 1727, the comparison is thirteen to two hundred and ninety-seven.
THE GAG—THE GALLEYS
Themordazaor gag, as we have seen, was regarded as increasing greatly the severity of the infliction of which it formed part. It was sometimes used in scourging and vergüenza, when the so-called penitent was a hardened blasphemer or likely in some way to create scandal. It was likewise employed in the autos de fe, on pertinacious and impenitent heretics of whom it was feared that they might on their way to the stake produce an impression on those not firm in the faith.[373]Its use was not frequent, although, in the dread inspired by Protestantism, in 1559, at the great Seville auto of September 24th, twelve of the victims wore the mordaza. There were also twelve thus gagged in the Madrid auto of 1680, but these numbers were exceptional.[374]
Enslavement in the galleys, to labor at the oar, would appear to be even more incongruous than scourging as penance for spiritual offences. It was a Spanish device, unknown to the elder Inquisition, and had its origin in the thrifty mind of Ferdinand. We shall presently see how exercised were the monarch and the Holy Office over the problem presented by the maintenance of those condemned to the canonical penalty of perpetual prison, and Ferdinand, whose Sicilian possessions required a powerful navy, bethought him of the expedient of utilizing his able-bodied prisoners to man his galleys—the galley propelled by oars being as yet the equivalent of the modern battle-ship. Galley-service was recognized as so severe that the old fueros of Aragon forbade it under heavy penalties, except with the free assent of the individual, and it was not until the curtailment of ancient privileges, in the Córtes of Tarazona in 1592, that judges were permitted to use it as a punishment for robbers.[375]In Castile, the pressure for slaves to man the galleys is indicated by a royal cédula of November 14, 1502, commuting the death-sentence of criminals in the secularcourts, and ordering them to be sent to the galleys.[376]It was probably about this time that Ferdinand turned to the Inquisition, which was bound by no laws, for relief from overcrowded prisons and undermanned galleys. Even the callous morality of the age seems to have been shocked at this and, as usual, the sanction of the Holy See was sought for the iniquity. It was of course granted, and Alexander VI, in a brief addressed to the inquisitors, May 26, 1503, recited that Ferdinand and Isabella had represented to him that those condemned to perpetual prison relapsed into heresy; that there was a lack of prisons in which they could be confined without perverting others, and that multiplication of prisons would lead to dissemination of heresy; that their power to commute imprisonment into other perpetual punishment had been called into question, and that they had asked him to provide a remedy. As the chief solicitude of the inquisitors should be the prevention of relapse, he therefore empowered them to change the perpetual prison of penitents into other penalties—deportation to the colonies, or imprisonment in the royal galleys, where, in perpetual confinement, they might render enforced service, or to any other perpetual punishment, according to their quality and offences.[377]
THE GALLEYS
That full advantage was taken of this there can be no doubt, to the relief of the prison funds and the facilitation of the conquest of Naples. We chance to hear of the transfer at Barcelona, January 24, 1505, of nineteen prisoners from the gaol of the Inquisition to the galleys of Ramon de Cardona, which we may fairly accept as an example of what was on foot everywhere.[378]In fact, the eagerness of the tribunals to disembarrass themselves of their prisoners seems to have led to their discharging on the galleys those in every way unfit for the service, for the Suprema was obliged, in 1506, to declare that men over 60, clerics and women were exempt from the punishment of the galleys.[379]Even Ferdinand himself, towards the close of his career, seems to have shrunk from the responsibility of openly authorizing an extension of this heartless business for when, in 1513, the Inquisitor of Sicily asked permission to send to the galleys those condemned to perpetualprison, Ferdinand threw the decision back on him; to build prisons will cost much money, he said, but the galleys may deter men from confessing their heresy; the inquisitor is therefore to think the matter over and do what he deems best.[380]The conclusion reached is unknown, but we may reasonably surmise that the Palermo tribunal did not waste its funds in constructing prisons.
Ferdinand’s hesitation seems to have been shared by Charles V for, in 1527, the Suprema ordered that penitents should not be sent to the galleys but should have other penances.[381]The motive for this humane provision, however, did not long withstand the more pressing economical considerations. In 1529, Rodrigo Portuondo, captain-general of the galleys, was instructed that no one sent to them by the Inquisition should hold any office or administration, or have charge of the rations, showing that the prohibition had been rescinded.[382]Apparently the superior intelligence of the penitents had rendered them more useful as petty officers and accountants than as slaves of the oar, but this alleviation of their misery did not satisfy the spirit of persecution and it was probably to prevent it that the formula of the sentence was service at the oar without pay—unless, indeed, the penitent was of gentle blood, in which case he could be sent to serve as a gentleman or as a soldier.[383]
We have already seen to what profitable account the Inquisition turned the power which it had assumed to grant dispensations from this abhorrent servitude, and a case in 1558 indicates how it guarded against any invasion of its prerogative. Philip II was led to interest himself in the case of Andrés de Frias, condemned to the galleys, and asked to have him dispensed from the remainder of his term. To this the Suprema demurred, saying that the statement of Frias was untrue, for in Rome he had treacherously stabbed to death the procurator of the Inquisition, Doctor Puente, after dining with him and promising to sup with him; moreover the seventeen months which he claimed to have served had not been as a galley-slave, as required by his sentence. Still, if he would present himself and manifest repentance there mightbe opportunity for the king to show him mercy, but otherwise it would greatly impair the authority of the Inquisition.[384]
Philip was not given to interceding for those sent to his galleys, for galley-slaves continued to be in great demand. In 1567 the Venitian envoy, Antonio Tiepolo, explains the weakness of the Spanish navy by the fact that its galleys were manned with slaves andforçats, who were not numerous enough to keep many galleys at sea. It would be, he says, impossible to man them with free-men, as in Venice, for no one would serve voluntarily, as the ill-treatment of the crews is notorious and their dying for lack of the necessaries of life.[385]It is true that there was a curious source of supply, besides the ordinary criminals and heretics, for the prelates of the religious Orders were accustomed to condemn their peccant brethren to the galleys, from the same economical motive that had actuated Ferdinand—to save the expense of maintaining them in prison.[386]Still, the needs of the armadas were pressing; Philip turned to the Inquisition for aid, and, in 1567, the Suprema issued two decrees intended to assist in manning the royal galleys. One bore that sentences must not be for less than three or four years, for otherwise the penitents cost the king more than the service he got from them, and this was enforced by a royal cédula of 1584.[387]The other suggested—suggestion being equivalent to an order—that sentences to the galleys could be substituted for those to prison and sanbenito. The practical deduction drawn from this is expressed by a writer of the period, who says that, if the accused confesses but does not satisfy the evidence, he is to be tortured and, if he still fails to satisfy the evidence, it is customary to send him to the galleys, but this must be for not less than three years.[388]To appreciate fully this atrocity, it must be borne in mind that torture could only be used in cases of doubt where the evidence was defective, so that, besides the torture the victim was sent to the galleys for suspicion of heresy.
THE GALLEYS
Even this did not satisfy the royal exigency and a further inexcusablestep was taken. We have seen that tardy and imperfect confessions were visited with scourging and sometimes with the galleys, while thebuen confitente, who confessed promptly and freely, was allured with promises of special consideration and mercy. Yet, in 1573, the Suprema issued a carta acordada ordering that Conversos, even whenbuen confitentes, should be sent to the galleys, and this it repeated in 1591, with injunctions for its enforcement.[389]The name of religion has not often been more brutally prostituted than in these provisions, and their success may be measured by a report of the inquisitors of Saragossa to Philip, of an auto celebrated June 6, 1585, in which they call his special attention to their zeal in furnishing him with twenty-nine galley-slaves for six years, besides three left over from a previous auto—and this in Aragon, which forbade galley-service as a punishment for the most heinous crimes.[390]
The galley-captains naturally were not punctilious in discharging the men when their terms had expired, giving rise to perpetual friction. The sentence ordinarily was to a term of prison or exile, of which the first three years or more were to be passed at the oar, and this was set forth in the certificates given to the penitents. The tribunals kept watch over them, and demanded their return to serve out the rest of their sentences, but this was not an easy task. The vigilance exercised is illustrated by a royal cedula addressed to the captain of a galley, ordering him to release two men whose terms had expired, and warning him that in future all such persons were to be returned to the tribunal that had sentenced them.[391]This was followed, in 1568, by general instructions to Don John of Austria, as Captain-general of the Sea, and to all captains of galleys, reciting the complaints of the Sicilian tribunal that its reclamations of its penitents were not complied with, and ordering their restoration to their tribunals without waiting for demands.[392]This was ineffectual and, in 1575, we find the Barcelona tribunal instructed to prosecute the captains who impede the discharge of those who had served out inquisitorial sentences.[393]The trouble was perennial and, in 1645, we have a formula ofrequisition for the return of the party specified, under pain of excommunication and of five hundred ducats, and the tribunal of the port where the galleys lie is requested to see to its execution. A significant note however adds that this is scantly courteous to such great men as the generals of the galleys, and that it is better to ask the tribunal of the port to procure the release by friendly negotiation.[394]
The cases could not have been infrequent in which men, utterly unfit for the privations and ill-usage of the galley-slave, were condemned to this hard service, and no doubt many perished in consequence. Yet exemptions on this ground were reluctantly admitted, if we may judge from a rebuke administered, in 1665, by the Suprema to the Barcelona tribunal, in a case where this was asked; the opinions of the physician and surgeon were insufficient; other professionals must be called in and examination be made as to the penitent’s condition when, if it appears that he is unfit for the service, the sentence can be commuted to eight years of exile as proposed.[395]It is a marked expression of the humanitarian development of the eighteenth century that, even in the fierce persecution of its first quarter, in 1721 it was ordered that, before imposing a sentence to the galleys, the delinquent should be examined by the physician and surgeon and, if incapacitating weakness appeared, it should be mentioned in the vote of the consulta de fe that, in consequence of it, the sentence was commuted to irremissible imprisonment.[396]The succeeding autos show that this bore fruit in sundry commutations, although the alternative of irremissible prison was not observed, and less severe penalties were sometimes substituted.[397]
THE GALLEYS
In the sixty-four autos de fe between 1721 and 1727, of which we possess details, there were ninety-two sentences to the galleys and seven to service in the presidios. There was a certain relation between the two. In the seventeenth century legislation on offences connected with the coinage, the galleys were provided for commoners and presidio service for gentlemen and, as the century drew to a close, we find the Inquisition no longer sending gentlemen to serve as soldiers on the galleys but to Oran, Ceuta,Gibraltar, Badajoz, Peñon and other royal works and garrisons.[398]In the eighteenth century Inquisition, the galleys for all classes were gradually supplanted by the presidio, if we include in the term enforced labor in the royal dock-yards and arsenals as well as in the African garrisons. Galleys were disappearing from the sea and, in the Inquisition, they were superseded by thebagne, in its various forms of hard work. In 1742, the Toledo tribunal condemned Rafael Nuñez Hernández, for certain errors, to eight years of exile of which the first five were to be passed serving the king in the unwholesome quicksilver mines of Almaden, and the last sentences to the galleys that I have met occur in 1745, when Nicholas Serrano was condemned at Toledo for bigamy to eight years of service in them, and Miguel Gutiérrez and Francisco García, at Valladolid, for relapse into Judaism, to ten years. After this the galleys may be said to be obsolete, even for bigamy, as is seen in a sentence of the Valencia tribunal in 1781.[399]
The presidio continued as a punishment under the Restoration, but cases were so rare that there was question as to the reception of the convicts in their places of destination. In 1818, the Seville tribunal sentenced three persons—two for propositions and one for bigamy—to two years’ service in Ceuta or Melilla, and it asked the Suprema to get the minister of war to issue orders to the governors to receive them. The Suprema replied that this was the business of the tribunal; it must do as on former occasions, and if necessary could write to the governors. Theforçatswere duly received and, it is pleasant to add that, in six months, the Suprema humanely remitted the punishment in order that they might return and support their families. For this an order from the secretary of the Council of War was required and procured.[400]
For women, the equivalent of the galleys was service without pay in hospitals, houses of correction and similar institutions. Apparently these female convicts were not always regarded as desirable inmates and though, in the pre-revolutionary times, no opposition was ventured, under the Restoration there was sometimes difficulty in securing their admission. In 1819 the Seville tribunal appealed to the Suprema, representing that it had beenunable thus to dispose of Juana de Luna, for the same reasons which it had experienced in the cases of Ana Barbero and Leonor Macias. The Inquisition inspired no such terror as of old, for the Suprema could suggest no means of overcoming the difficulty, and could only instruct the tribunal to devise some method of executing its sentences.[401]
It is not to the credit of the Roman Inquisition that it followed the example of the Spanish and included the galleys in its list of punishments. Carena, indeed, tells us that it was the most usual of all and was the customary penalty in a wide variety of offences.[402]
That reconciliation to the Church, which was represented as a loving mother, eager to welcome back to her bosom her erring children, should be regarded as a punishment, seems a contradiction in terms, yet so it was, and the Suprema did not hesitate to speak of those “who had been condemned to reconciliation.”[403]It would not be easy to invent a more emphatic illustration of the perversion of the spirit of religion by persecuting fanaticism.
The apostate or the heretic, who had abandoned the Church after admission through the waters of baptism, could only be reincorporated by abjuring his errors and applying for reconciliation. In the case of Conversos, who secretly adhered to the Mosaic or Mahometan law, there could be no question as to this, nor was there with such heretics as Protestants. To what extent other errors might constitute formal heresy requiring reconciliation, or might infer suspicion of heresy, light or vehement, was a problem for the calificadores, and sometimes was an intricate one, for the gradations of theological error are infinite and subtile.
RECONCILIATION
In the tumultuous proceedings of the early period when, under Edicts of Grace, penitents came forward by the thousand, confessing their errors and begging for reconciliation, the ceremony was naturally simple. Under the Instructions of 1484, the formdescribed by Joan Andrea was to be used: the inquisitors declared that the penitent had been an apostate heretic, who had followed the rites and ceremonies of the Jews and had incurred the penalties of the law but, as he now says that he has been converted and desires to return to the faith, with a pure heart and faith unfeigned, and is ready to accept and perform the penances to be imposed, they must absolve him from the excommunication incurred through the said crime and must reconcile him to Holy Mother Church, if, as he says, he is converted to the holy faith truly and without fiction.[404]
No mention is made here of any subsequent ceremonies, although at least abjuration must probably have followed. When procedure was less hurried and there had been time for its elaboration, the process became impressive. The sentence recited that the penitent was admitted to reconciliation; that as penance he was to appear in an auto de fe, without girdle or cap, in a penitential habit of yellow cloth, with two redaspasor bands forming a St. Andrew’s cross, and a candle in his hand when, after his sentence is read, he should publicly abjure the errors confessed and all other errors and apostasy, after which “we order him to be absolved and we absolve him from any excommunication which he has incurred and we unite and reincorporate him in the bosom and union of the Holy Mother Catholic Church, and we restore him to participation in the holy sacraments and communion of the faithful”—to which was appended a recital of the various punishments to which he was condemned. After the auto de fe was ended, the abjuration was administered. This was similar to the abjurationde vehementialready given and in it he consented, in case of relapse, to submit to the penalties of the canons. On the conclusion of this, he was formally absolved and the next day his abjuration was read over to him, with a warning that in case of relapse he would be burnt.[405]
As described in an account of the Madrid auto de fe of 1632, this ceremony was imposing. The penitents to be reconciled were brought before the inquisitor-general who was presiding. While they kneeled before him he read a short catechism, comprising the creed with some additions, to each question of which they answered “Yes, I believe.” Then the secretary recited the abjuration, in which they followed him. The inquisitor-generalthen pronounced the exorcism and the customary prayers and the royal chapel chanted the Miserere, during which the chaplains of the Inquisition struck the penitents with rods on the shoulders. After this the inquisitor-general recited the customary verses and prayers and the royal chapel sang a hymn, while the black cloth was removed from the cross, which had been covered as a sign of mourning, and the inquisitor-general concluded the solemnities with a hymn.[406]
Superficially, there is nothing formidable in this reception of a wandering sheep back into the fold, but the serious aspect of reconciliation, justifying its characterization as a punishment, lay in the penalties which were virtually inseparable from it, and were customarily included in the sentence—imprisonment, sanbenito, confiscation and disabilities, with occasionally scourging and the galleys, some of which we have already considered while others will be treated hereafter. There was further the fact that the canons pardoned the heretic but once. If, after reconciliation, he was guilty of reincidence, there was no mercy for him on earth, although the Church in its kindness, would not close the portals of heaven on him and, if truly contrite, would admit him to the sacraments, although it would not spare him the stake.[407]The crucial question of relapse, however, will be considered in the next chapter and meanwhile it should be said that the Spanish Inquisition did not always enforce this cruel precept. In the later period second reconciliations were by no means infrequent, and, even in the earlier time, men sometimes shrank from the holocausts which the strict enforcement of the rule would have caused amid a population terrorized into suddenly forswearing their ancestral faith. In Majorca, under the Edict of Grace, there were three hundred and thirty-eight reconciliations, August 18, 1488, followed by ninety-six on March 26, 1490. Soon after this an Edict of Mercy was published, under which there were reconciled a second time no less than two hundred and eighty-eight of the previous penitents. One of these, Antonia, wife of Ferrer Pratz was even reconciled a third time, June 28, 1509. Scattering cases of second reconciliations can also be found elsewhere.[408]
RECONCILIATION
There was a rule that the reconciled were not to be subjected to scourging or the galleys, even though they might have deserved them by varying and revoking confessions, but I cannot find that this was observed for, in both the earlier and later periods, cases as we have seen were numerous in which reconciliation was accompanied with these corporal punishments.[409]On the other hand, although the principle was absolute that reconciliation carried with it confiscation and perpetual prison, cases sometimes occur in which these penalties were lightened. In the Toledo auto of November 30, 1651, there were nine reconciliations, in which the accompanying punishments were mostly trivial—in one case the sanbenito was removed immediately on return to the Inquisition.[410]
It seems almost a travesty on solemn religious observances that effigies of the dead should be admitted to reconciliation but, as the grave afforded no refuge from the Inquisition, this was a logical outcome of the system, when a defunct heretic had recanted and sought reincorporation with the Church. As he could not be reconciled in person he had to be reconciled in effigy, especially as the sentence was necessary to secure confiscation of his estate. The only occasion of this was the death, during trial, of a prisoner who had confessed, professed conversion and received sacramental absolution on his death-bed. His trial would necessarily be continued and result in reconciliation, and the Inquisition saw no incongruity in parading his image before the people, and performing with it the solemn farce of reconciliation. There was a somewhat inexplicable instance in Majorca of three Judaizers, who had died in prison during their trials, in 1678, after manifesting the necessary signs of repentance; they were not included among the two hundred and twelve reconciliations, in the autos de fe of 1679, but, thirteen years afterwards, their effigies were reconciled in the auto of July 2, 1691 and no theologian seems to have asked himself what was their spiritual condition during this prolonged interval.[411]This reconciliation in effigy, was not, as Llorente states, an innovation introduced under Philip III, but was practised from the beginning, for there was an instanceof it in Beatrix Sener, deceased, thus reconciled May 2, 1499, at Barcelona.[412]
Apparently the age of responsibility was the only minimum limit in reconciliation. In the Madrid Auto of 1632, Catalina Méndez, a child of 12, was reconciled with sanbenito and six months’ imprisonment. At Toledo, in 1659, Beatriz Jorje and Ana Pereira, Portuguese Judaizers each ten years old, were reconciled; the former had her sanbenito removed at once; the latter was sentenced to confiscation and four months of prison.[413]
Reconciliation brought with it one alleviation, for the reconciled, as penitents, were entitled to the fuero of the Inquisition. This was derived from the penitential system of the Middle Ages, which deprived the penitent of bearing arms during the long series of years for which penance was imposed, and no one could be expected to assume it unless protected by the Church against his enemies. In this the Inquisition stood in the place of the Church, and cast its jurisdiction over its penitents during their term of penance. In 1501, we find a certain Pan Besante of Teruel, areconciliado, to whom Ferdinand had restored his confiscated property, complaining to the king that he was persecuted and maltreated by his debtors and his neighbors, and that the inquisitors, to whom he had appealed for protection, neglected to aid him, whereupon Ferdinand promptly ordered them to come to his assistance, to enforce, by their officials, the payment of his just claims and to punish the aggressors.[414]So far was this carried that at Granada, in 1654, the reconciled penitents had an advantage in trade over the faithful, by claiming exemption from thealcavala, or royal tax on sales. When the citizens complained of this discrimination, the fiscal of the tribunal admitted that the question was a difficult one; to subject the penitents to the royal jurisdiction would give rise to great embarrassments, yet at the same time the inquisitorial jurisdiction ought to be a punishment and not a reward.[415]That it was a reward we have seen from the eagerness with which it was claimed by all who could put forward the slenderest pretext.
THE PENITENTIAL PRISON
Imprisonment for life was the penance imposed by the canons on the heretic who, under the persuasive methods of persecution, sought reconciliation to the Church. It was so decreed, indeed, by pope and emperor before the Inquisition was organized, and that institution relentlessly enforced the laws. That the Spanish Holy Office should accept it was a matter of course. Its expense, however, had proved a source of tribulation in the thirteenth and fourteenth centuries, and it was none the less so in Spain for, large as were the confiscations and pecuniary penances, they were squandered as fast as they accrued. In Torquemada’s supplementary Instructions of December, 1484, the receivers are ordered to provide for the maintenance of the prisons, which shows that the sovereigns admitted their responsibility,[416]but, in the chronic financial disorder of the time, no regular provision was made, either for their establishment or support. It is true that, in 1486, at the earnest request of the inquisitors of Saragossa, Ferdinand ordered the receiver to construct a perpetual prison, in accordance with their desires, but it is safe to assume that he prudently postponed replying to their inquiry as to the maintenance of the captives.[417]In 1492, when the tribunal sentenced Brianda de Bardaxí to five years’ imprisonment, it was to the tower of Saliana and this, in a few days, was changed to the convent of Santo Sepolcro in Saragossa.[418]In fact, for want of prisons, the custom was general of consigning reconciled penitents to strongholds, hospitals, convents, or even to their own houses—the latter presumably being such shelter as friends or kindred could afford to those who had been stripped by confiscation. The Instructions of 1488, indeed, authorize inquisitors, in view of the multitudes condemned to perpetual imprisonment and the lack of prisons, to designate to the penitents their houses, where they must confine themselves under the penalties provided by the laws. But this, it was added, was only meant to be temporary, and the sovereigns were supplicated to order that, at each tribunal, the receiver should provide a large enclosure with little huts and a chapel, where the prisoners could hear mass and could each workat his trade and earn his living, and thus relieve the Inquisition from heavy burdens, due care being taken to keep the sexes apart.[419]The only answer to this prayer seems to have been the device of relieving the prisons for the benefit of the galleys.
The laxity of quartering penitents on public institutions or in private houses led to impracticable rules in the effort to counteract its evils. An instruction issued about this time by the Suprema orders that no one be admitted to reconciliation without condemning him to confiscation and perpetual prison, if he has been a heretic, and those thus condemned must perform their penance most rigidly, not speaking with any one except on the days when they go to mass and hear sermons; on other days, both in going out and in eating, they must show themselves true penitents, holding no intercourse with wives and children.[420]This seems to have received scant obedience and, in 1506, the Suprema ordered that sanbenitos be placed on all prisoners, and that they must not leave their houses and then, in 1509, it prescribed that perpetual prisons must be provided. Apparently this was partially successful, for it was followed by instructions that all who had been or should be condemned must be placed in them, where they can ply their trades, or their kindred can supply them with food, or they may beg alms for their support. Thus, in 1510, Llerena selected two pairs of houses for the purpose, which Ferdinand ordered the governor of Leon to have appraised. Cuenca also seems to have obtained a prison, but an inadequate one, for in 1511 the Suprema authorized the tribunal to permit all the sick, and all who had been confined for two years, to betake themselves to their homes. Where such prisons existed the discipline must have been exceedingly lax for, in 1512, the Suprema issued a general provision empowering the tribunals to allow the destitute occupants of the perpetual prisons to go out by turns to beg in the cities, but they must wear their sanbenitos and return by nightfall, under penalty of relapse, and this was repeated in 1513. Then the further effort to provide prisons seems to have been abandoned for, in 1514, Ximenes issued an order permitting the reconciled to fulfil their penances in their own homes.[421]
THE PENITENTIAL PRISON
This fluctuating policy and the extraordinary laxity which itreveals were not due to any humanitarian impulses. It was simply a continuous effort to shirk the responsibility of maintaining those whose property had been confiscated, and who were required by the canons to be incarcerated for life. The Inquisition obtained the plunder, it inflicted on its victims disabilities, which increased enormously the difficulty of self-support, it rendered them odious to the population by making them wear the sanbenito, it was in duty bound to provide prisons where they could be immured and prevented from infecting the community, but it neglected this duty and virtually told them that they might beg or starve. That death by starvation, indeed, was not uncommon is asserted in the project of reform drawn up, in 1518, by order of Charles V.
Still the tribunals seem to have made some progress in providing themselves with penitential prisons for, in 1524, the Suprema deemed it worth while to order that they should be inspected monthly, and the results be recorded in a book to be kept for that purpose.[422]By no means all had done so however. Barcelona, which occupied the royal palace, had found room there, in 1489, for its penitents, and in 1544 we hear of Gerónimo de Quadras as alcaide, on a salary of fifty ducats, out of which he was to pay for a person to conduct the prisoners to mass and to bring them back. Valencia was less advanced, for it could have had no prison in 1540, when it sentenced three women to keep as a prison such place as should be designated to them, but in 1546 it secured the services of Gerónimo de Quadras as alcaide, at a salary of thirty ducats. In 1550, however, he complained that he had never received his pay and, in 1554, we find the perpetual prison of Brianda de Garcete commuted to confinement in her own house, or other designated place, which would indicate that the attempt to establish a prison had been abandoned.[423]In 1553, Logroño apparently had none, for it assigned, to Juan Prebost, Bilbao and two leagues around as a prison, with the sanbenito.[424]This need not surprise us for, if in some tribunals there was an attempt to provide a perpetual prison, it was exceptional. In 1537 the Suprema had formally declared that it would be a novelty to support the penitents at the cost of the fisc; this could not and ought not to be done; there was no objection to their performingtheir penance in their own homes and the tribunals could arrange it accordingly. A few months later this was repeated; the reconciled could be sent to their houses to perform their penance, if they had no other means of support.[425]
At length the Instructions of 1561 endeavored to introduce some system in this scandalous state of things. The sentence of reconciliation condemned the penitent to prison and sanbenito for a specified term, during which he was to wear theabitopublicly over his other garments; he was to be confined in the perpetual prison, going to mass and sermon on Sundays and feast days, and on Saturdays performing certain devotions at a designated shrine.[426]To enforce this discipline the Instructions stated that, as many tribunals had no perpetual prison, houses should be bought for the purpose as, without them there were no means of knowing whether the reconciled performed their penance. The alcaide should help them in their necessity by giving them materials to work at their trades and help to support themselves, and the inquisitors should visit the prison several times a year.[427]This seems to have been followed by an effort to induce the tribunals to provide prisons, for, in 1562, Toledo was taken to task for having none. It not only did not supply the deficiency but demurred to the suggestion that it should at least furnish a person to see that the penitents performed their penance, and it was told that for three or four thousand maravedís of extra pay the portero could attend to this.[428]