He was then informed that the Promoter Fiscal of the Holy Office had an accusation to bring against him, and that it would be well for him, both as a means of discharging his conscience and despatching briefly his trial, to confess the whole truth before the accusation was presented, according as he had been previously exhorted, by which he would experience the mercy which the Holy Office extends towards all who confess freely; otherwise he was informed that the Fiscal would attend, and justice be executed.
Answered, that he had nothing more to say.
Straightway appeared the Secretary, Damian Fonolleda, who, by reason of the absence of the Fiscal, and the indisposition of Mateo Magre, Secretary, took upon him that office. He presented an accusation signed by him against the said Leonardo Phelipe, making oath that he did not present the same out of malice.
ACCUSATION.
I, the Fiscal of this Holy Office, appear before your Excellency, and accuse criminally, Leonardo Phelipe, needlemaker, born in the village of Agullon, in the bishopric of Gens, kingdom of France, and an inhabitant of the city of Tarragona, attached to the secret prison of this Inquisition, and now present, inasmuch as he, being a baptized and confirmed Christian, and enjoying all the graces and immunities which such persons may and ought to enjoy, not having the fear of G.o.d, his own conscience, or the justice administered by your Excellency before his eyes, has committed offences against our Holy Catholic Faith, by blaspheming and denying G.o.d our Lord, seeking favor and help from devils, and doing other things in the manner following.
1. He has many times been declared excommunicated in Barcelona, Tarragona, and other places, for not confessing in Lent according to his duty. And while he resided in the parish of St Thomas, in Valencia, he could not be persuaded to confess, although he received many admonitions to that effect from the rector of the said parish, thus remaining excommunicated, careless of the salvation of his soul.
2. Certain persons of his acquaintance rebuking him for not confessing, he blasphemed G.o.d and the Saints with such fury and malice that he appeared like a demoniac. He wears no rosary. Some one threatening him with a punishment from the Inquisition, he replied that he did not care for the Inquisition, and that he would not confess; also, that he wanted nothing from G.o.d which the devil could give him.
3. On Pa.s.sion Week, during the last Lent, some person was conducting him to the Jesuits of the aforesaid city of Tarragona, for the purpose of confession, out of charity towards him, and although it was in his power to comply with the precept in this instance, he refused, and fled from the church, to the great scandal of the confessor who was there to hear him, as well as other persons.
4. He is accustomed to deny G.o.d, and swear "by the head of G.o.d," and "the soul and body of Christ," repeating it commonly many times a day; also declaring that his living, and everything he gets, comes in the name of the devil and not of G.o.d. Some one rebuking him for this, he said that he believed what he pleased, and as to hearing ma.s.s on the days prescribed, he would take it upon trust; that the preachers said just what they chose, and did nothing but disturb the people.
5. He says that he does not fear G.o.d, and that if he knew there was a tavern in the other world, he should not care if he died, although his body were burnt.
6. I accuse him of having said that a man ought not to tell his sins to the confessor, and that it was nonsense for a man to tell anything but what he pleased. This being a proposition maintained by the false and reprobate sect of Martin Luther, and the prisoner belonging to France, a country where this sect prevails, it is to be presumed that he belongs to it.
7. Furthermore, it is to be supposed that the prisoner has committed many other offences against our Holy Catholic Faith, and uttered other blasphemies and heretical speeches, as well as known that other persons have done the same, all which he conceals like a bad Christian. Of this I intend to accuse him more formally. At present I do it in general terms, and although he has been exhorted by your Excellency to declare the truth, he has not done it, but has perjured himself.
For which reasons I request and supplicate your Excellency to admit my charges as proved, or such a portion of the same as shall suffice for the ends of justice in a definitive sentence, or whatever measure may be taken, and to declare my accusation fully proved, and the said Leonardo Phelipe guilty of the abovementioned offences, condemning him to the heaviest punishments by law thereto affixed, and executing them upon his person and goods, by turning him over to the secular arm of justice, as a punishment to himself and a terror to others. And I request that if necessary, he may be put to the torture, and that the same be continued and repeated till he confess the whole truth of himself and others.
And I formally swear that I do not present this accusation out of malice, but solely to accomplish the ends of justice, which I request at the hands of your Excellency.
DAMIAN FONOLLEDA, _Sec"y_.
The above accusation having been presented and read, the said Leonardo Phelipe was formally sworn to declare the truth in answer thereto, and it being read over, article by article, he answered as follows.
To the head of the accusation he answered, that he was the same Leonardo Phelipe whom the Fiscal accused, but that he had not committed any offences against our Holy Catholic Faith, nor denied our Lord, although he had sometimes sworn by his name.
To the first article he answered, that he had always confessed like other Christians, and in Valencia had not suffered a year to pa.s.s without doing so, and that he had never been excommunicated on this account.
To the second article he answered, that he denied it, for it was not true that he had no rosary. He made use of one in his prison eleven times, and now exhibited the same in his hands; which I, the Secretary, testify.
To the third article he answered, that he denied it, for it was not true; and that during the said Pa.s.sion Week, in the last Lent, he had confessed in the convent of St Francisco, in Tarragona; that he complied with the precepts of the Church, as he had stated in his first audience, and that this could be shown by the certificate of confession found upon him at the time of his imprisonment.
To the fourth article he answered, that he denied it, for it was not true.
To the fifth article he answered, that he denied it; that he trusted in G.o.d, and a heretic could not say such things.
To the sixth article he answered, that he denied it, for it was not true, and he could not imagine how such testimony could be borne against him.
To the seventh article he answered, that he had not committed any offence against our Holy Catholic Faith, nor knew that any other persons had committed offences, and that he had declared the entire truth and had not perjured himself.
To the conclusion of the accusation, he answered that even if he were put to the torture he could say nothing more.
The above is the truth according to the oath of the prisoner, and having been read, was declared by him to be correctly recorded. Not being able to write, I, the Inquisitor sign the same.
DR DOMINGO ABBAD Y HUERTA.
Before me--
MIGUEL RODRIGUEZ.
The said Inquisitor then ordered the prisoner to be furnished with a copy of the accusation, that he might on the third day make an answer thereto with the counsel and a.s.sistance of one of the lawyers who defend cases in this Holy Office, namely, Dr Francisco Magrinya, and the Rector of the Company of Jesus. He was allowed to select one of these persons and made choice of Dr Magrinya.
The Inquisitor then ordered him to be summoned, and the prisoner having been admonished to bethink himself, was remanded to prison.
Before me--
MIGUEL RODRIGUEZ.
AUDIENCE TO COMMUNICATE THE ACCUSATION AND PROOF.
In the Royal Palace of the Inquisition of Barcelona, on the twentyninth day of May, one thousand six hundred and thirtyseven, the Inquisitor, Dr Domingo Abbad y Huerta presiding sole at his morning audience, ordered the abovementioned Leonardo Phelipe to be brought out of prison; which being done, he was
Questioned, if he remembered anything relating to his cause which he was bound by his oath to divulge.
Answered, that he had nothing more to say.
He was then informed that Dr Francisco Magrinya was present, whom he had chosen for his advocate, and that he might confer with him about his defence. The said Dr Magrinya swore _in verbo sacerdotis_ to defend well and faithfully the said Leonardo Phelipe so far as justice allowed, to inform him if his case was not a good one, to do all which a good advocate is bound to do, and to preserve secrecy in everything.
The confessions of the prisoner were then read, together with the accusation and his answers, and the prisoner conferred with his advocate who advised him as the best means of discharging his conscience and despatching his trial, to confess the truth without bearing falsewitness either against himself or any other person, and, if he were guilty, to beg pardon, by which he would experience mercy.
Answered, that he had declared the truth in his confessions, and denied the accusation so far as it went beyond this. He begged in consequence to be set at liberty, and to be mercifully dealt with, for what he had confessed. He declared, that after publication of the testimony, he should more formally present matter for his defence.
The Inquisitor then ordered this to be notified to the Promoter Fiscal of this Holy Office, upon which Mattheo Magre, the senior Secretary, acting as Fiscal, answered, that he accepted the confessions of the said Leonardo Phelipe, so far as they were favorable to the accusation, and no farther, denying all the rest. He requested that the proofs might be exhibited.
The Inquisitor declared that the cause should be judged definitively, and the proofs received _salvo jure impertinentium et non admittendorum_, according to the style of the Holy Office. The same was notified to both parties.
The Promoter Fiscal then stated that he produced anew and presented the testimony and proofs against the said Leonardo Phelipe, received and registered in the Holy Office. He requested that they might be substantiated and ratified in form, that all other necessary investigations might be made and the testimony published.
The prisoner then being exhorted to bethink himself and declare the truth, was remanded to prison, which I, the abovementioned Secretary certify.
Before me--
MIGUEL RODRIGUEZ.