The Doctor Juan Perez de Pineda, whose effigy was the third in the _auto-da-fe_, was born at Montilla in Andalusia; he was placed at the head of the College _de la Doctrina_, in which the young people of Seville were educated.
He made his escape when he was informed that the inquisitors were about to arrest him as suspected of Lutheranism. Proceedings were inst.i.tuted against him as contumacious, and he was condemned as a formal Lutheran heretic. He had composed several works: the Index prohibited the following: The Holy Bible, translated into the Castilian tongue; a Catechism, printed at Venice in 1556 by Pedro Daniel; The Psalms of David in Spanish; and a Summary of the Christian Doctrine. Juan Perez had attained a great age when he was condemned. Of the fourteen persons who were reconciled in the second _auto-da-fe_ the most remarkable were:--
Julian Hernandez, surnamed the _Little_, a native of Villaverde. The wish to promulgate Lutheran books in Seville induced him to go to Germany. He gave the books to Don Juan Ponce de Leon, who undertook to distribute them. He pa.s.sed more than three years in the prisons of the Holy Office, and was tortured several times, to force him to discover his accomplices. He bore the torture with a fort.i.tude far above his physical strength, and remained faithful to his creed. When he arrived at the stake he arranged the wood around him so as to burn quickly; the Doctor Ferdinand Rodriguez, who attended him, demanded that the gag should be taken from his month, that he might make his confession, but Julian opposed it, and he was burnt.
Nicholas Burton, born in England, was condemned at an impenitent Lutheran heretic. It is impossible to justify the conduct of the inquisitors to this Englishman, and several other foreigners who had not settled in Spain, and were merely returning to their respective countries after having transacted their commercial affairs. This man came to Spain in a vessel laden with merchandise, which, he said, was all his own property, but of which some part belonged to John Fronton, who was reconciled in this _auto-da-fe_. Burton refused to abjure, and was burnt alive; the inquisitors seized his vessel and its freight, thus proving that avarice was the princ.i.p.al motive of the Inquisition. The inquisitors were guilty of a great cruelty in this instance, and the commerce of Spain would perhaps have been destroyed, if the violence committed against Burton, and some others, had not been protested against by the different powers, which induced Philip IV. to prohibit the inquisitors from molesting foreign merchants and travellers, if they did not attempt to promulgate heretical opinions; but the inquisitors eluded this order, by pretending that they brought prohibited books into the kingdom, or spoke in favour of heresy.
Gonzalez de Montes speaks of the arrival in Spain of a very rich stranger, named Rehukin, whose vessel was finer and better built than any that had ever appeared at San-Lucar de Barrameda. The Inquisition arrested him as an heretic, and confiscated his property; the merchant proved that the vessel did not belong to him, and that it could not be included in the confiscation; but his efforts to recover it were useless.
Two other foreigners shared the fate of Burton. One was an Englishman named William Brook, born at Sarum, and a sailor; the other was a Frenchman of Bayonne, named Fabianne, whose trade required his presence in Spain.
The _Beata_ protected by Francis Zafra, who had recovered her senses, but persisted in her heresy, was burnt in this _auto-da-fe_, with five women of her family. Thirty-four persons were condemned to penances. The most remarkable instances were:--
John Fronton, an Englishman of the city of Bristol, who came to Seville, where he was informed of the arrest of Nicholas Burton. He was the proprietor of a considerable part of the merchandise taken from Burton, and after proving this fact by doc.u.ments which he brought from England he claimed rest.i.tution. He was subjected to great delays and expenses, but as it was impossible to deny his rights, the inquisitors promised to restore the merchandise: in the mean time they contrived that witnesses should appear and depose that John Fronton had advanced heretical propositions, and he was taken to the secret prisons. The fear of death induced Fronton to say everything that the inquisitors required, and he demanded reconciliation. He was declared to be _violently suspected_ of the Lutheran heresy. This was sufficient to authorize the inquisitors to seize his property, and he was reconciled, condemned to forfeit his merchandise, and to wear the _san-benito_ for the s.p.a.ce of one year.
This is a remarkable proof of the mischief produced by the secrecy of the inquisitorial proceedings. If the affair of John Fronton had been made public, any lawyer would have shown the nullity and falsehood of the _instruction_. Yet there are Englishmen who defend the tribunal of the holy office as a useful inst.i.tution, and I have heard an _English Catholic priest_ speak in its defence. I represented that he did not understand the nature of the tribunal; that I was not less attached to the Catholic religion than he, or any inquisitor might be; but that if the spirit of peace and charity, humility and disinterestedness, inculcated by the Holy Scriptures, is compared with the system of severity, craft, and malice, dictated by the laws of the holy office, and the power possessed by the inquisitors (from the secrecy of their proceedings) of abusing their authority in defiance of natural and divine laws, the orders of the Popes and the royal decrees, it will be impossible not to detest the tribunal as only tending to produce hypocrisy.
Gaspard de Benavides was an alcalde of the prison of the Inquisition, and appeared in the _auto-da-fe_ with a flambeau; he was banished for life from Seville, and lost his place, for _having failed in zeal and attention in his employment_. Let this qualification and the sentence be compared with the crime of which he was accused. He purloined part of the small rations of the prisoners, the food which he gave them was of a bad quality, and he made them pay for it, as if it was superior; he did not take care to prepare it properly, it was badly cooked and seasoned; he deceived them in the price of wood, and made false bills of expenditure. If any of the prisoners complained, he removed them to a dark and humid dungeon, where he left them for a fortnight or even longer, to punish them for murmuring; he did not fail to tell them that he did this by the order of the inquisitors, and that they were released at his intercession. When any prisoner demanded an audience, Gaspard (fearing that they would denounce him) did not inform the inquisitors of the request, and told the prisoner the next day that the inquisitors were so much occupied that they could not grant audiences. In short, there was no sort of injustice which he did not commit, until the moment when his conduct was discovered by chance.
Maria Gonzalez, a servant of this man, was condemned to receive two hundred stripes, and to be banished for ten years. Her crime was, having received money from some prisoners, and having permitted them to see and converse with each other.
Donna Jane Bohorques was declared innocent. She was the legitimate daughter of Don Pedro Garcia de Xeres y Bohorques, and the sister of Donna Maria Bohorques, who perished in a former _auto-da-fe_. She had married Don Francis de Vargas, lord of the borough of Higuera. She was taken to the secret prisons when her unfortunate sister declared that she was acquainted with her opinions, and had not opposed them; as if silence could prove that she had admitted the doctrine to be true. Jane Bohorques was six months gone with child; but this did not prevent the inquisitors from proceeding in her trial, a cruelty which will not surprise, when it is considered that she was arrested before any proof of her crime had been obtained. She was delivered in the prison; her child was taken from her at the end of eight days, in defiance of the most sacred rights of nature, and she was imprisoned in one of the common dungeons of the holy office. The inquisitors thought they did all that humanity required in giving her a less inconvenient cell than the common prison. It fortunately happened that she had as a companion in her cell a young girl who was afterwards burnt as a Lutheran, and who pitying her situation, treated her with the utmost tenderness during her convalescence. She soon required the same care; she was tortured, and all her limbs were bruised and almost dislocated. Jane Bohorques attended her in this dreadful state. Jane Bohorques was not yet quite recovered, when she was tortured in the same manner. The cords with which her still feeble limbs were bound penetrated to the bone, and several blood vessels breaking in her body, torrents of blood flowed from her mouth. She was taken back to her dungeon in a dying state, and expired a few days after. The inquisitors thought they expiated this cruel murder by declaring Jane Bohorques innocent, in the _auto-da-fe_ of this day. Under what an overwhelming responsibility will these monsters appear before the tribunal of the Almighty!
CHAPTER XXII.
OF THE ORDINANCES OF 1561, WHICH HAVE BEEN FOLLOWED IN THE PROCEEDINGS OF THE HOLY OFFICE, UNTIL THE PRESENT TIME.
The ancient laws of the holy office had been almost entirely forgotten, and the inquisitors merely followed a kind of routine in transacting their affairs. The inquisitor-general Valdes found it necessary to remedy this evil; and as a mult.i.tude of extraordinary cases had occurred since the publication of the Codes of Torquemada and his successor Deza, which had obliged the inquisitors to publish supplements and new declarations, he resolved to frame a new code, composed of those laws which experience had shown to be useful. This edict was published at Madrid, on the 2nd of September, 1561; it was composed of eighty-one articles, which have been, till the present time, the laws by which the proceedings of the Inquisition have been regulated.
_Preamble._ "We, Don Ferdinand Valdes, by the grace of G.o.d, Archbishop of Seville, apostolical inquisitor-general against heresy and apostacy in all the kingdoms and domains of his majesty, &c.; we inform you, venerable apostolical inquisitors, that we understand, that although it has been provided by the ordinances of the holy office, that the same manner of proceeding should be exactly followed in all the Inquisitions, there are, nevertheless, some tribunals where this measure has not been, and is not well observed. In order to prevent any difference for the future, in the conduct of the tribunals, and the forms which should be followed, it has been resolved, after communicating and consulting with the council of the general Inquisition, that the following order shall be observed by the tribunals of the holy office:--
1st. When the inquisitors admit an information, which shows that propositions have been advanced which ought to be denounced to the holy office, they must consult theologians of learning and integrity, and capable of qualifying the said propositions; they shall give their opinion in writing, accompanied by their signature.
2nd. If it is certain from the opinion of the theologians that the object of their examination is a matter of faith, or if it is apparent without consulting them, and the denounced fact is sufficiently proved, the procurator-fiscal shall denounce the author of it, and the individuals implicated, if there are any, and shall require that they be arrested[23].
3rd. The inquisitors shall be a.s.sembled to decide if imprisonment should be decreed; in doubtful cases, they shall summon consultors, if they find it necessary[24].
4th. When the proof is not sufficient to cause the arrest of the denounced person, the inquisitor shall not cite him to appear, or subject him to any examination, because experience has shown, that an heretic who is at liberty will not confess, and this measure only makes him more reserved and attentive in avoiding everything that may increase the suspicions or the proofs brought against him.
5th. If the inquisitors are not unanimous in decreeing an arrest, the writings of the trial shall be sent to the council, and this must likewise take place even when they are unanimous in their decisions, if the individuals to be arrested are persons of quality and consideration.
6th. The inquisitors shall sign the decree of arrest, and address it to the _grand alguazil_ of the holy office. When it relates to a formal heresy, this measure shall be immediately followed by the sequestration of the property of the denounced person. If several persons are to be imprisoned, a decree of arrest shall be expedited for each individual, distinct and independent of each other, to be separately executed: this precaution is necessary to ensure secrecy, in case one _alguazil_ cannot arrest all the criminals. A note shall be entered in the trial, stating the day on which the decree of arrest was delivered, and the person who received it.
7th. The _alguazil_ shall be accompanied, in the execution of the decree of imprisonment, by the recorder of the sequestrations, and the stewards. He shall appoint a depositary, and if the steward does not approve of the person mentioned, he shall appoint another himself, as he is responsible for the property.
8th. The recorder of the sequestrations shall note all the effects separately, with the day, the month, and year of the seizure; he shall sign it with the _alguazil_, the steward, the depositary, and the witnesses; he shall give a copy of this writing to the depositary; but if the others demand copies, he is permitted to require payment for them.
9th. The _alguazil_ shall deduct from the sequestrated property a sufficient portion to defray the expenses of the food, lodging, and journey of the prisoner; he shall give an account of what he received when he arrives at the Inquisition. If any money remains he shall give it to the cashier, to be employed in the maintenance of the prisoner.
10th. The _alguazil_ shall require the prisoner to give up his money, papers, arms, and everything which it might be dangerous for him to be in possession of; he shall not allow him to have any communication, either by speech or writing with the other prisoners, without receiving permission from the inquisitors. He shall remit all the effects found upon the person of the prisoner to the goaler, and shall take a receipt, with the date of the day on which the remittance took place. The gaoler shall inform the inquisitors of the arrival of the prisoner, and he shall lodge him in such a manner, that he cannot have at his disposal anything which might be dangerous in his hands, unless they are confided to him, and he is obliged to be responsible. One of the notaries of the holy office shall be present, and shall draw up the verbal process of the decree of imprisonment and its execution; even the hour when the prisoner entered the prison must be mentioned, as this point is important in the accounts of the cashier.
11th. The gaoler shall not lodge several prisoners together; he shall not permit them to communicate with each other, unless the inquisitors allow it.
12th. The gaoler shall be provided with a register, in which all the effects in the chamber of the prisoner, with the clothes and food which he receives from each detained person, shall be noted; he shall sign the statement with the recorder of the sequestrations, and shall give notice of it to the inquisitors; he shall not remit any food or clothing to the prisoners without examining them with great attention, to ascertain if they contain letters, arms, or anything of which they might make a bad use.
13th. When the inquisitors think proper, they shall order the prisoner to be brought into the chamber of audience; they shall cause him to sit on a bench or small seat, and take an oath to speak the truth, at this time, and on all succeeding audiences; they shall ask him his name, his surname, his age, his country, the place where he dwells, his profession and rank, and the time of his arrest; they shall treat him with humanity, and respect his rank, but without derogating from the authority of judges, that the accused may not infringe the respect due to them, or commit any reprehensible act towards their persons. The accused shall stand while the act of denunciation by the fiscal is read.
14th. The accused shall be afterwards examined on his genealogy. He shall be asked if he is married: if more than once, what woman he married: how many children he had by each marriage, their age, as well as their rank and place of dwelling. The recorder shall write down these details, paying attention to place each name at the beginning of a line, because this practice is useful in consulting registers, to discover if the accused is not descended from Jews, Moors, heretics, or other individuals punished by the holy office.
15th. When the preceding ceremony has pa.s.sed, the accused shall be required to give an abridged history of his life, mentioning those towns where he has made a considerable stay, the motives of his sojourn, the persons he a.s.sociated with, the friends he acquired, his studies, the masters he studied under, the period when he began them, and the time that he continued them; if he had been out of Spain, at what time and with whom he had quitted the country, and how long he had been absent.
He shall be asked if he is instructed in the truths of the Christian religion, and shall be required to repeat the _Pater-noster_, the _Ave Maria_, and the _Credo_. He shall be asked if he has confessed himself, and to what confessors. When he has given an account of all these things, he shall be asked if he knows or suspects the cause of his arrest, and his reply shall regulate the questions put to him afterwards. The inquisitors shall avoid interrupting the accused while he is speaking, and shall allow him to express himself freely while the recorder writes down his declarations, unless they are foreign to the trial. They shall ask all necessary questions, but shall avoid fatiguing him by examining him on subjects not relating to the trial, unless he gives occasion for it by his replies.
16th. It is proper that the inquisitors should always suspect that they have been deceived by the witnesses, and that they shall be so by the accused, and that they should not take either side; for, if they adopt an opinion too soon, they will not be able to act with that impartiality which is suitable to their station, and on the contrary will be liable to fall into error.
17th. The inquisitors shall not speak to the accused during the audience, or at other times, of any affair not relating to his own. The recorder shall write down the questions and replies; and, after the audience, he shall read it to the accused, that he may sign it. If he wishes to add, retrench, alter, or elucidate, any article, the recorder shall write after his dictation, without suppressing or certifying the articles already written.
18th. The fiscal shall present his act of accusation within the time prescribed by the ordinances; he shall accuse the prisoner of being an heretic in general terms, and afterwards mention, in particular, the facts and propositions of which he is charged. The inquisitors have not the right of punishing an accused person for crimes which do not relate to matters of faith; but if the preparatory instruction mentions any, the fiscal shall make it the object of an accusation, because this circ.u.mstance, and that of his general good or bad conduct, a.s.sists in determining the degree of credence to be given to his replies, and serves for other purposes in his trial.
19th. Although the accused may confess all the charges brought against him in the first audiences of _admonition_, yet the fiscal shall draw up and present his act of accusation, because experience has shown, that it is better that a trial, caused by the _denunciation_ of a person who is a party in the cause, should be continued and judged at the prosecution of the _denunciator_; that the inquisitors may be at liberty to deliberate on the application of punishments and penances, which would not be the case if they proceeded _officially_.
20th. Whenever the accused shall be admitted to an audience, he shall be reminded of the oath which he has taken to speak the truth.
21st. At the end of his requisition, the fiscal shall introduce a clause, importing, that if the inquisitors do not think his accusation sufficiently proved, they are requested to decree the torture for the accused, because, as it cannot be inflicted without previous notice, it is proper that the accused should be informed that it has been required; and this moment appears the most convenient, because the prisoner is not prepared for it, and he will receive the notice with less agitation.
22nd. The fiscal shall himself present his requisition, or demand in accusation, to the inquisitors; the recorder shall read it in the presence of the prisoner, the fiscal shall make oath that he does not act from bad intentions, and retire; the accused shall then reply successively to all the articles of the act, and the recorder shall write down his answers in the same order, even if they are only denials.
23rd. The inquisitors shall give the prisoner to understand that it is of great consequence to him to speak the truth. One of the advocates of the holy office shall be appointed to defend him, who shall communicate with him in the presence of an inquisitor, in order to prepare himself to reply in writing to the accusation, after swearing fidelity to the accused, and secrecy to the tribunal, although he had already taken that oath at the time that he was appointed the _advocate of the prisoners of the holy office_. He must endeavour to persuade the accused that it is of the greatest consequence to be sincere, to ask pardon and submit to a penance if he acknowledges his guilt. His reply shall be communicated to the fiscal, who, with the prisoner and his advocate, shall be present at the audience, and shall demand the proofs. The inquisitors shall admit the requisition, but without naming the day or informing the parties of it, because neither the accused nor any other person in his name has the right of being present when the witnesses take their oaths.
24th. The recorder shall read to the advocate all that the accused has declared relating to himself, but shall omit all that he has said concerning others; this communication is necessary to the advocate, that he may establish the defence of his client. If he wishes to make any additions to his declaration, the advocate must be obliged to retire.
25th. If the accused has attained the age of twenty-five years, a guardian shall be appointed for him before the accusation is read. The advocate may fill that office, or any other person of known honour and integrity. The prisoner, with the approbation of his guardian, shall ratify all that he has declared in former audiences; and he shall afterwards be attended by the same person in all the circ.u.mstances of the trial.
26th. Where the proof has been admitted, the fiscal shall announce in the presence of the accused, that he reproduces and presents the witnesses and the proofs which existed in the writings and the registers of the holy office; he shall demand that they proceed to the _ratification_ of the witnesses who have been examined in the preparatory instruction, that the witnesses shall be confronted and the depositions published. If the accused or his advocate speak at this time, the recorder shall write down all that they say.
27th. If the accused confesses himself guilty of another crime, after the proof is admitted, the fiscal shall accuse him of it, and he shall be prosecuted according to the ordinary forms. If the proof of the first crime is increased, it will be sufficient to inform the prisoner of the circ.u.mstance.
28th. In the interval between the proof and the publication, the prisoner may demand audiences, through the gaoler. The inquisitors must grant them without delay, in order to profit by the inclination of the accused, which may change from day to day.
29th. The inquisitors must not neglect to cause the _ratification_ of the witnesses, or to take any measures to discover the truth.
30th. The _ratification_ of the witnesses shall take place before responsible persons, such as two priests, Christians of an ancient race, and of a pure life and reputation. The witnesses shall be asked in their presence if they recollect having deposed in any trial before the Inquisition: if they reply in the affirmative, they shall be questioned on the circ.u.mstances, and the persons interested in it. When they have given satisfaction on this article, they shall be informed that the fiscal has presented them as witnesses in the trial of the prisoner.
Their first declaration shall be read to them, and if they say that they have attested those facts, they shall be required to ratify them, making any additions, suppressions, explanations, and alterations, which they may think proper. These shall all be mentioned in the verbal process: it shall also be stated if the witness is at that time at liberty or detained in the chamber of audience, or in his chamber, and why he has not appeared in the ordinary place.
31st. When the ratification of the witnesses is concluded, the publication shall be prepared, taking a copy of each deposition; it shall be literal, except in all that may tend to discover the witnesses to the accused. If the declaration is too long, it shall be divided into several chapters. At the publication of the depositions, they shall not be read to the accused all at once, nor all the articles of a long declaration. The first head of the deposition of the first witness shall be read to him, that he may reply to it with more precision and facility; they shall then pa.s.s to the second chapter, then to the third, following the same order in all the depositions. The inquisitors shall hasten, as much as possible, the publication of the depositions, to spare the accused the anxiety of a long delay; they shall avoid all that may lead him to suppose that new charges have been brought against him, or that those already made are more extended than in their own declarations; and although such circ.u.mstances may have occurred, and the accused has denied the charges, they shall cause the delay of the formalities and the conclusion of the trial.
32nd. The inquisitors shall fulfil the form of the _publication_, dictating to the recorder all that is to be written in the presence of the accused, or they shall write it themselves and sign it. This writing shall be dated with the year, the month, and the day, when the witness deposed, provided that it is not convenient to do so; it would be improper if the deponent was in prison. They shall also mention the time and place when the facts occurred, because this is useful to the accused in his defence; but the place must only be designated in general terms.