Seventhly, that the inquisitors should carefully examine into the expediency of admitting to reconciliation those who confessed their crimes after their arrest, since they might be considered as contumacious, as the Inquisition had been established many years.
Eighthly, that the inquisitors should punish false witnesses publicly.
Ninthly, that two men related in any degree should not be employed in the holy office, nor a master and his servant, even in case their functions should be entirely distinct.
Tenthly, that each tribunal should have archives secured by three locks, the keys of which should be placed in the hands of the two notaries and the fiscal.
Eleventhly, that the notary should receive the testimony of witnesses only in the presence of an inquisitor, and that the two priests commissioned to prove the truth of the deposition should not belong to the tribunal.
Twelfthly, that the inquisitor should establish the Inquisition in all towns where it did not already exist.
Thirteenthly, that in all difficult cases the inquisitors should consult the council.
Fourteenthly, that the women should have a prison separated from that of the men.
Fifteenthly, that the officers of the tribunal should perform their functions six hours in a day, and that they should attend the inquisitors whenever they were required.
Sixteenthly, that after the inquisitors had received the oath of the witnesses in presence of the fiscal, he should be obliged to retire.
Besides these ordinances, Torquemada established several particular regulations for each individual belonging to the tribunal: all the persons employed were obliged to take an oath that they would not reveal anything they might see or hear: the inquisitor was not allowed to remain alone with the prisoner; the gaoler could not allow any person to speak with him, and was obliged to examine if any writings were concealed in the food which was given him. These were the last regulations framed by Torquemada, but Diego Deza, his successor, published a fifth _instruction_ at Seville, in 1500.
Such were the laws of the holy office in Spain. This code caused the emigration of more than a hundred thousand families useful to the state, and the loss of many millions of francs which were spent at the court of Rome, either for the bulls which it expedited, or by those who repaired thither to solicit their absolution from the Popes. The holy see was far from complaining of this practice, as it brought immense sums to the treasury, and no person who presented himself with his money before the apostolical penitentiary, failed of obtaining the absolution he solicited, or an order for absolution elsewhere.
This conduct displeased the inquisitors: depending on the protection of Ferdinand and Isabella, they expostulated with the Pope, who annulled the absolutions already granted, thus deceiving those who had spent the greatest part of their fortunes in endeavouring to obtain them. He then promised new pardons on new conditions, contrary to the engagement he had entered into with Ferdinand, to abolish every means of appeal to the Court of Rome. Such was the constant practice of the holy see during thirty years after the establishment of the Inquisition in Spain.
CHAPTER VIII.
EXPULSION OF THE JEWS.--PROCEEDINGS AGAINST BISHOPS.--DEATH OF TORQUEMADA.
In 1492 Ferdinand and Isabella conquered the kingdom of Grenada. This event offered a mult.i.tude of victims to the holy office in the persons of the Moors, who were converted merely in the hope of obtaining consideration, and after their baptism returned to Mahometanism. John de Navagiero, in his travels in Spain, states, that Ferdinand had promised the Morescoes, (as those Moors were called who became Christians,) that the Inquisition should not interfere with them for the s.p.a.ce of forty years, but that the Inquisition was established in the kingdom of Grenada, on the pretence that many Jews had taken refuge there. This statement is not exact; the sovereigns only promised that the Moorish Christians should not be prosecuted except for serious crimes, and the Inquisition was not introduced among them before 1526.
It was in the year 1492 that the unbaptized Jews were expelled from Spain. They were accused of persuading those of their nation who had become Christians to apostatize, and of crucifying children on Good-Friday, in mockery of the Saviour of the world, and of many other offences of the same nature. The Jewish physicians, surgeons, and apothecaries, were also accused of having taken advantage of their professions, to cause the death of a great number of Christians, and among others, that of Henry III., which was attributed to his physician, Don Mar.
The Jews, in order to avert the danger which threatened them, offered to supply Ferdinand with thirty thousand pieces of silver to carry on the war against Grenada; they promised to live peaceably, to comply with the regulations formed for them, in retiring to their houses in the quarters a.s.signed to them before night, and in renouncing all professions which were reserved for the Christians. Ferdinand and Isabella were willing to listen to these propositions; but Torquemada, being informed of their inclinations, had the boldness to appear before them with a crucifix in his hand, and to address them in these words:--
"Judas sold his master for thirty pieces of silver, your highnesses are about to do the same for thirty thousand; behold him, take him, and hasten to self him."
The fanaticism of the Dominican wrought a sudden change in the minds of the sovereigns, and they issued a decree on the 31st of March 1492, by which all the Jews were compelled to quit Spain before the 31st of July ensuing, on pain of death, and the confiscation of their property; the decree also prohibited Christians from receiving them into their houses after that period. They were permitted to sell their stock, to carry away their furniture and other effects, _except gold and silver, for which they were to accept letters of change, or any merchandise not prohibited_.
Torquemada commissioned all preachers to exhort them to receive baptism, and remain in the kingdom. A small number suffered themselves to be persuaded; the rest sold their goods at so low a price, that Andrew Bernaldez (a contemporary historian) declares, in his history of the Catholic Kings, that he saw _the Jews give a house for an a.s.s, and a vineyard for a small quant.i.ty of cloth or linen_.
According to Mariana, eight hundred thousand Jews quitted Spain, and if the Moors, who emigrated to Africa, and the Christians who settled in the New World, are added to the number, we shall find that Ferdinand and Isabella lost, through these cruel measures, two millions of subjects.
Bernaldez affirms, that the Jews carried a quant.i.ty of gold with them, concealed in their garments and saddles, and even in their intestines, for they reduced the ducats into small pieces, and swallowed them. A great number afterwards returned to Spain, and received baptism. Some returned from the kingdom of Fez, where the Moors had seized their money and effects, and even killed the women, to take the gold which they expected to find within them. These cruelties can only be attributed to the fanaticism of Torquemada, to the avarice and superst.i.tion of Ferdinand, and to the inconsiderate zeal of Isabella, who, nevertheless, possessed great gentleness of character, and an enlightened mind.
The other European courts were not thus influenced by fanaticism, and paid no attention to a bull of Innocent VIII., which commanded all governments to arrest, at the desire of Torquemada, the fugitives whom he should designate, on pain of excommunication; the monarch was the only person exempted from the penalty.
The insolent fanatic, Torquemada, while he affected to refuse the honour of episcopacy through modesty, was the first who gave the fatal example of subjecting bishops to trial. Not satisfied with having obtained from Sixtus IV. the briefs which prohibited bishops of Jewish origin from interfering in the affairs of the Inquisition, he even wished to put two on their trial, namely, Don Juan Arias Davila, Bishop of Segovia; and Don Pedro de Aranda, Bishop of Calahorra. He made his resolution known to the Pope, who informed him that his predecessor, Boniface VIII., had prohibited the Inquisition from proceeding against bishops, archbishops, or cardinals, without an apostolical commission; but if any prelate was accused of heresy, he charged Torquemada to send him a copy of the informations, that he might decide on the method to be pursued.
Torquemada immediately began to take secret informations of the conduct of the bishops, and the Pope sent Antonio Palavicini, Bishop of Tournai, to Spain, with the t.i.tle of apostolical nuncio, when he received the informations of Torquemada, and returned to Rome, where the two bishops were cited to appear and defend themselves. Don Juan Arias Davila was the son of Diego Arias Davila, who was of Jewish origin, and was baptized after the preaching of St. Vincent Ferrier; he afterwards became chief financier to the kings John II. and Henry IV. Henry IV.
enn.o.bled him, and gave him the lordship of the Castle of Punonrostro, and several other places which form the countship of Punonrostro, and the t.i.tle of Grandee of Spain, which has been possessed by his descendants from the time of Pedro Arias Davila, the first count, and brother to the bishop, and who was also chief financier to Henry IV. and Ferdinand V. The rank of the bishop did not intimidate Torquemada; informations were taken by his order, and the result was, that Diego Arias Davila died a Judaic heretic: the object which the inquisitor-general had in view, was to condemn his memory, confiscate his property, and to disinter his body, in order to burn it with his effigy. As, in all affairs of this nature, the children are cited to appear, Don Juan Arias Davila was obliged to repair to Rome in 1490, to defend his father and himself, although he had arrived at a great age, and had been Bishop of Segovia thirty years. He was well received by Alexander VI., who appointed him to accompany his nephew, the Cardinal Montreal, to Naples, when he went to crown Ferdinand II. Davila returned to Rome, and died there in 1497, after having cleared the memory of his father.
Don Pedro Aranda, Bishop of Calahorra, was not so fortunate. He was the son of Gonzales Alonzo, a Jew, who was also baptized in the time of St.
Vincent Ferrier, and who was afterwards master of a chapel. Gonzales had the pleasure of seeing both his sons attain the dignity of bishops: the eldest was Archbishop of Montreal in Sicily, the second was made Bishop of Calahorra, in 1478, and president of the Council of Castile in 1482; yet in 1488 he was the object of a secret instruction, directed by Torquemada, which however did not prevent him from convoking a synod in the town of Logrogna, in 1492. At that period Torquemada, and the other inquisitors of Valladolid, undertook the trial of Gonzales Alonzo, to prove that he had died a Judaic heretic. The inquisitors of Valladolid and the bishop of the diocese could not agree on the sentence to be p.r.o.nounced on the accused; and his son, Don Pedro Aranda, obtained a brief from Alexander VI., by which this affair was referred to Don Inigo Manrique, Bishop of Cordova, and John de St. John, prior of the Benedictines at Valladolid. They were commissioned to p.r.o.nounce judgment and execute the sentence, without any interference on the part of the Inquisition. Their decision was favourable to Gonzales.
The bishop, his son, gained the esteem of the Pope, who made him chief major-domo of the pontifical palace, and sent him as amba.s.sador to Venice, in 1494. These marks of favour did not cause the inquisitors to relax in their zeal: they proceeded in their trial against Don Pedro, for heresy: his judges were the archbishop, the Governor of Rome, and two bishops, auditors of the apostolical palace. Don Pedro called one hundred and one witnesses for his defence; but unfortunately every one of them had something to advance against him, on different points. The judges made their report to the Pope, in a secret consistory, in 1498, who, with the cardinals, condemned the bishop to be deprived of his offices and benefices, to be degraded from his episcopal dignity, and reduced to the rank of a simple layman. He was confined in the Castle of Santangelo, where he died some time after.
Thomas de Torquemada, first inquisitor-general of Spain, died the 16th of November, 1498. The miseries which were the consequences of the system which he adopted, and recommended to his successors, justify the general hatred which followed him to the tomb, and compelled him to take precautions for his personal safety. Ferdinand and Isabella permitted him to use an escort of fifty _familiars_ of the Inquisition on horseback, and two hundred others on foot, whenever he travelled. He also kept the horn of a unicorn on his table, which was supposed to discover and neutralize poisons. It is not surprising that many should have conspired against his life, when his cruel administration is considered: the Pope himself was alarmed at his barbarity, and the complaints which were made against him; and Torquemada was obliged to send his colleague, Antonio Badoja, three times to Rome, to defend him against the accusations of his enemies.
At last Alexander VI., weary of the continual clamours of which he was the object, resolved to deprive him of his dignity, but was deterred from so doing through consideration for the Court of Spain. He therefore expedited a brief in 1494, saying, that as Torquemada had arrived at a great age, and suffered from many infirmities, he had named four inquisitors-general, invested with the same powers which he possessed.
The familiars of the holy office, who were employed as the body-guard of the inquisitor-general, were the successors of the familiars of the Old Inquisition. They were commissioned to pursue the heretics, and persons suspected of heresy, to a.s.sist the officers of the tribunal in taking them to prison, and to do all that the inquisitors might require.
It has been shown that the Spaniards received the Inquisition with reluctance; but as they were obliged to endure it when once established, some prudent persons thought they should be more secure from the danger of incurring suspicion, if they appeared devoted to the cause, which was the reason why several ill.u.s.trious gentlemen offered to become _familiars of the holy office_, and were admitted into the congregation of St. Peter. Their example was followed by the inferior cla.s.ses, and encouraged by Ferdinand and Isabella, who bestowed several immunities and privileges on them.
CHAPTER IX.
OF THE PROCEDURE OF THE MODERN INQUISITION.
After the death of the Inquisitor-general, Torquemada, Ferdinand and Isabella proposed Don Diego Deza, a Dominican, to the Pope, as his successor. Deza was Bishop of Jaen, and afterwards became Archbishop of Seville. The Pope signed his bulls of confirmation on the 1st of December, 1498, but limited his authority to the affairs of the kingdom of Castile. Deza was displeased at a restriction which did not exist in the bulls of his two colleagues, and refused to accept the nomination, until the Pope invested him with the same power over Aragon, in a bull, in 1499. The new inquisitor-general did not show less severity in the exercise of his office than his predecessor; but, before I enter on this part of the history, it is necessary to give some account of the mode of proceeding of the holy office, as it was the work of Torquemada, the effect of the laws which he formed, and properly belongs to his history.
The processes in the Inquisition began by a denunciation, or some other information, such as a discovery accidentally made before the tribunal in another trial. When the denunciation is signed, it takes the form of a declaration, in which the informer, after having sworn to the truth of his deposition, designates those persons whom he presumes, or believes, to have anything to depose against the accused person. These persons are then heard, and their depositions, with that of the first witness, form the _summary of the information, or the preparatory instruction_.
_Inquest._
When the tribunal judged that the actions or words which were denounced were sufficient to warrant an inquiry to establish the proofs, the persons who had been cited as knowing the object of the declaration were examined, and were obliged to take an oath not to reveal the questions which were put to them. None of the witnesses were informed of the subject on which they were to make their depositions; they were only asked in general terms, _if they had ever seen or heard anything which was, or appeared, contrary to the Catholic faith, or the rights of the Inquisition_.
Personal experience has shown me that the witnesses who were ignorant of the cause of their citation often recollected circ.u.mstances entirely foreign to the subject, which they made known, and were then interrogated as if their examination had no other object; this accidental deposition served instead of a denunciation, and a new process was commenced.
The declarations were written down by the commissary or notary, who usually aggravated the denunciation, as much as the arbitrary interpretation of the improper or equivocal expressions used by ignorant persons would permit. The declaration was twice read to the witnesses, _who did not fail to approve all that had been written_.
_Censure of the Qualifiers._
When the inquisitors examine the preliminary _instruction_, if they find sufficient cause to proceed, they send a circular to all the tribunals in the province to inquire if any charges against the accused exist in their registers. This proceeding is called the _review of the registers_. Extracts are made of the propositions against the accused, and if each is expressed in different terms, which is almost always the case, they are sent as accusations advanced on different occasions. This writing was then remitted to the theologians, _qualifiers of the holy office_, who write at the bottom of the page if the propositions merit the _theological censure_, as heretical, if they give occasion to suppose that the person who p.r.o.nounced them approved of any heresy, or if he is only suspected of that crime.
The declaration of the _qualifiers_ determines the proceedings against the accused, until the trial is prepared for the definite sentence. The _qualifiers_ were generally scholastic monks, almost entirely unacquainted with true dogmatic theology, and who carried fanaticism and superst.i.tion to such a height as to find heresy in everything which they had not studied: this disposition has often caused them to censure some of the doctrines of the fathers of the church.
_Prisons._