.*;? •^*'*f i\^ 1 ,17' „ ^ ^^^ ^;fM^* LIBRARY OF THE UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN P72.2 P96EW v.l The person charging this material is re- sponsible for its return to the library from which it was withdrawn on or before the Latest Date stamped below. Theft, mutilation, and underlining of books are reasons for disciplinary action and may result in dismissal from the University. UNIVERSITY OF ILLINOIS LIBRARY AT URBANA-CHAMPAIGN APk 2 m' m hfn\f 0'"v^' OECi u \m MAR 3 VI ' V I vj m 1 1 198!' 1582 L161 — O-1096 mi'- Ns V 1 1^ ^* THE INQUISITION UNMASKED: BEIKG AX HISTORICAL AXD PHILOSOPHICAL ACCOUNT OF TttAT CrntimtJoiis Crtbuiial, FOUNDED ON AUTHENTIC DOCUMENTS; ATD EXHiBrrnfG THE NECESSITY OF ITS SUPPRESSIOX, AS A MEA\S OF REFORM AXD REGESERAFIOS'. WEITTEX AND PrSLISHED AT A TIME WHZX THE KATIONAL C0NGBZ5S OF SPAIN WAS ABOUT TO DELIBERATE OX THIS IMPOBTANT MEASCEE, BY D. ANTONIO PUIGBLANCH. TRANSLATED FROM THE AUTHOR S ENLARGED COPY, BY WILLIAM WALTON, Esa- VOL I. LOXDON: PRINTED FOR BALDWIN, CRADOCK, AXD JOT. PATERNOSTER-ROW ; AND J. BOOTH, DUKE-STREET, PORTLAND-PLACE. 1S16, C. Baldwin, Printer, New Bridge-atreet, tondon. v.i TO HIS ROYAL HIGHNESS THF. DUKE OF GLOUCESTER, Sfc. Sfc. 8fc. X HE exalted manner in which Your Royal Highness has ever been distinguished as the active friend of humanity, and the zealous ad- vocate of liberal principles in every quarter of the globe, has made me desirous of obtaining Your Royal Highness's patronage for the Eng- lish edition of a work which most contributed to overthrow the Inquisition in Spain — an oc- currence more remarkable, if not so interesting, as the abolition of the Slave Trade in our own country ; for though the victims of the one were fewer, its theory and practice were no less shocking to humanity than opposed to the moral acquirements of the day. a 2 IV DEDICATION. No one would have rejoiced more cordially than Your Royal Highness if that triumph had been lasting: still the annals of the event, and the means by which it was achieved, are sub- jects of the deepest interest to every one, and must be particularly so to Your Royal High- ness. This consideration alone has induced me to solicit the present honour, which, whilst it confers on me an obligation, affords me the opportunity of expressing the profound respect and veneration with which I am Your Royal Highness's Most obedient and humble Servant, WILLIAM WALTON. Oct. I, 18IC. TRANSLATOR'S PRELIiMINARY REMARKS. In contemplating the rapid growth of the free prin- •ciples which, like a volcanic eruption, burst forth from the French revolution, it was prophetically observed, " that Church Power (unless some revolution auspi- cious to priestcraft should replunge Europe in igno- rance) would not survive the nineteenth century ; " and certainly no political prediction was ever nearer its acooraplisliment, when the late events in the Pen- insula opened upon us. At the time Napoleon had matured his plans for the invasion of Spain, that country exhibited the most abject state of political and religious torpor and debasement, and the people had acquired a settled habit of passive obedience and •slothful profligacy, from which it seemed impossible to rouse them. A principle of degeneracy had spread over the general face of public manners : the mass of the nation, immersed in ignorance and superstition, represented the picture of a people neither knowing their faculties nor their wants ; and, such had been the system and successful efforts of their rulers, that, far from promising any thing of that courage and perseverance which afterwards impelled them manfully to resist the insidious invasion of an cuetny, iheir Vi PRELIMINARY REMARKS energies appeared to have so much crouched under the dark shade of despotism, as to induce little hope that their imminent danger, or the stimulus of a fo- reign alliance, would be able to make them act on the impulse of national resentment, or rouse them to re- pel the wrongs and indignities with which they were assailed. Charles IV. a weak and inactive prince, had then governed about eighteen years ; but, subservient to an intriguing and dissipated wife, and guided only by a corrupt and ambitious minister, his reign had been distinguished by no act that could endear his name to posterity, or tend to solace the reverses of fortune which awaited him. On ascending the throne, he found that despotic and illiberal system in force which had gradually extinguished the martial spirit of the nation, overturned the fi'ee principles and constitu- tional charters possessed" by most of the provinces prior to the reign of Philip II., and broken down the bulwarks of civil freedom, so long the peculiar boast of Aragon and Navarre. Unaware of that evident truth, that the safeguard of a monaixh's throne is founded on the love he inspires and the good he has done, the preceding rulers of Spain had erected their power on the ignorance of their subjects and the de- gradation of the human mind ; and Charles, devoid of sufficient energy or discernment to deviate from the footsteps of his ancestors, was seemingly fearful of placing his kingdom on a level with those which had profited by the improvements of the age. Acting in the fullest sense on the principle that sovereignty is of divine institution and that the people possess no rights, the cultivation of those arts which embellish, ennoble, and preserve human life had been prevented ; the en- joyment of those studies which enlarge the faculties, OF THE TRANSLATOR. VU atsuage the fiercer passions, and soften the manners of a nation, had been proscribed ; till at last, absurd prejudices, taught in the schools and preached from the pulpit, liad led the mass of the people to believe that civil liberty, instead of a blessing, was a curse ; and that to pronounce it8 name was a crime punish- able with the severest anger of Heaven. The remembrance of the proud days of Spain seemed obliterated — enterprize and martial glory had lost their attractions — the possession of the new world had introduced effeminacy; riches, acquired without toil and divided only among a few persons, had engendered habits of luxury and corruption, whilst it appeared to be the chief aim of the court and nobility to forget the exalted and dignified character formerly attached to the Spanish name, and to cause the nation to assume no other than the supple and fri- volous refinements of Italian manners introduced by the queen. Hence the arts and sciences, which had made so rapid a progress in other parts of Europe, were stationary in Spain, or only pursued in the greatest seclusion ; nor wei*e any other improvements attempted than those which the caprice or passions of a profligate minister thought proper to dictate. Thus, whilst the retainers of the crown wallowed in riches, their tenants and all the lower orders were de- pressed by indigence, and debased by a total want of instruction; nor did the scanty produce of their la- bours seem their own, it served rather to feed the pampered appetites of their lords, or to be absorbed in the monastic burdens of the state. The public re- venues, destined for the defence or melioration of the country, were spent in ostentatious magnificence; often wrested from a wretched peasantry or the shackled and unprotected merchant, they were Ik- Viii PRELIMINARY REMARKS vished by the hand of fanatical zeal, or appropriated to support the luxury of men in power. A handful of privileged nobles and favourites were every thing, and the people nothing. Consideration, power, with enjoyments of every kind, fell to the lot of the former, whilst the latter had to endure hardships, contumely, and servile obedience, without being allowed to re- monstrate. Neither talents, courage, nor virtue, could fill up the immense distance placed between the only two existing classes of the community. Religion itself had been made subservient to politi- cal purposes and base and selfish interests, or was only known by the increasing profligacy of its minis- ters. The legislative, executive, and judiciary powers, were held by the same hand — the administration of justice confided to venal minions — the judges, under regal or ministerial influence and open to corruption, were no longer the protectors of right and innocence against unfeeling and unprincipled power ; whilst a systematic plan of superstition and pious fraud had poisoned all the sources of religious truth and mo- lality, and tainted the general mass of society with li- centiousness and vice. The preposterous union of civil with ecclesiastical authority had armed the min- isters of the altar with weapons of vengeance, and em- powered them to enforce their precepts by appealing to a penal code the most monstrous and cruel that was ever invented. In brief, bent down by a long series of tyrannic acts, even at the beginning of the present century, Spaniards appeared as a herd of cat- tle, formed only to comply with the caprices of their piasters, and to supply their wants. Nor was this state of things confined to European Spain. In the discoveries of the great Columbus every thing liberal was under a general interdict, and OF THE TRANSLATOR. IS a similarly degraded and benighted system existed in defiance of reason and reiterated remonstrances. The pressure of laws the most restrictive was there severely felt by the community ; the various sections were compelled to endure the galling trammels of a government in which the inhabitants had no share, and against which they could not appeal — a govern- ment wielded by men foreign to their interests and en- joying the emoluments of extortionate acts, at tlie same time that they were stained by every species of fraud and corruption. The people were thus held submie- sive to rapacious and vindictive tyrants at whose plea- sure the laws were either superseded or perverted ; nor did they possess any means of counteracting the dark and dishonest intrigues of men sent among them for the sole purpose of improving their fortunes in a given period of time, and consolidating a conquest vi^hich had been one continued series of indiscrimi- nate war and plunder, whereby the country was wrested from its ancient possessors and their descend- ants. Such was the picture exhibited b}' the Spanish mo- narchy, when the ruler of France threw oft' the mask of friendship, and entrapped the several members of the Royal Family. The nation was without fleets, armies, treasury, or arsenals ; public credit was ex- tinct; a considerable debt had accunudated; the pi'ess ^as broken ; the strongest fortresses were already in possession of the enemy ; and, as a leading Spanish state^an of the day observed, " one of the most fa- tal symptoms under which the revolution of Spain early appeared, and which generally gave rise to the most sad prognostics respecting the issue of a resis- tance to the immense power by which the country was invaded, was, that the reputations of all IkkI been X PRELIMINARY REMARKS rendered suspicious to the nation. The private coun- cil of the King, his ministers, the superior ti'ibunals, the council of state, finally, every public man at that time placed in the higher hierarchy of government, had lost the confidence of the people." * In such a situation, how then was it possible to render the Spanish nation effective, and capable of repelling the numerous armies by which it was attack- ed, when, besides, its leading characters, chiefly the nobles or higher orders of the clergy, had already joined the enemy ? How was it possible to suspend, if not remove, the deadly effects of a despotism that had chilled the finest feelings of the heart, and enervated the best qualities of the mind ? How was it possible to find resources for the tremenduous strugffle" about to ensue ? Certainly this was only to be done by re- form, by reviving the fallen spirits of the nation, and by giving to it a form of government legal, po- pular, and substantial. Sunk from her rank in the scale of nations, exhausted and invaded by a power- ful foe, it was necessary for Spain to emerge from the debased state into which she had been plunged, and to dispel the dark gloom in which her inhabi- tants had been so long enveloped. It was essential to rouse and to inspire energies and confidence. And was this to be done in any other way than by assembling the Cortes, the ancient representative go- vernment of the Country, enthusiastically revered by all the least versed in the annals of Spanish history, and of which the nation had only been deprived by despotic and arbitrary power ? In seeking, therefore, to re-establish the liberty and independence of the nation in a legal manner, it was * Memoria dc Azanza y O-Farrill, sobre los Iicchos que justi- fican su conducta politica, ilosde Marzode 1808, hasta Abril, 1814. OF THE TRANSLATOR. xi necessary to recur to the ancient legislation of the realm, and to examine the fundamental statutes of Aragon, Navarre, and Castile. In the grand charter called the Fiiero Jusgo^ which regulates the rights of the nation, king, and people, the sovereignty of the lattey is expressly laid down ; and one of its principal clauses ordains that the crown is elective, and that no king can reign till he has been acknowledged by the bishops, grandees, and people, that is, by their re- presentatives. It further establishes that the laws are to be enacted by the delegates of the people, con^ jointly with the king, and that the latter has no au- thority but in conformity to the laws. The princi- palities of Aragon, Navarre, and Castile, had their respective Cortes or parliaments, which made laws, declared war, and granted money. These bodies constituted the legislative, and the king the executive authority. In Aragon, whose institutions were freer than those of Castile, the laws were anciently promulgated with this remarkable heading; " The King, ly the luill of the Cortes f ordains,'' &'c ; and in 1283, under Peter III. it was decreed " that the king should assemble the Cortes once in each year. " Another more recent law enacted by John II. in 14.18, is as follows. " Whereas in the' arduous cases occurring in our kingdoms, the advice of our subjects and people is necessary, especially of the representatives of the cities, towns, and districts of our said kingdoms, wherefore we ordain and command that respectino- all great and arduous emergencies, Cortes shall be as- sembled, and measures adopted through the counsel of the three estates of the realm, as the kings our predecessors did. " * » Vide El Especulo, Ley 5, Tit. 16, Lib, ?.-Also Leves de Castilla, Ley 3. Tit. 15. Part II,, et alibi. XU PRELIMINARY REMARKS Numerous other passages of a similar nature might be quoted from the fundamental statutes of the realm, tending to prove that, during the prevalence of na- tional calamities, or when the monarch died leaving his son under age, not only custom but the laws themselves prescribed that the lost authority should be replaced by a meeting of the popular representa- tives, the result of whose deliberations should have the force of law. So sacred even in Spanish legislation and history had been that same principle which placed the Brunswick family on the throne of England, and so well established the acknowledged axiom of the chief magistrate holding his authority from the peo- ple, that, in 1452, John II. of Aragon was deposed by the Cortes, as well as Henry IV. of Castile in 1465, in consequence of his mal-practices and administration. Under the minority of John II. the Cortes of Toledo deliberated whether the crown ought not to be trans- ferred to his uncle Ferdinand, in which case the de- puties of the nation founded themselves on the right of rejecting or attainting the king, whenever he had given sufficient room for such a measure. True it is that the despotic efforts of successive monarchs, as well as the ignorance of the times, had shrouded the ancient usages of the realm in obscurity, and its fundamental statutes were known only to the learned few ; but still they existed and were on record, notwithstanding the late governments had purposely prohibited the perusal of the history of the Cortes, as well as of every thing else that could remind the nation of its primitive rights. The original constitutions oi the various pi-ovinces were scarcely to be found but in the secluded archives or in the works of old conmien- tators, nevertheless they had not been repealed, nor was there any act on the part of the people by which they had been alienated or abandoned. Since the OF THE TRANSLATOR. Kltt time of the Emperor Charles V. and his immediate successor, they had not indeed been in actual force, but oppression and arbitrary power alone had caused tlieir exercise to cease. Hence it appears that the assumption of despotic power by Spanish kings evidently had grown out of an abuse of authority ; if so, the people were doubt- less authorized to claim that of which they had been forcibly dispossessed, and to fix such limits to the power exercised over them as their happiness re- quired. Our own political writers have ever been proud to maintain tliat, in order to prove civil obedi- ence to be a moral duty and obligation on the part of the subject, a compact must exist between the latter and the state, as a ground for the relations of both. In no other than this compact can the rights of mo- narchs originate ; nor is Spain an exception to the ge- neral rule, since government can only be instituted for the benefit of the community and not of the indivi- dual. Kings, consequently, are no other than the trustees of the people, " whose rights" as Lord Lansdowne observes, " are born with every man in every country and exist in all alike, despotic as well as free, though they may not be equally easy to re- cover in all." No further commentary is necessary to explain and substantiate the particular point in view, viz. that under the peculiar dilemma in which the Spanish monarchy was placed at the time referred to, no form of govern- ment but that of the Cortes was legal, adequate to the existing emergency, capable of giving that union and energy necessary to the health of the body poli- tic, and of introducing a reform such as the country urgently required. It is moreover clear that it was conformable to the dispensations of the ancient and KIV PflfiLrMlNARl RfiMARkS fundamental statutes of the realm, such as they ex- isted in the proudest days of Spain, when the leading and material parts of national legislation were enacted by the general suffrage of a free people. That the adoption of the measure answered the end in view, as far as the circumstances of the country would admit, is proved by the result of the war, and the manner in which the political aspect of the country was changed. The efforts of the new legislature would certainly have been crowned with a much larger portion of success, if its labours had been se- conded by more cultivated habits and regular and correct ideas on the part of the people at large ; had they been supported by a national sense of subordi- nation, enlightened integrity and disinterestedness; and above all, aided by those characteristics arising out of a discreet sj'stem of education, moral, politi- cal and religious, which can only be the work of time. During the short existence of the Cortes, the struc- ture and symmetry of the political edifice had never- theless assumed a totally different aspect, the strength of the nation was invigorated, its revenues more thaii doubled, a spirit of investigation and free inquiry was encouraged, a better administration of justice or- ganized, and, aided by good schools and the liberty of the press, a proper influence and tendency would rapidly have been called forth to form those habits and principles of action which regenerate and give power and effect to a more enlightened order of things. The new system of legislation, adopted and promul- gated by the Cortes, possibly required some altera- tions and improvements ; in some partial cases it might have been theoretical, and the government thereby established was perhaps not exactly such as it was 4 OF THE TRANSLATOR. XV desirable to attain. But, on emerging from a most abject state of degradation, and amidst the din of arms and revolutionary confusion, how was it possible for perfect wisdom immediately to prevail ? Wisdom does not dwell among ruins and tempests; and the transition from despotism to liberty is never the season for absolute perfection. In periods of popular effervescence and national disti'ess, heightened by in- furiated superstition and a degeneracy of the moral faculty, it was difficult to cause the passions entirely to subside, or to soothe the exasperated feelings of the disappointed. It was an arduous task to restore perfect order amidst the incursions of a powerful and active enemy, and to introduce a protecting and fos- tering system of policy on the ruins of that restrictive and oppressive one which had wearied the pride and patience of the people for a long series of years, when many of the powerful from interest and a blinded pre- judice were besides opposed to a change. A restless commotion existed in Spain, though greatly moderated by the general object of self-defence, and the human passions can never be let loose, however partially, without producing some ravages and exacerbations. In the collision of parties, blind fury, moreover, is not apt to discriminate or appreciate the labours of the legislator, particularly if they wear the aspect of novelty. Such, in fact, is the sad lot of all nations, and if it was the case in Spain, the fault cannot be attributed to the Cortes. As a body, they proved themselves faithful to their allies in the momentous cause in which they were engaged, and to the last acted as the firm advocates of the people's rights and the guardians of their country's honour. They gave the first im- pulse and unerring direction to those efforts, which so XVI PRELIMINARY REMARKS greatly contributed to the common cause; as legisla- tors they have left a monument of their enlightened zeal and practical capacity in the new national code of laws, and if they had done no more than effect the destruction of the -Inquisition, the main object at present in view, most assuredly they would have de- served the warmest gratitude of posterity. If the excellence of laws, or even their comparative merit, is to be known by the more beneficial effects they produce on the community, may it not be asked whether any contrast can be formed of the situation 9f Spain prior to the revolution, and the period when the authority of the country was admmistered by the new legislature ? The enactments of that august body brought about a salutary alteration in all ranks of society, and a most important improvement was soon perceptible in the government as well as the people. The state and general structure of society, as well as the relative situations of the community at large, ac- quired a new bias ; the principles of modern science were introduced ; and the lower orders, hitherto pre- cluded from those pursuits which sweeten and embel- lish civilized life, now found the means of protection, redress, and advancement ; and for the first time felt that they were free members of a society governed by definite laws, and no longer condemned to drag the miserable existence of feudal vassals. The people of Spain, at the time to which we allude, undoubtedly considered reform as the second grand object for which they were fighting: this alone ren- dered their country worth defending, and it is evident from subsequent events, that had they conceived the most distant idea of a return to their ancient degra- dation, and that as a reward for all their exertions they Averc again to become the objects of incessant 7 OF THE TRANSLATOR. XVU violence, the bright and animating flame which burst forth on the opening of their glorious struggle would have been extinguished, and early despondence ren- dered general. It was the hope and growing opera- tion of this reform that then produced a greater com- bination of energies ; and under the administration of the Cortes Spain was fast confirming the political axiom, that in human nature there is a reforming principle which ultimately corrects and amends dege- neracy ; and that nations often pass from a state of vicious effeminacy and mental torpor to an enthusiasm that gradually regenerates every virtue. This much has been premised respecting the late Spanish Cortes, in the first place, for the purpose of evincina; that under the existing emergencies of the country this was the only legal and efficient form of government that could be resorted to; and in the second, that this was the only constitutional authority that could revive the ancient laws and charters, re- strain future monarchs within the circle of their duties, and, above all, introduce that spirit of reform and re- generation so essential to the welfare of the state. How great was the task that devolved upon them may be inferred from the situation of the monarchy as sketch- ed in the first pages of these Remarks ; but that they complied with their obligations to the best of their power, and to the satisfaction of their constituents, will readily be acknowledged by those who marked the events of Spain as they passed, and particularly by the British worthies who had so ample a share in her eventual liberation. Out of a Gothic and massive system of jurispru- dence, the Cortes selected and arranged a plan of laws capable of difi'using as much happiness arid civil liberty as the inevitable circumstances of the times VOL. I. b Xvai PRELIMINARY REMARKS would admit, and, as they hoped, competent to the correction of its own vices and abuses. This code was placed within the reach of every individual, mid he Spanish people who before had depended on the will of the king or his minister, for the first time were enabled to judge of the nature and tendency of those laws which formed the basis of the society to which they belonged. This code was enthusiastically hailed by every district, town, and corporation where the arms of France did not hold sway; and though in the provinces its institutions were sometimes pervert- eel, yet, founded on principles intrinsically just, it was not th Don L. Moratin, the only dramatie poet the Spanish theatre can uuw boast. OP THE TRANSLATOR. Ixv Teoria de las Cortes ; por el ciudadano Don Fran- cisco Martinez Marina, Canonigo de San Isidro: 3 tomos en ito. marquilla, impresos en Madrid en 1813. Theory of the Cortes ; by citizen Don Francisco Martinez Marina, canon of St. Isidore: 3 vols. 4to. large paper, printed in Madrid, 1813. Traidor (El) : folleto en 4to. impreso en Madrid, aiio de 1812, sin nombre de autor. The Traitor : pamphlet in ito. printed in Madrid, 1812, without the name of the author. Tribuno del Pueblo Espanol : periodic© de Cadiz y Madrid. Tribune of the People : periodical paper of Cadiz and Madrid. Triple Alianza : periodico de Cadiz. Triple Alliance : Cadiz periodical paper, Verdad (La), amargue a quien quiera. The Truth, let it be bitter to whom it may. Vieio (El) de la Capa Azul: impreso en Valencia, aiio de 1811. The Old Man of the Blue Cloak : printed in Va- lencia. Vindicacion del benemerito Patriota Argiielles. Vindication of the deserving Patriot Arguelles, Viuda de Padilla : tragedia. The widow of Padilla : a tragedy. Universal (El): periodico de Madrid. The Universal : Madrid periodical paper. Un Consejito prudente a los Liberales. A little prudent Counsel to the Liberales. ., (To be continued.) TaL. I, € Ixvi PRELIMINARY REMARKS " Wherefore, desirous of repairing by timely ren\e- dies the injury tliat may result to the faithful and to the Catholic religion, from the perusal of the said books, pamphlets, and papers, owing to their being published and circulated in these kingdoms, we have commanded that the same be prohibited and called in, in order that no one may be allowed to sell, read, or retain them, either printed or manuscript, in what- ever impression or language they may be, under the penalty of the higher excommunication latce se?itentice, and a fine of two hundred ducats for the expenses of the Holy Office, as well as the other penalties esta- blished by law. In consequence whereof, by the te- nor of these presents we exhort and require, and, if necessary, by virtue of holy obedience and under the said penalty of higher and pecuniary excommunica- tion, we command, that from the day in which this our edict shall be read and notified to you, or you may know of it in any way whatsoever (we granting and allowing to you the six first and successive days by way of ca- nonical admonition, which term expired, the obliga- tion shall be considered peremptory), that you bring, exhibit, and deliver up to us, or to any of the provin- cial tribunals or their commissaries residing in their respective districts, all and any of the said books, pamphlets, and papers, that they may forward the same to us, and that you also declare those which other persons may possess and hide. And on your non- compliance therewith and the said term being expired, all who may thus be contumacious and rebelhous in not doing and complying with the aforesaid order, we once for all and henceforward lodge on and pro- mulgate against you and each of you the said sentence of higher excommunication, and hold you as having incurred the said censures and penalties; and we here- OF THE TRANSLATOR. IxVli by notify to you that we will proceed against you in execution of the same, and as by law we may deem fit. In testimony whereof we decree and publish this our edict, signed with our name, sealed with our seal, and countersigned by the under secretary of His Majesty and of the Council. Madrid, July 22, 1815. " (Signed) Francisco Xavier, " Bishop and Inquisitor General. " Dr. Cristoval de Cos y Vivero, '' Secretary to the King Our Lord, and of the Council." Tedious as the above document may appear, it is nevertheless deserving of being known and placed on record, as the best possible criterion of the object and occupations of the Inquisition, and also as a most substantial proof of the credulous ignorance of its members. Scarcely any thing published in Spain during the revolution is excluded from the above list ; and the invisible thunders of the Holy Tribunal are not only launched against the readers and holders of any of the preceding works, even though it be a mer- cantile advertiser, but these same penalties are more- over declared to be on the head of him who knows of any of them being in the possession of another, and fails to inform against him. Was ever such a door ojjened for the baneful working of enmity and revenge ? Under such a system can any one dwell in the bosom of his family divested of alarm, suspicion, and distrust ? And let me now ask, what is it these Inquisitorial censures amount to? They are nearly equivalent to a decree of outlawry in other countries, as in the course of the present work the reader will have occasion to notice. From their grasp the fa- vourite of a prince cannot escape, nay even monarch s have fallen under them. And can this be a proper e 2 iXVlll PRELIMINARY REMARKS penalty for his Catholic Majesty's Supreme Council of the Inquisition to decree either against the "writer or reader of columns, cliiefly destined to recount the heroic actions of his subjects in defence of their coun- try and his throne ? Can the prohibition of such a sec of works conduce either to the honour or advan- tage of religion ? A writer of great eminence has ob- served " that to prohibit the reading of certain books, is to declare the inhabitants of the country to be either fools or slaves :" what then would he have said if the preceding list had fallen into his hands ? Me- lancholy as the reflection must be to those who, as it were, once held the destinies of Spain in their own hands, the Inquisition has been re-established to make War against the intellectual knowledge Spain had ac- quired by her late intercourse with foreigners, and to bm-y civil liberty, together with the arts and sciences, in the grave of a false and mistaken piety. This great work is fast advancing, as may be imagined by the single fact we deem it necessary to mention ; viz. that during the time of the Cortes forty periodical papers were regularly published in European Spain, as may be seen from the preceding list, besides several others therein omitted, whereas the whole have now been superseded by the Gazeta de Madrid, published twice a week, the Diario of tlie same place, and the Mercu- rio which appears only once in each month. In ad- dition to this every foreign paper is prohibited, parti- cularly English ones.* » To render the debasement of Spain still more complete, by » fecent decree of Don Pedro Cevallos, public education has been confided to the nuns and friars ; and the bishops are besides buried in teaching the subject his duties to the king, by the publicatiHn of catechisms and pastoral letters which would disgrace the ninth ces- lurv. OF THE TRANSLATOR. Ixix Tlie way had already been paved for the preceding edict by another addressed by the Inquisitor General to the respective districts of all the Spanish dominions in Europe and America, the material pait of which we shall also insert. *' We Don Francisco Xavier Mier y Campillo, by the grace of God and of the Holy Apostolic See, Bishop of Almeria, Knight of the Royal and Distin- guished Spanish Order of Charles III., Member of His Majesty's Council, and Inquisitor General of his Kingdoms and Lordships, " To all the faithful inhabitants of these kingdoms, health in our Lord Jesus Christ. We are all asto- nished at and deplore with the greatest reason, the horrid ravages caused on our soil by the barbarity and fierceness of our enemies, which will be trans- mitted to distant generations in the multitude of ruins which strike the eye from one extreme of the king- dom to the other ; but however great these evils may be, as well as the desolation to which whole towns have been reduced, together with numberless families of all conditions and classes, we have still to deplore another evil incomparably greater, with which Divine Providence has punished our sins ; for, though po- verty, misery, widowhood, orphanage, as well as other kinds of unhappiness, justly excite pain and regret, they cannot in any way be compared with that we ought to feel at the loss of our holy faith, and of the ineffable consolations with which, in the midst of the greatest afflictions and calamities, the religion of Jesus Christ upholds and comforts us. We will not say that this has abandoned sad and afflicted Spain, nor that its holy law and the observance of its pre- cepts have disappeared from among us; thanks to the IXX PRELIMINARY REMARKS infinite mercies of the Lord who has punished us as a father, he always preserved in his inheritance zealous workmen and faithful servants who watched and la- boured for the glory of his holy name and for the honour of his true spouse, the Cathohc, Apostolic, and Roman Church ; but we all behold with horror the rapid progress of incredulity and the dreadful corruption of manners which have contaminated the Spanish soil, and of which the piet}' and religious zeal of our forefathers would be ashamed, seeing that the same errors and new and dangerous doctrines which have miserably destroyed the greatest part of Europe, infest their beloved country, and that the youth drink, like Avater, this pestiferous venom, for the very reason that it flatters their passions and senses. " The compassionate heart of our Sovereign was moved, at his return from captivity, on beholding this our sad situation, and with a holy zeal he excited that of all ecclesiastical and secular authorities, in order to extirpate so great a scandal, and, in imitation of him, all the good deplore that many of their children have given ear, as heathen Rome once did, to the errors of all nations. " Under circumstances unfortunately too notorious, it is not strange, that all the lovers of religion should turn their eyes to the Holy Tribunal of the Faith, and hope, from its zeal for the purity of doctrine and manners, that it will remedy, by the discharge of its sacred ministry, so many evils, through the ways and means granted to it by the Apostolic and Royal Au- thority with which it is invested. Nothing more ur- gent to the truth nor more conformable to our in- stitution, for in vain should we be centinels of the House of the Lord, if we were to remain asleep in OF THE TRANSLATOR. Ixxi the midst of the common danger to religion mid our country. God will not permit us thus basely to aban- don his cause, nor to correspond so ill to the exalted piety with which the King our Lord lias re-established us in the weighty functions of our ministry, in which we have sworn to be superior to all human respect, whether it be necessary to watch, persuade, and cor- rect, or whether to separate, cut, or tear down the rotten members in order that they may not infect the sound ones. " But, in order to proceed in so delicate as well as important and necessary an operation, we will not imitate the ardent zeal of the Apostles when they asked of Jesus Christ to cause fire to rain down from heaven to destroy Samaria, but rather the meekness of their Master and Guide, of which certainly those are ignorant who wish us to commence our functions with fire and sword, by anathematizing and dividing, as the only remedy to save the sacred deposit of the faith, and choak up the bad seed so abundantly scat- tered on our soil, as well by the immoral band of Jews and sectaries who have profaned it, as the unfortunate liberty of writing, copying, and publishing their errors. Our resolution has been very different since we have mediated and carefully deliberated the matter with the ministers of the Council of His Majesty, and of the Supreme and General Inquisition: all having un- animously agreed, that now as well as ever, modera- tion, sweetness, and charity ought to shine forth as forming the character of the Holy Office ; and that before using the power of the sword granted to us against the contumacious and rebellious, we ought to attract them with sweetness, by presenting to them the olive-branch, the symbol of our pacific wishes towards those who go so far as to abhor peace. To Ixxii PRELIMINARY REMARKS this we have been moved, not only by the practice ot the Church, which has frequently been indulgent and mitigated the rigour of the penalties when the guilty were numerous, but also by a knowledge of the cir- cumstances under which seduction and deceit have fatally triumphed over the simplicity, and above all, the confidence by which we were actuated ; yet if the hearts of many Spaniards were capable of being sur- prised in moments of dai'kness and a general overthrow of ideas, they will not have been hardened or ren- dered insensible to the calls of religion, nor can they have forgotten their former principles. *' Wherefore, far from adopting for the present, measures of severity and rigour against the guilty, we have determined to grant them, as we hereby do grant, a term of grace, which shall be from the date of the publication of this our edict, till the last day inclusive of this year, in order that all persons of both sexes who unfortunately may have fallen into the crime of heresy, or feel themselves guilty of any error against which our Mother the Church believes and teaches, or of any hidden crime whose cognizance be- longs to the Holy Office, may recur to the latter and discharge their consciences and abjure their errors, under the security and assurance of the most inviola- ble secrecy ; and on the same being done within the time prefixed, accompanied by a sincere, entire, and true manifestation of all they may know and remem- ber against themselves as well as against others, they shall be charitably received, absolved, and incorpo- rated into the bosom of our Holy Mother the Church, without their thereby having to apprehend the infliction of the punishments ordained, nor the injury of their honour, character, and reputation, and still less the privation of the whole or any part of tlieir property, OF THE TRANSLATOR. IxxiH since for those cases in which they ought o lose it, and the same ought to be applied to the Eichequer and Treasury of His Majesty, in conformity o the Jaws of these Kingdoms, His Majesty using hi. natural cle- mency, and preferring thespiritual felicit'of his vassals to the interests of his Royal Exchequer, . 37 lence. It disdains violent measures, for it has others much more efficacious. The empire of which it boasts is not that which is exer- cised over the body, leaving the soul still more rebellious and corrupted. It is in the understanding and the heart that it delights to reign, and persuasion and love are the only means by which it therein establishes its throne. It looks for children, and not slaves. Religion does not stand in need of appeals to force, since it is composed of hum- ble disciples, of docile hearts, and sincere adorers, actuated by a mild but powerful principle which triumphs over every obstacle, and converts its most cruel persecutors into fervent apostles. At the same time that it is firm, severe, and inexorable against sin, it is full of sweetness, beneficence, and of charity towards the sinner. The Christian religion unceasingly repeats to its children, and above all to its ministers, that the spirit of the Gospel is a spirit of patience, of mildness, and forbearance ; that its ministry is the mi- nistry of peace, of reconciliation, and of health ; and moreover, that they should never forget that they are the disciples of a God who died for his enemies, as well as the sue- 58 INQUISITION UNMASKED. [CHAP. I. cessors of venerable men who, sealing with their blood the truths of the faith, prayed for their persecutors and executioners. In short, religion, far from being the author and accomplice of the disasters which fanaticism has caused to the world, detests them with more sincerity, and condemns them with more firmness, than the incredulous them- selves."* * Apologie de la Religion Chretienne, printed in Paris, iv year of the Republic. CHAPTER II. The System of Rigour adopted by this Tribunal is opposed to the Doctrine of the Holy Fa- thers and the Discipline of the Church in its most happy Times.* It suffices to know that meekness is one of the virtues that shone most in Jesus Christ * The discipline of the Church constitutes a science which most of the partisans of the Inquisition, notwith- standing they are ecclesiastics, know not even by name, and which others who have heard of it only take into their mouths for the purposes of blasphemy. Among the latter may be reckoned the authors of the periodical work called EI Filosofo Rancio, and, under this title. Father Francisco Alvarado, whom the inquisitorial party seem to have chosen as another Hercules, not for the purpose of destroy- ing the Lerna^an hydra, but to defend it with sword and buckler. This Father, in his Letter I. observes that " good faith, not to use another term, caused our former govern- ments, under a wish to enlighten the nation, to give vogue to that infinite number of novelties which the French introduced among us in matters of philosophy, law, eccle- siastical discipline," &c. Some writers, for the want of correct information, sometimes condemn as anti-religious novelties the very practices used in the Church long 40 INQUISITION UNMASKED. [ciIAP. II- and his apostles, in order to remove all doubt of its being equally possessed in a high degree by the ancient Christians. The disci- pline of the Church in the first ages was near its origin, and consequently must have been preserved pure, in like manner as the stream is clearest when least distant from the foun- tain-head. The meekness, therefore, taught and practised by the legislator and promul- gators of the Gospel must forcibly point out to us the lenity which so much distinguished the writings of the Holy Fathers. Their doctrine, and the examples by which they confirmed it, are additional proofs of the de- before those were introduced which they now venerate for their antiquity. Others again, better informed, and sensi- ble of the weight of this observation, nevertheless assert, that it is not just to revive antiquated customs, as being incompatible with the political system of modern nations. This is by no means at what we now aim ; yet they ought never to lose sight of the flourishing ages of the Church, in order that the virtues of our fathers may serve as exam- ples to their children ; and they ought moreover to watch that the exterior legislation of the church, notwithstanding it is made suitable to the present times, does not degene- rate from the spirit of the early ages. This is what is so strongly inculcated in all the ecclesiastical councils, and also forms the chief basis of this dissertation, in which the truly new abuses introduced among us by the Inquisition will I'C fully exhibited. CHAP. II.] INQUISITION UNMASKED. 41 generation of the after ages, since such an establishment as that we are about to depict then found patronage and support. St. Cyprian, pointing out the difference between the sentiments which ought to ani- mate the ministers of the church of Jesus Christ and tliose which directed the priests of the Synagogue in their conduct towards the refractory, considers each profession ac- cording to its nature, and states as the chief reason of this difference, that in the Syna- gogue every thing was material and figurative, whereas in the true Church every thing is spi- rit and truth. " God," says he, " commanded the punishment of death to be inflicted on those who refused to obey their priests, as judges constituted by himself; which might be advisable at a period when the circumcision was carnal; but now that the circumcision is spiritual, the proud and contumacious servants of his house, which is the Church, ought to be exterminated with a sword in like manner spiritual, by their being cast out therefrom, and thus deprived of life ; for the true house of God is no other than one, and no one unless in it obtains salvation."* * S. Cyprian, epist. Ixii. 42 INQUISITION UNMASKED. [CHAP. II. When the Fathers of the Council of Sar- dica prayed Constantius to restrain the fury of the Avians, who, availing themselves of the influence their sect had gained over the mind of that Emperor, resorted to every species of persecution in order to destroy the Catholics, they thus expressed themselves : " We ask nothing beyond the liberty of our Creed, and consequently that we be not compelled to contaminate ourselves with Arianism, by persecution, prisons, and tri- bunals, under all the forms of terror, together ■with the invention of exquisite torments, being employed against us. Jesus Christ taught, rather than exacted, the knowledge of himself; and exciting admiration and respect for the precepts of his faith by means of mira- cles, he never forced any one to believe it. If violence of this kind was appealed to on the part of the Catholics the bishops would be the first to declare against it, on the plea that God being the Lord of the Universe stands in need of no one, much less of a heart that refuses to know him. They would say, that God is not to be deceived by dis- simulation, but that his grace is to be merited by a true submission ; that if he commands us to offer him our homage, it is not for his CHAP. II.] INQUISITION UNMASKED. 4^ good, but for ours ; that he cannot receive any one who does not tender himself, hear any but him who prays, nor mark as his own any one who does not cordially profess his religion. They would say, that candour is the only road by which he is to be sought ; that he is to be known by the diligent study of the faith, and that he can love him only who has charity. Finally, they would add, that his good-will is obtained by filial fear, and the only means of retaining it is probity."* The maxims of mildness towards heretics are inculcated by St. Chrysostom in many passages of his works, particularly in the following : " We ought to fight against here- tics, not to throw down those who are up- right, but to raise up those who are fallen ; for the war which is incumbent on us is not that which gives death to the living, but that which restores life to the dead, seeing that our arms are meekness and benignity. In this contest we ought therefore to rely not so much on acts as on words, for it is not the heretic, but the heresy, which we persecute ; and we detest not him who errs^, but the error, which is the only thing we are to persecute * S. Ililarius, lib. ad Constantlura August. 7 44 INQUISITION UNMASKED. [ciIAP. 11. and extirpate. Our war is not with men, the work of God, but with opinions which the devil has depraved. The physician, when he cures a patient, does not attack tlie body, but the disorder under which it labours. In the same manner deahng with heretics, we ought not to injure them in person, but seek to remove the error of -the understanding and the evil of the heart. Finally, we ought always to be disposed to submit to persecu- tion, and not to persecute ; to suffer griev- ances, and not to cause them. It is in this manner Jesus Christ conquered, since he was nailed to a cross — he did not crucify others."* St. Hilary highly extols the delicacy of the Church in this particular, and even makes a contrast of the state of discipline during the three ages which preceded him with that of his own time, when, owing to the opinions of some bishops, it was verging towards that decline afterwards experienced. " Above all,'* says he, " it wrings the heart and causes the tears to flow to behold the weakness of the present generation in adopting certain absurd opinions already prevailing, one of which is, that men ought to patronize God by concili- * S. Johan. Chrysost. D# S. Hiero Martyre, n.ii. CHAP. II. j INQUISITION UNMASKED; 4S Siting the power of the age, in order by this means to sustain the Church of Jesus Christ. Tell me, ye bishops who are of this way of thinking, of what aid did the apostles avail themselves when they preached the Gospel ; or to what great ones of the earth did they recur in order to convert, as in fact they did, almost all nations from idolatry to the wor- ship of the true God ? Was it in palaces, that they sought favour, when under the scourge and in chains, they sang hymns in praise to the Lord ? Was St. Paul perchance authorized with imperial decrees when, through his great labours made the object of astonishment to the whole world, he allured nations to the Church of Jesus Christ ? Did he find patrons in a Nero, a Vespasian, or a Decius, when it was their persecutions that so much fructified the seed of his preaching? Did not the apos- tles hold, as we now do, the keys of the king- dom of Heaven, although they were obliged to live by the work of their hands, and under the necessity of celebrating the divine mys- teries in cenatories and other solitary places, travelling by sea and land through various countries, visiting even villages and farms ; and this in direct contravention to the de- crees of the senate and Emperor ? Is it not 46 INQUISITION UN^IASKED. [cHAP. II, certain that the Gospel was then preached with the greatest courage and success, and that the more obstacles were opposed to its effects the more did its power triumph over that of tyrants ? But now what an unfor- tunate reverse ! It is now pretended to sup- port the divine faith by means of human authority ; and whilst it is ostentatiously sought to add to the name of Jesus, his power is considered as diminished. The same Church, that formerly through the endurance of chains, persecutions, and banishment, ex- tended its faith, now diffuses terror by means of proscriptions and prisons, seeking to be believed through the effects of force. It now seeks to owe its permanency to the power of those who are of its own communion, when it was through the fury of those who were its persecutors that it was formerly consoli- dated. It now banishes the priests of those same sects which anciently drove its own ministers into exile. In short, that same Church now seeks to be applauded by the world which only by being hated of men can be pleasing to her spouse. When, with such scandalous abuses before me, I compare the Church of the present times with that which Jesus Christ confided to our ancestors, I CHAP. II.] INQUISITION UNMASKED. 4T cannot but exclaim that it has undergone the most deplorable change." * St. Jerome, commenting on these words of the Lamentations of Jeremiah, " Recedite polluti clamaverunt eis" thus observes: "Such is the language of those proud shepherds who take under their special care the choice of the flock, and leave the weak portions thereof in a neglected state, without taking care that the lean sheep regain their strength, or that the distempered recover from disease. Keep at a distance,say they,ye who are infected, de- part, disappear, nor ever dare to approach and communicate with us ; your wounds are mor- tal, your sores are gangrened, ye are unworthy of Christian intercourse and of the Holy Ghost again returning to dwell within you. Conduct like this, instead of giving sight to the blind, health to the invalid, and of in- fusing courage and vigour into him who is dismayed, occasions death, by impelling him to despair. The prelates who fulfil their duty, and measure the weakness of their neighbour by their own, endeavour to disentangle sin- ners from the snares of error by means of humility and meekness, rather than by their * l^'Hilar. lib. contra Auxentiutn. 48 INQUISITION UNMASKED. [CHAP. II. harshness to precipitate them down the abyss of condemnation.'* * It is indeed true that St. Jerome here speaks of the charity and sweetness with which all sinners ought to be treated, but for the same reason he does not exclude those who have sinned against the faith. The letter of St. Augustin to Donatus, proconsul of Africa, deserves to be copied here entire, for it clearly demonstrates what was the spirit of the Church with regard to the punishment of heretics at the time it was written. It is as follows : " It is indeed pain- ful to reflect that the Church of Africa is in such a situation as to require the aid of civil authorities. But, on the other hand, there being, according to the apostle, no power on earth which does not emanate from God, it may truly be said that when ye who are in- vested with dignity use it in defence of our mother the holy Catholic Church, our aid is then in the Lord who made heaven and earth. For who, most illustrious sir and son deserving of our praises, can avoid discovering amidst the many ills which afflict us that, from the bril- liancy of your talents and your great zeal for * S. Hieron. Cora. inJerem. Thren, cap. iv. v.xv. CHAP. II.] INQUISITION UNMASKED. 49 the religion of Jesus Christ, providence has placed you at the head of the government in order to restrain, by means of power and good- will, the enemies of the Church in their wicked and sacrilegious attempts ? It is my duty, nevertheless, to caution you against one thing, which is that your very justice makes us apprehend, that as all grievances caused to the Christian society by these ungrateful and impious men are more criminal than those done to the state, you may be induced to punish them with every rigour, urged rather by the enormity of their crime than bearing in mind the meekness of the religion against which they have sinned. Let not this be the case we beseech you for the sake of Jesus Christ, since we do not seek to be avenged on earth; nor is it just that the persecutions we suffer should make such an impression on our minds as to cause us to forget the commands of our Redeemer, for whose faith and name we endure them, and for whom we actually love our enemies and unceasingly pray for them. We desire, it is true, that the severity of the laws and of the judges may be em- ployed for their reform, but not to deprive them of life ; that the government watch over their conduct, but without applying VOL. I. E 50 INQUISITION UNMASKED. [CHAP. 11. against them all the punishment they deserve ; that their excesses may be restrained, but not that they be placed in such a situation as to prevent repentance." " We beseech you, therefore, that when any one of us shall represent to you that the Church has been grievously injured, or you may in any other way have learnt her afflic- tions, that you do not remember that you are the arbiter of life and death ; but, on the contrary, that you be ever mindful of this our petition. Attend, oh ! illustrious and much-beloved son, to our mediation in favour of the lives of those to whom we beseech God to grant amendment ; for besides its being the duty of us ecclesiastics never to desist from the practice of overcoming evil with good, it is necessary you should con- sider, as from prudence we hope you will, that no one, except ourselves, informs you of the injuries done to the Church. For this same reason, if you think of inflicting death on those we denounce, you prevent us from applying to your tribunal, and they will then become more insolent ; since, at all events, we should prefer to be sacrificed ourselves rather than be instrumental to their suffering capital punishment." CHAP. II.] INQUISITION UNMASKED. 51 " I, in short, for my own part, again beseech you kindly to receive this my ex- hortation, or this my remonstrance and hum- ble request ; and I flatter myself that I am authorized to expect this favour, even though you were invested with a higher dignity and I no other than a private individual. Never- theless cause it, as soon as possible, to be made known to the Donatists that the pro- clamations you issued against them, and which they consider no longer in force, are still in full vigour, to the end that they allow the Catholics to remain quiet. As for the rest, the means of rendering our exertions for their conversion effectual will be by restraining in such manner, through your own measures, this proud and petulant sect that they may never be able to boast enduring, for the good cause, the vexations aimed against itj since it is rather indispensably necessary, when they have been convicted of their crimes in your tribunal, or any other inferior one, that every exertion should be made to convince theiu of the truth of the faith, by causing them to reform their opi- nions and to contribute to the cj aversion of the others. Because il cannot be denied that it is a fruitless task to seek to compel a man e2 62 INQUISITION UNMASKED. [CHAP. II. to embrace good and withdraw from evil, however great this may be, unless it is through the way of persuasion."* So far St. Augustin. It is unnecessary to add more testimonies from the Holy Fathers, in support of my argument. Those already quoted are more than sufficient to prove, that the meekness of Jesus Christ towards the wayward, and as practised and promulgated by the apostles, was also the countersign of all the doctors of the Church, who transmitted it in numerous passages of their writings as an edifying lesson to posterity. These writings amply testify that the conduct of the ministers of the gos- pel, with regard to persons straying from the fold, ought to be very different to that ob- served by the ancient priests towards those who abandoned the law of Moses ; that the most pure zeal for the Christian religion ought always to be accompanied by genuine and beneficent charity; that the mild empire of a crucified Lord unceasingly calls for freedom in favour of those who submit to it ; that the acquisition of new believers, and the retention of old ones, is only appreciated by the Church * S. August. Epist. C. CHAP. II.] INQUISITION UNMASKED. 3S when they enter and remain in the bosom thereof, by means of divine unction and per- suasion ; and finally, that if at any time it should be necessary to appeal to the powers of the earth, in order to check the wicked in their career of self-perdition, it ought only tobe done when the natural defence of the church requires it, or the amendment of the refrac- tory, by means of a correction so moderate as truly to deserve the name of paternal. Notwithstanding, however, the words of the above-mentioned Holy Fathers are so clear and decisive in favour of my object those of a different opinion nevertheless con- ceive that their authority may also be alleged in a contrary sense,* It is in St. Augustin, • However, I here except the author of the Nuevo Reflexionador, who, in his letter to the Anti-apologist of the Inquisition, enraged that the latter should make use of the Scriptures and Holy Fathers in order to prove that the Inquisition ought to be abolished, replies to him in the following words : " Are you in your right senses ? What J could the sacred writers impugn an establishment with which they were not even acquainted ?" Hence am I in- clined to infer, that the Nuevo Reflexionador would not wish to join with those of his own party when they quote the Scriptures and Holy Fathers in favour of the Inqui- sition, for in this case the same retort might be made. How does it happen, I would ask him, that a religious 54 INQUISITION UNMASKED. [CHAP. II, more particularly, they pretend to find incon- trovertible proofs that the church, without being wanting to the duties of mildness, may avail itself of the zeal of the civil power, and resort to corporal punishments, in order to restrain heretics committing violence against her, as well as for the purpose of obliging them to seek reconciliation. It is indeed true that this Holy Father confesses of him- self, that being formerly of opinion that the Donatists ought not to be persecuted with any other arms than those of argument, the examples of con versions effected by the rigour of the laws as presented to him by some of the bishops of Africa, were so numerous and so striking, that they obliged him to alter his sentiments. I am fully sensible of the force of this objection, but far from being thereby convinced, I believe with Bayle, Basnage, establishment cannot be defended or impugned by argu- ments taken from the sacred writers, because they were anterior to its foundation ? How is it, I would again ask him, that the Inquisition has been able to proceed in cases of new sectaries, unless it has recurred to scripture and tradition in order to decide on their doctrines ? Is it, per- chance, that in its judgments it has been guided by the prevailing opinions of the age, or rather by the caprice of those in power ? This, undoubtedly, has been the case, 1)ut the timeJs now arrived for remedying the evil. CHAP. II.] INQUISITION UNMASKED. 55 Le Clerc, Barbcyrac, and Mosheim, that, on this occasion, St. Augustin rather consulted the apparent utility resulting to the Church from an unlimited protection on the part of kings, than the true piety and justice on which this protection ought to be founded. It is not probable, I again say, that a man of the first talents, who so openly maintained that the conversion of the heart is the work of the grace and goodness of God, should ever wish to affirm, in the sense above argued, that heretics ought to be converted by means 'of fines, banishment, and capital punishments. In order, however, to destroy the argu- ment which the advocates of rigour deduce from this retractation of St. Augustin, and do away with the imputation of party feeling alleged by the above-mentioned authors against him, it would suffice to examine the reasons which induced him to pronounce the conversion of the Donatists as sincere, and which, in fact, were the only ones that obliged him to change his opinion. I say the only ones, because those he quotes from the Old and New Testament cannot be considered so much in the light of solid proofs of the truth of his proposition, as amplifications and 56 INQUISITION UNMASKED. [CHAP. II. embellishments of the idea it contains ; since they are all equally weak, as must appear to anyone who reads them with an unprejudiced mind. In a word, St. Augustin makes use of these proofs not as a logician but as an orator, more attentive to the elegance of his statement than to the weight they might add to an opinion which, in his own mind, was already proved by experience.* In this point of view, he thus replies to the Donatist Vi- centius, who had reproached him for his new way of thinking. '^ I was formerly of opinion that no one ought to be compelled to return to the bosom of the church, under the impression that we ought not to use any other arms than words ; that our contest ought to be no other than argument ; and that such only ought to be esteemed as a victory which is gained through the force of conviction ; for otherwise those would become feigned Catholics who before were avowed heretics. But some of my com- * The argijments St. Augustin takes from Scriptures, to prove that it was lawful to use corporal punishments to- wards heretics, in order to oblige them to return to the bosom of the church, are re-produced by the apologists of the Inquisition, but not in their true sense ; the chief ones, however, have been answered in the preceding chapter. CHAP. II.] INQUISITION UNMASKED. 5? panions have since pressed me closely, not with reasons but with facts, which they quoted to me in great numbers, whence I have been induced to adhere to their opinion. For they argued with me from the example of the city of my own residence, (Hippo,) which, having formerly decided in favour of the heresy of Donatus, was afterwards restored to the Ca- tholic unity by means of the decrees of the emperors ; and this so cordially, that it now hates the above heresy, and even appears never to have belonged to it. They quoted similar examples of other cities to me in such man- ner that I conceived that what is said in Proverbs may also be understood in this sense : give instruction to a wise man, and he will be yet wiser."* " How many of them had we not among us, as I afterwards was informed, who were de- sirous of being converted, from a conviction of the truth of our religion; nevertheless they delayed it, in order not to expose themselves to the animosity of their own party ! How many were withheld, not by a supposition that their sect was founded in the truth, which most as- suredly they left out of the question, but by * Frov. cap. ix. v. 9, 58 INQUISITION UNMASKED. [CHAP. II. a blind custom which rendered them callous, so that it might be said of them, a servant will not be corrected with words ; for though he understand, he will not answer.* How many were there not who lived persuaded that among the Donatists the true Church was to be found, but through no other motive than a natural carelessness, which rendered them dull and sluggish to find it out ! How many were kept back from entering therein by the calumnies of certain malevolent persons, who imputed to the Catholics the introduction of I know not what novelties into religion ! How many, in short, who, believing it was of no consequence to be a Christian in this or the other sect, continued in that of Donatus, because they had been therein born, and be- cause there was no one to withdraw them from it, and lead them to the true Church ! Hence do they now rejoice with us that, in conse- quence of the grievances they then suffered, they were roused from the lethargy of in- veterate habits, in which they would other- wise infallibly have perished. It may indeed be said that wiih some such measures do not avail. To this I will answer, that the in- * Prov. cap. xxix. v. 19. CHAP. II.] INQUISITION UNMASKE1>. 59 curable diseases of some ought not to cause the refusal of remedies to others seeking the re-establishment of their health. We ought not to be foiled by the obstinate, unwilhng to yield to persuasion, and of whom it is written, in vain did I chastise my children, that they might be well educated.* It is necessary also to attend to many others of whose amend- ment we bear witness, to the great consolation of our heart. Finally, I agree that it would be exercising a tyrannical power to terrify heretics without convincing them of their error ; but it is also undeniable, that their inveterate habits will not suffer them to in- cline to conviction, and will obstruct their being led, unless it is very slowly, towards the road of salvation, unless they are moved by terror. "t This is the passage of St. Augustin on which the partisans of the Inquisition lay so much stress, and which, from our desire to throw every previous light on the question, we have copied at full length. This is the memorable passage which, by not being pro- perly understood, caused torrents of blood to flow during the dark ages, when religious * Jerera. cap, ii. v. 30. t S. August. Epist. cxiii. 60 INQUISITION UNMASKED. [CHAP.II. wars were so frequent. Wretched fate of man, who seems destined to stumble on error and death, where he ought to have ex- pected the benefits of truth! However, if I am not greatly deceived, it does not require much penetration to discover the true mean- ing of St. Augustin in this place, which, if his words are only well considered, is the same as that of the other Holy Fathers and Sacred Writers, although in consequence of the different circumstances of the times it is presented with some degree of diversity. It is, in the first place, necessary to establish, that the conduct of the Donatists towards the Catholics was at length rendered so. criminal, and the persecutions excited against them so cruel, that it became necessary to recur to the protection of the laws, in order to withhold men, who, impelled by a furious passion which they termed religious zeal, had actually sub- verted the order of society. They not only forcibly re-baptized the Catholics, but they also sacked and deraolislied their temples, assas- sinated the clergy and bishops at the very altars, burned out the eyes of others with quick-lime, and even prohibited bread from being sold to them in the public places. Under such conflicts, how therefore can it CHAP. II.] INQUISITION UNMASKED. 61. appear strange for the Catholics to implore the protection of government ; a protec- tion which could not be denied them, even in the quality of private citizens. As proof of this, the first edict issued by Theodosius against the Donatists, in the year 382, is founded on the many acts of violence they had committed, and which undoubtedly would have continued, if the authorities had not ap- plied an efficacious remedy.* And as it was perfectly just for the Catholics to appeal to the safeguard of the laws, without their being for that reason accused of persecuting the sectaries, contrary to the spirit of religion, when personal security was their only object, why might not the same be allowed to St. Augustin ? But, to pursue the argument. The Donatists were the first who, refusing to abide by the sentence of the bishops, before whom, at that time, all differences arising among Christians were carried, recurred to the emperor Con- stantinus, complaining of Cecilianus, Bishop of Carthage, respecting certain irregularities they attributed to him, though their com- plaint was attended with no other fruit than * Vide Encyclopedie, Art. Donatistes. 6 62 INQUISITION UNMASKED. [CHAP. II. their own punishment for not substantiating the accusations preferred. What irregularity, therefore, was there in the Catholics recur- ring in their own defence to the very civil tribunal whichj in some measure, the heretics had pointed out to them ? By this testimony of St. Augustin it appears, that the heretics were the first who had recourse to the civil authorities in order to avenge injuries arising out of religious matters, a point to which I particularly call the attention of the parti- sans of rigour.* This Holy Father does indeed maintain that it is advisable to use some coercion towards apostates, in order to induce them to return to the bosom of the Church. This new difficulty, however, disappears in the same manner as the first, if the reasons which also led him to change his opinion in this particular are maturely weighed. Many of the Donatists here alluded to belonged to that sect, not from any system or adhesion, but because they dreaded the vengeance of their own sectaries if they abandoned them ; an impediment which ceased from the mo- * S. August. Epist. cxiii. n. 13. " Qtcid nobis ohjicitis" says he to Vicentius and his companions, " quod vestrorum ( major uin) prcesumptio primitusjecit ? 7 CHAP. II.] INQUISITION UNMASKED. 6S ment the civil authority was on their side. Others were retained undecisive, by a false idea of certain practices admitted into the Catholic Church, and which necessarily va- nished as soon as they had received adequate instruction. Others, in short, were held in a profound lethargy by a sluggish spirit, added to a total indifference for their own well-being, from vvhich it was impossible to rouse them, unless active remedies were for that purpose employed. It therefore results, that the Donatists, whom St. Augustin affirms to have returned within the pale of the Church on being put in fear by the civil power, scarcely suifered any coercion what- ever ; or at least it was not such as to authorize the violent measures of the In- quisition. In the aforesaid passage it is, moreover, manifested that the conduct of the ministers of the Church towards apostates ought to resemble that of a physician in the case of a lethargic disease, — of a father who seeks to educate his children ; that is, a moderate rigour ought to be exercised against them, corresponding to the object in view, which is not the death of the patient, but his health and happiness. It is, in fact, the persuasion 64 INQUISITION UNMASKED. [ CHAP. II. of the mind and the amendment of the heart that St. Augustin has in view in the persecu- tion of those who have wandered from the faith, without which their conversion would only be apparent. It is the persuasion of the understanding, I again repeat, without which all dominion over the will would be tyrannical, which the Holy Doctor so un- ceasingly inculcates ; — that same persuasion, in short, by which he himself had been con- verted from the sect of the Manichees to the Catholic Church, was the means he wished to be employed with regard to others. However, should any one not be sufficiently- convinced by the arguments just alleged, that St. Augustin w^as, at all times, in favour of meekness towards heretics, in the sense al- luded to, let him listen to his own w^ords contained in that same letter to Vincentius, in which the advocates of the Inquisition impute to him a change of opinion. " There is no doubt," says he, " that a moderate rigour, accompanied by much benevolence, ought to be used towards those Christians who may have erred through the seduction of wicked men, because they are possibly sheep of Jesus Christ which have gone astray, (that is, without great malice in tlieir hearts,) pHAP. II.] INQUISITION UNMASKED. 65 consequently it is only necessary to collect them into the fold, causing them, by banish- ment and other corporal punishments, to enter into themselves, to reflect on the cause for which they suffer, and also to learn not to give more credit to the yain opinions and calumnies of man than to the Scriptures. With regard, therefore, to the chastisement to be inflicted on you, (speaking to the heretics,) it is rather intended as a warning to you than a real punishment." * The Holy ♦ S. August, Epist. xciii. n. 10. No pains can be too great in order to clear up the opinion of so great a doctor of the Church, which, from being misunderstood, had caused so much injury. For this reason, as well as because the passage above quoted furnishes a full confirmation of my text, I have thought it best to copy the original words in this place : " ^ed plane in eis qui sub nomine Christi errant y sediicti h perversisy ne forte eves Christi sint errant es, et ad gregem taliter revocandce sinty temperafa severitas, et magis consuetude servatur, ut coercitione exilioruniy atque damnorum admoneantur considerare quid, quare patiariiur, et discant prccponere rumoribuSy et calumniis hominum scrip- turas, qiias legunt. Quis enim nostrum, . quis vestrum non laudat leges ab imperatoribus datas adversus sacrificia pa- ganorum ? Et certe longe ibi poena severior constituta est ; illiiis quippe impietatis capitate supplicium est. De vobis aufem corripiendisy atque coercendis habita ratio esty quo potius admoneremini ab errore discedere, quarn pro scelere spunir^mini. Potest enim Jbrtasse etiam de vobis dici, qiiod VOL, I. F 66 INQUISITION UNMASKED. [cHAP. II. Doctor, on the same occasion, also affirms that the name of Christian, borne by every one who has been baptized, is an additional motive for his being treated with more benignity than was used in his time towards idolaters, because the same are less distant from the true Church ; an opinion diametri- cally opposed to that of the friends of the Inquisition. It consequently becomes evi- dent that the passage of St. Augustin^ on which the partisans of rigour lay so much stress, does not so much contain a retractation as a limitation of his former opinion, in which he consents to the adoption of a certain degree of corporeal punishment towards here- tics, inducing them by the way of correction to enter into themselves. Such was the state ait Apostolus de Judais : " Testimonium Hits perhibeo, quia zclum Dei habent, sed non secundum scientiam. Igno- rantes enim Dei Justitiam, et suam volentes constituerCf justiticE Dei non sunt subjecti.** (Ad Rom. cap. x. v. 2 & 3.) He continues making a parallel between the heretics and Jews, with regard to their mistaken ideas, and he only excepts those who are " Scientes quid vermn sit, et pro animositatc suce perversitatis contra veritate7n, etiam iibi notissimam, dimicantes. Horum quippe impietas etiam idololairiam forsitan stiperat. Sed quia nonjacile convinci possunt (in animo namque latet hoc malum J omnes tam- quam a nobis minus alieni, Icviori severitate coox'cnii'.r.'* CHAP. II.] INQUISITION UNMASKED. 6? of ecclesiastical discipline, with regard to the treatment of apostates, at the beginning of the fifth century, the period at which St. Augustin wrote; a state of discipline cer- tainly less brilliant than that which flourished in the middle of the fourth age and during the life-time of St. Hilary, but still incomparably more perfect than the one which existed in the succeeding ages. And shall it be just for the patrons of the Inquisition to quote the discipline of the fifth century in support of their establishment, when the records of a brighter era are equally preserved ? This tri- bunal might even have been entitled to our thanks, if it had not extended its rigour beyond the limits prescribed by St. Augustin; whose authority it is in vain to bring forward in favour of such an establishment, since it alone suffices to overturn it. The trial for heresy approved of by this Holy Father was public, and, as such, offered to the culprit all the advantages publicity affords. The sen, tence absolved the accused whenever he solicited reconciliation ; it was only in cases of obstinacy that he was condemned to a loss of property or banishment, but capital punish- ment was never inflicted upon him. If the latter was ever pronounced against heretics f2 68 INQUISITION UNMASKED. [cHAP. II. for outrages committed against Catholics, the bishops always interceded with the magis- trates till they obtained their pardon. Thus did St.Augustin himself intercede with Count Marcelinus in favour of Donatists who had killed a Catholic priest and mutilated ano- ther ; and with equal zeal, in the preceding age, did St. Chrysostom intercede with the people of Constantinople and the Emperor, in a discourse he pronounced in the patri- archal church of that city, on behalf of Eu- tropius, a patrician and consul, at that time persecuted for his political and religious ex- cesses.* According to the practice of those very times if any bishop, forgetful of the duties of his profession, attempted to punish heretics with death, the others refused to hold • S. August. Epist, cxxxiii. — This discourse of St. J. Chrysostoni, which, notwithstanding it was extempore, i"s a master-piece of eloquence, I have translated from Greek into Spanish, and shall lay it before the public as soon as its attention can be called to objects unconnected with the war an^ the formation of a new constitution. To this version I will add another in Latin of an inedited Greek panegyric in praise of St. Peter Philoptocus, or the friend of the poor, found annexed to an old parchment copy of the works of the above Holy Father, with as much fidelity as the injury of time will admit, and tQ each I shall join the original text. CHAP. 11.] INQUISITION UNMASKED* 60 communication with him. This, in fact, hap- pened to the two Spanish bishops, Idacius and Ithacius, whom, for that very reason, St. Ambrose and St. Martin of Tours excluded from their communion.* And has the Inqui- sition, perchance, acted in this manner ? If, then, its system is so much opposed to that practised in the Church during the time of St. Augustin, on what grounds can the au- thority of that Holy Father be now employed in its support ? The argument thus taken and applied from the authority of the above Holy Father, and which may truly be called the key-stone of the arch on which the edifice of the Inqui- sition had been raised, is thus completely destroyed. I shall therefore omit the minor texts of the other Holy Fathers, which the advocates of this tribunal equally allege in their own favour, inasmuch as none of them present the same difficulties as the preceding, and, besides, the same solution is applicable to all. Neither shall I take notice of the objections which may be raised from the au- thorities of the writers who flourished from the 6th to the 1 iJth century, the period when * Fleury Disc, iv. sur L'Hist. Eccles. chap. xiv. 70 INQUISITION UNMASKED. [CHAP. II. the Inquisition was established, for they all of them experienced the twilight which pre- ceded or followed the 9th and 10th centuries. In fact, so great was the haste of the clergy to wander from the path of the Apostles and primitive Christians in this particular, and so great also their deviation, that the fourth council of Toledo, held so early as the year 633, ordained that the Jews baptized by order of Sisebutus should be compelled to remain within the Catholic religion, notwithstand- ing it was sensible of the violence with which the above ceremony had been per- formed.* An era, therefore, in which the discipline of the Church had so much degenerated, it cannot be expected could furnish models capable of reforming that of our own time ; * The LVI. canon, as inserted in Dist.xlv. cap. v., is as follows : — " Qui autem jam pridem ad Christianitaiem coacti sunt venire (sictd factum est temporibus religiosissimi principis Sisebuti) quia jam constat eos sacramentis divinis sociatos baptismi gratiam suscepisse^ et chrismate unctos esse, et corporis et sanguinis Domini extitisse participes, oportet ut Jidem quam etiamvi vel necessitate susce- perunty tenere cogantur." The reason alleged by the Council is very singular, viz, " Ne nomen Domini blas- phemetur, et Jides quam susceperunt vilis et contemptibilis habeatur." 3 CHAP. II.] INQUISITION UNMASKED. 71 nor, for the same reason, ought the opinions which then prevailed to be of such weight as to prevent us from now making the necessary reforms. I ought not, however, to pass over another argument unnoticed, which does not so much tend to arraign the truth of my position as to elude the strength of the reasons on which it is founded, or rather to destroy one of the principal grounds of credibility the Christian rehgion has in its favour. The friends of the Inquisition argue that the faithful of the first ages did not exhort monarchs to proceed against the enemies of the Church, because the cross of Christ had not been yet placed on their diadems ; whereas persecution was extremely frequent in those times, in which, nevertheless, no other language could have been adopted than that of forbearance. But, add they, as circumstances altered by the conversion of the Emperors to Christianity, church-discipline also partook of another form. By this, certainly, must be meant that if the Christians of the primitive Church displayed meekness and charity, even towards their persecutors, it was because they had not yet acquired sufficient strength to make themselves feared. A chimerical evasion 11 IKQUISITION UNMASKED. [CHAf . \U indeed, and as contrary to the truth of his- tory as it is injurious to the memory of the martyrs, whose intrepidity and serenity un- der death and torments, as well as generosity towards enemies, at the same time that they manifest the divine character of the religion they taught, also Contradict the calumny with AVhich it is attempted to tarnish their heroic virtues, by giving them the appearance of hypocrisy and weakness. If such sentiments could be supposed to have existed in the ancient Christians, and if it could be argued that it was their intention to put the enemies of the Church to death, under a belief that they thus rendered a service to the faith, I do not see how the death of a martyr had any thing in it more admirable than that of a malefactor, nor how it could be affirmed of them that they were " lambs sent among wolves,*' according to the expression of Jesus Christ himself, since the propensities of nature cannot be disguised ; for the cub of the lordly ranger of the forest, though his talons are not yet grown, in his temper cannot be mistaken for the offspring of a milder race. At least iSt. Augustin avails himself of this comparison ?igainst the Donatists, who, when persecuted for their opinions, boasted of CHAP. 11.] INQUISITION UNMASKED. t^ meekness and toleration towards the Catho- lics, against whom if they did not then employ their fury,. it was not so much for the want of good- will as of power.=* This contra- diction of principles, for such at first sight it appears, is a new confirmation that the mean- ing of the Holy Doctor, in the whole of his letter to Vincentius, is no other than that a certain degree of correction may be used towards heretics. Nothing, however, can so effectually destroy so absurd an answer as the testimony of two celebrated writers of the ages of persecution, who concur in stating that the Christians were not devoid of means to avenge themselves of their ene- mies, if they had so wished to act, but that their spirit was that of meekness as received from the Apostles and their Divine Master. The first of them is Tertullian, who, address- ing himself to the Gentiles, uses the follow- ing words : " Whom is it we can hate, when, by the principles of our religion, we are bound to love even our enemies ? Whom is it we can offend, who are not allowed to avenge injuries, because we consider revenge as the greatest of crimes? Of this benignity I call on you to bear * S, August. Epist. cxiii. n, IL 74 INQUISITION UNMASKED. [CHAP. 11. witness, ye magistrates, who have so often aggrieved us, partly in order to fulfil the laws, and partly at the instigation of your own ferocious inclinations. With such inhu- man treatments, say, what conspiracy plotted by the Christians have ye discovered? or what vengeance has been sought by men so re- solved to die? And certainly it is not through the deficiency of means, since torches are not wanting to burn the whole city in one night if we wished it. But far be from us such an alienation of mind as to act as if a religion which has God himself for its author were to be avenged with fire lighted up by the hand of man ; or that we refuse to bear injuries, since by them virtue is best purified. I will even add more. If it was our wish to avenge ourselves as declared enemies should we be deficient in armies to eflTect our purpose ? It was only the other day that we appeared among you, and we already fill the whole empire, — the cities, islands, castles, towns, villages, camps, tribes, decurions, pa- lace, senate, and forum ; in short, the temples alone we leave unoccupied to you. What con- flict could ensue, even with unequal forces, in which courage would be wanting to men who, under torments, suffer themselves to be torn to CHAP. II.] maUISITION UNMASKED. 7 5 pieces with the greatest serenity, if our mili- tary discipline did not enjoin us to die rather than kill another ?"* Such was the language of the Christians, and such the spirit of meekness which ani- mated them in the second and third ages of the Church, the period when Tertullian lived. This virtue, therefore, cannot be denied them without a great share of levity being attri- buted to this celebrated writer ; for it would have been unpardonable to proclaim senti- ments as being prevalent which were contrary to the general opinion. These same senti- ments are, besides, expressed by St. Cyprian, a cotemporary author, and also confirmed by St. Augustin.t With regard to the fourth age, let us listen to Lucifer, bishop of Caller, and a writer of that time. Addressing himself to Constantius, in the name of all the faithful, he thus ad- monishes him: " Let angry waves aujd violent whirlwinds be raised up against us by thy order, oh! Emperor, we will still remain more stedfast ; and, far from being alarmed at the horrors of the storm, we shall derive fresh * Tertul. Apolog. cap. xxxvii, t S.Cyprian. Ad Demetrianum. — S, Augus. De Civit. Dei, lib. xxii. 76 INQUISITION UNMASKED. [CHAP. Hi courage in proportion as the dangers in- crease ; for the Christian does not easily yield to the evils by which he is assailed, but rather discovers more grandeur of soul when tyrants are most jealous to oppresis him. The persecution increases, so does the glory of the soldiers of Jesus Christ; and torments, instead of drawing us from the contest, cause us to return to it with fresh ardour. Thyself wilt confess the trutli of this, when thou seest us step forward and defend the faith with the same courage throughout the whole empire; neither shall we be deceived by thy detest- able caresses, discouraged by thy threats, or overcome by the cruelty of torments; for we are fortified by that same Lord, who promised to be with us even to the end of the world. *- We will therefore proceed till thou shalt have destroyed our bodies, as we have hitherto travelled on under the shield of Jesus Christ, clothed in the armour of his piety, guided by his spirit, and maintaining ourselves in- flexible to every suggestion intended to make us forget our own dignity. We undoubtedly suffer when our bodies are exposed to tor- ments, but we also teach, by our example, that no violence is sufficient to wrest the wise 8 CHAP. II.] INQUISITION UNMASKED. 77 man from his opinion and purpose to the detriment of his character ; and that it is highly advantageous to suiFer for God, who is truth itself. As for the rest, it concerns me little whether thou causest me to die, by piercing my head with a nail or my breast with a lance ; my hands bound, or unbound ; my face downward)*, inclined, upright, or raised from the ground ; that thou command- est me to be killed in my bed, my head severed from my body with a sword or sabre, or reclined on a block ; that thou impale me, fix me in the form of a cross, or consume me by a slow fire ; that thou bury me alive, hurl me down a precipice, or plunge me into the bottom of the sea. I care not whether my body afterwards becomes a prey to the birds of the air and the dogs of the field, or whe- ther, in thy presence and with cruel com- placency, it is torn to pieces by wild beasts and devoured ; for in the end I shall be safe and unhurt before God."* Such were the sentiments of the faithful, respecting their conduct to enemies of the Church, in the first ages of its establishment. And, let me now ask, could men who uttered * Lucifer Calar. Moriendum esse pco Filio Dei. 7S IN^QUTSITION UNMASKED. [cHAP. IJ, such language as this harbour in their breasts any desire of superior power, or wish they were possessed of the means to oppress ? No greater absurdity could be set forth to the world than to suppose that the martyrs who braved all the horrors of death with such great courage, in order thereby to prove the divine origin of the religion they professed, would have authorized persecutions under a plea of that same religion ? Can any greater outrage be committed against their memories than to affirm that, for religious purposes, the use of dungeons, torments, and execu- tions, (for of such, in fact, is the Inquisition composed,) could be approved of by men who considered it their duty to endure them, and who confidently expected that the de- gree of happiness .which awaited them would be proportionate to the atrocity of their sufferings ? Martyrs of religion ! Heroes of Christia- nity and philosophy ! Ye gave to your own age, as well as those which were to come, the most irrefragable proofs that the doctrine of Christ crucified enlightens the understanding and inflames the heart. Ye also bore witness that if the most sacred property of man con- sists in his opinions, the most inviolable of all CHAP. II.] INQUISITION UNMASKED. 79 is his religion. Eternal praise be to you, who knew how so worthily to defend it. Eternal execration be the portion of the wicked, who pretend to govern the understandings of others by means of force and terror. Re- ceive, noble souls, the homage offered to the sincerity of your sentiments, by an impugner of the Inquisition, and of which its advocates in vain seek to deprive you. CHAPTER III. The Inquisition J far from contributing to the Presej^vation of the true Belief is only suited to encourage Hypocrisy and excite the People to Rebellion. JiiVEN if meekness were not one of the characteristic virtues of the Christian religion, it nevertheless ought to be esteemed as the best means of extending and preserving it in all its purity. Meekness tends to aid truth in her conquests j and whenever both act in due concert scarcely any understanding can resist their united power. He who possesses the celestial gift of sweetness makes the uni- verse his own, for no heart is so jealous of its freedom and independence as not to be- come its tributary. It is in this sense I understand the happiness Jesus Christ pro- mises to the " mild of heart," when he says, " they shall possess the land," as a reward CHAP. III.] INQUISITION UNMASKED. 81 for this divine quality.* The tranquillity with which they enjoy the fruits of their virtue is equal to the facility with which they acquired it ; for there is no one so unjust as to disturb it, as David, in former times, gave his assurance.! Monarchs themselves, accord- ing to Seneca, make their thrones more secure when they found their empire on the principles of mildness. " Quisquis placide potens, Dominusque vitae, servat innocuas manus, Animaeque parcit, longa permansus diu Felicis aevi spatia vel coelum petit, Vel laeta felix nemoris Elysii loca." J -What man of might with favour leads his land, And of his own lifes-lord reserves his hurtless hands to good. And gently doth his empire guide without the thirst of blood, And spares his soul, he having long led forth the ling'ring days Of happy age, at length to heaven doth either find the ways, Or joyful happy places else of fair Elysius wood. And if this observation holds good in all cases in which it is intended to conciliate the * S. Matth. cap. v. v. 4. Beati mites, quoniam ipsi possidebunt terram. f Psalm, xxxvi, v. 11. Mansueti aiitem hcereditabunf erram, et delectabuntur in multitudine pads. X Luc. An. Seneca, Here. Furens, Act iii. v. 738. — • Translation by Jasper Hey wood, 1581, black letter. VOL. I. G 82 INQUISITION UNMASKED. [CHAP. III. affections and opinions of mankind in favour of truth and justice, will it not have a double effect in maintaining the belief of religion ? It is therefore useless, or at least difficult for the understanding, that is, the most inde- pendent part of man, to yield to the impres- sions it is attempted to excite in favour of the faith, if, at the same time, its natural companion, the will, is ruffled by irritation. In this case the victory would be ideal, and the insensate man who should flatter himself with thus having obtained one, would reap no other fruits from his labour than a satisfaction equally vain and criminal. In welcome, let the Mahometan professors of divinity boast their ignominious right of forcibly sustaining and propagating their tenets, in default of prudence and reason ; let the Arabs, who intruded into Europe, ruined Greece, and trampled science under their feet, establish the credibility of their dogmas by means of the scimitar ; but the ministers of a religion like that of Jesus Christ, founded on enlightened principles and requiring a rational worship, can never promote its respect and defence by measures of violence and rigour.* Can any enlightened * Rom. cap.xii. v. 1. *' Obsecro vos,JratreSfper miseri- S CHAP, III.] INQUISITION UNMASKED, 83 Spaniard be found to exist who, jealous of the glory of his nation, which having at length reached the happy day when the chains of despotism are broken asunder and the voice of truth heard among us, shall fail to cry out against a tribunal that wears the cross of Jesus Christ accompanied by the sword of Nero as the boasted emblem of its authority ? Is there any one so prejudiced as not to discover, on the slightest reflection, that a tribunal which presents the monstrous aspect of meekness supported by terror, far from doing honour to the Gospel and human reason, only deserves to find a place in the book of Mahometan precepts. The coat of arms used by the Inquisition is a green cross on a black field, with an olive-branch on the right side and a naked sword on the left ; and this motto, taken from Psalm Ixxiii. v. 22, placed round : " ExurgCy Domine, judica causam tuam," Arise, Lord, plead thine own cause; — the original text however is Dens and not Domine. Whoever was the author of this motto could never have read in the Gospel that God did not send his son to condemn the world, but cordiam Dei ut exhibeatis corpora vestra hostiam viventem sanctum Deo placentem, rationahile obsequium vestrum." g2 84 INQUISITION UNMASKED. [CHAP. IH, to save it ; since, otherwise, he must have discovered the great contradiction contained in the above motto, and its entire want of analogy with the doctrine whose defence is alluded to.* This application is not less improper than the use frequently made in the same manner of the words of Galatians, chap. vi. V. 14. " JVobis autem absit glori- ari, nisi in cricce Dojnini nostri Jesu Christie" But God forbid that I should glory, save in the cross of our Lord Jesus Christ ; — since St. Paul, in the same chapter, recommends mildness towards those who may have erred.t How could the Apostle ever have imagined that his authority was, in time, to serve to uphold such a system of rigour, when the same was so contrary to his intentions ? And, if the Inquisition has thus so wrongly inter- preted the Scriptures, why should it appear strange that there is so little conformity be- tween the two ? I ought not, however, to * S. Johan. cap. iii. v. l7. " Non enim misit Deus Filium suum in tnundutriy ut judicet mundumy sed ut salvetur imm- dus per ipstim ." + Ad Galat. cap. vi. v. 1. " Fratres, et si prceoccupaUis Juerit homo in aliquo delicto^ vos qui spirituales estis, hiijus- modi instruite in spiritu ienitatis, considerans te ipstim, ne et ill tenteris," v^v// a ^^ (7l^zi^ y'/,-// ^v//// > ru//^/ // /•, 7 ///^: // ?r:////'^/?/:7/iy (9/^,/'r'r'/\), /Apf^e^y/y^y AA/^ CHAP. III.] INQUISITION UNMASKED. 85 forget to notice that the green colour, so much in vogue with the inquisitors, is also held sacred by the priests of Ma- homet.* Truth requires no foreign aid for its sup- port, and the means by which it makes rapid progress is to announce it with dignity. Simi- lar to the stars which shine by their own light, it borrows no aid to dissipate the dark- ness of error, whereas the latter only gains ground by dark intrigue or violent practices. Truth, by merely shewing her face, gains all hearts ; and her empire is so sweet as to resemble the most perfect freedom. Tyrants, to whom the accents of truth are unknown, derive from error the grounds by which they * Vide plate No. 1 . The original edict of the Inquisi- tion from which this plate is taken, besides the mistake of Domine for Deus, which of itself proves how little the inquisitors handle the Bible, contains two other traits of the ignorance so peculiar to this tribunal, which we have conceived it our duty to correct on the present occasion, since no less than three blunders occur in five words. The first is an hispanism in the verb exurge, con- formably to which it is by them written esurge, with s instead of x, as pronounced in some provinces of Spain, where the genius of the language tends to avoid double and compound consonants. The second is the insertion of etjudica, instead o^ judica alone, in conformity to the text, by which means the sentence is greatly enervated. 86 tNQUISITION UNMASKED. [cHAP. IIL tall themselves lords over great empires, when, perhaps, they rule over no other than Vast wildernesses, since they cannot conciliate the affections of a single heart. The heart of man does not yield to base or violent means ; its innate nobleness obliges it to detest every thing that is surprize and coercion. Even sup- posing it was at length persuaded by this eloquence of tyrants, it would reach the con- queror sad and dejected, and again escape from his power, as soon as its trammels of confinement were broken. What then are the arms which ought to be employed in the defence of the religion of Jesus Christ ? Ought they to be those of truth or of error ? If we were to say the latter, all the examples presented in history of conquest made by the faith would rise up in judgment against us. No one can be pointed out that has not been owing to the demonstration of truth, and the moderate manner in which it has been displayed. It may, therefore, be affirmed without rashness that the sincere conversions made by the Inqui- sition have been none, or very few, from their having originated in terror rather than persua- sion. Inexorable punishments employed in tjie support of a doctrine most assuredly must CHAP, ra.] INQUISITION UNMASKED. 87 render it suspicious ; for, according to what has already been laid down, it conveys the idea that the understanding would not other- wise embrace it, notwithstanding its natural propensity to the truth. For this same reason, if it were credible that this tribunal had ob- tained the conversion of the many thousand victims it has condemned to grievous corpo- real punishments after they had been recon- ciled, it would also result, that the means least analogous to influence the understanding and will were the best to attract man to the Catholic faith ; and, consequently, that the latter was not the true religion, inasmuch as the arms of truth would not appear so well suited to sustain and propagate it as those of error. Whatever be the intention with which we apply means to obtain an object, it is evident that these ought to be proportioned to the end in view ; for, as all have a natural tendency towards their object, we should otherwise attain this by using means contrary to those we at first proposed. Under this supposition, when the violence employed for the attain- ment of an object is diametrically opposed to the means connected therewith, instead of carrying us to the point in view, it would 88 INftUISITION UNMASKED. [CHAP. III. lead us to the opposite one, as the nature of things, in this case, would have more power than the caprice of the agent. And, as the conversion of a heretic consists in the change effected in his ideas and sentiments with re- gard to religion, and fresh ones being inspired into him, whenever violence is used it will only serve to make him adhere more perti- naciously to his first opinions. It would really be a phenomenon in the moral feelings of a man who, being outraged under pretext of his happiness, should not avenge himself, by denying to his oppressor that satisfaction he would derive from a victory. Thus would it happen, that he who has sufficient courage to brave death will remain unalterable, will sport with the impotence and cruelty of his persecutors, and run to the place of execu- tion as if to a triumph. On the contrary, the weak man, terrified by the idea alone of tor- ments, will externally abjure his errors under as many forms as may be prescribed to him, and in his heart will detest the authors of his oppression and perjury. The strong, in these cases, support the whole weight of the persecution, but the hypocrites fare best, and, for that reason, will always be most numerous. CHAP. III.] INQUISITION UNMASKED. 89 Since man is a creature as noble for his understanding as he is unhappy for the fa- cility with which he is carried away by his passions, with what circumspection ought he not to treat his fellow-creatures, when he is sensible of the great condescension he himself requires ? The undeniable principles in which we all agree are very few in number; but the consequences derived from them are infinite ; because the manner in which we view their relations is infinitely varied. Edu- cation, the beings which surround us, and a thousand other causes, imperceptibly act upon us, and hold powerful influence over pur judgments, by modifying in numberless ways our perception of objects, and present- ing them perhaps under every shape but the primitive and natural one. Do we not fre- quently see propositions meet with contra- diction when they appear to us palpably clear, by merely being combated by objec- tions almost as strong as the proofs on which they rested ? On the other hand, the intellec- tual faculty of man having no precise and exact measure of the vigour with which he exercises its operations, neither has he any of the quantity of light he requires to call 90 INQUISITION UNMASKED. [CHAr. III. them into action ; so that what to one man appears simple and evident to another seems compHcated and obscure ; and even with respect to the understanding itself, it often happens that that is absurd to-day which yes- terday bore the aspect of truth. Conse- quently, to pretend to convince others by our own judgment is to endeavour that they should see through our own eyes ; or rather, it is to oblige them to be led on blindfolded, and without any other plea than force. It is, speaking of religion, to make them victims of their own ingenuousness, if they have the courage to confess they are not con- vinced ', or of hyocrisy, if they are divested of this courage, which is most commonly the case. It must therefore be deemed self-evident that the system of rigour adopted by the Inquisition, in order to oblige those to return to the Church who have wandered therefrom, besides being useless from the means being inadequate to the object in view, produces a contrary effect by causing them to continue more obstinately firm in their primitive re- solve when they appear most to give it up. It equally follows. that the Cathohc religion. CHAP. HI.] INQUISITION UNMASKED. 91 by being sustained by false zeal, experiences real injury; for the dogmas of faith are in a certain degree confounded with error when they are defended with its arms ; and the faithful also are mistaken for those who only feign to be such, when the latter, instead of being excluded from Christian communion, are obliged to continue therein at the risk of scandalizing the rest by that luke-warmness so natural to one who acts from compulsion and not conviction. (Strange, indeed, are the contradictions dis- covered in the proceedings of this tribunal. It has subjected culprits to an examination under torture, in order to wrest from their mouths the truth with regard to their belief; and, at the same time, has placed them on the scaffold when they have refused to com- mit a falsehood, not to act treacherously to their own sentiments and to the truth. Such conduct would be pardonable if a forced and purely mechanical worship was pleasing to the Creator ; but if it is the intention that gives value to human actions, — if the prefer- able worship is that of the heart, — if it is the spirit of those who adore the Celestial Father which makes their adoration real,— what glory can result to this infinite Being by such 92 INQUISITION UNMASKED. [CHAP. III. outrages ?* How can he have been pleased with those offerings made to him by the Inquisition of somany unhappy victims, terri- fied by its threats, or exterminated by its rigour ? The priests of ancient Mexico were impressed with the idea that they appeased their deities by offering to them the hearts of the wretched persons chosen for these horrid sacrifices, torn by main force out of their entrails.t And, forsooth, do not our Inquisitors resemble them ? Examples are not wanting in this tribunal to confirm the inutility of all violent measures * S. Johan. cap. iv. v. 23. " Sed venit hora et nunc est, quando veri adoratores adorabunt Patrem in spiritu et veritate. Nam et Pater tales guarit qui adorent eum. — v.9,4>. Spiritus est Deus, et eos qui adorant eum in spiritu et veritate oportet adorare." ■\ The mode of offering sacrifice among the ancient Mexicans was by placing the human victim on a large flat stone or slab, which stood on the upper area of the tem- ple, when the Topiltzin or high-priest dexterously opened his side with a knife formed of flint, and tearing out the heart, whilst yet bleeding, he offered it to the sun, and afterwards threw it at the feet of the idol invoked. (Vide Clavigero, book vi.) This was done under the idea that the Divinity was most pleased with the offering of the heart of man; and hence was it common among the Mexicans to say, that a burning heart was most acceptable to God.— Tk. CHAP. III.] INQUISITION UNMASKED. 93 in matters of religion. One of them is evinced in what happened, about the year 1334, with , a clergyman of the name of Benanat, a resi- dent of Villafranca del Panades, in the princi- pality of Catalonia. Whilst a prisoner, and condemned to the flames together with two companions, he consented to be placed on the faggots rather than retract from his errors ; but when one of his sides was scorched, and the pain had become so great that he could no longer endure it, he cried out to be removed from thence, for he was ready to abjure. He was, consequently, taken down, and, on abjuring, was reconciled to the Church ; but, fourteen years afterwards, it was discovered that he had continued un- der his former erroneous maxims. Imprisoned a second time, and placed on the burning pile, as in consequence of his having relapsed he had now no pardon to expect, he died persisting in his contumacy, as most proba- bly he would have done the first time if that sentence had been, like the second, irrevocable.* What interesting but galling truths, what just but poignant reproaches, would not * Eymeric, Director. Inquisit. part ii, qusest. xl. n. 5; part iii. n, 20i, 94 INQUISITION UNMASKED. [CHAP. III. the tribunal of the Inquisition have heard from the mouths of the victims it so untimely immolated to the faith if they had been al- lowed to pronounce them ? Now, at least, ■^e may figure to ourselves one of them remonstrating, from the place of execution, with the members of that tribunal^ in con- formity to the very principles of the Ca- tholic faith, and indeed as one of the Holy Fathers might have done, under the follow-* ing terms : " What is it ye require of me, ye judges who thus defend the religion of Jesus Christ? Is it that I renounce my own opinion and acquiesce in yours? This command might be proper if it rested with myself to change my understanding, in order to decide on the reasons you comprehend, but which to me it is not given even to perceive. When my lips were to pronounce the truth ye propose to me, and which till now I have not known, would it depend on my own will that my sentiments were not conformable to my words ? Why then would ye force me to mock your credulity, if ye hold my protests as sincere 5 or why should I be perfidious before God, and become ridiculous in your eyes, if, as prudent men, ye consider thena CHAP. III.] INQUISITION UNMASKED. 95 : as suspicious ?* If I act with candour and good faith I draw down upon me all the inexorable vengeance of the law; but, by making use of duplicity and dissimulation, I become, in your opinion, deserving of par- don. As ministers of the God of truth, how is it ye think to increase his glory, by giving to him as adorers the weak and perjured.^ Suffer me to tell you, your conduct ought to be very different with me. If I em- brace error, because I am dazzled by its appearances of truth, I shall be no other than an impostor, and, at most, deserving of your contempt ; whilst if I embrace it with a full knowledge before me, I shall be a madman, entitled to your pity rather than your indignation."! " Thy opinions," ye answer me, " deserve punishment, because they contradict the in- * Thus TertulHan, speaking of the persecutions which the heathens raised against the Christians for their opi> nions in matters of religion, in his Apologet. cap. xxvii, n.l, observes : " Sed quidam dementiam existimant, quod quum possintus et sacrificare in prassenti, et illcesi abire, manente apud anirmim proposito, obstinationem saluti prceferamvLS. Datis scilicet consilium quo vobis abutamur** t The same TertuUian, Apolog. cap. xlix.- n. 2. " Sed in hujusmodi error si utique irrisione Judicandum est^ non gladiis et ignidusy crucibus et bestiis.** 96 INQUISITION UNMASKED. [CHAP. Ilf. fallibility of God himself in the dogmas of religion ;" but, I would ask, is it by fire and sword that these dogmas are rendered more credible ? If the most obvious truths become obscure under the sensations of pain, will those which exceed our capacity be then ren- dered more perceptible ? And even granted that I am unfaithful to the Divinity, is it ye who are charged to avenge his cause ? May it not rather be said, that it is your own interests and not those of God ; a spirit of faction, and not a zeal for religion, which impel you to anticipate his justice ?* And if the virtue most pleasing to him is charity, can an holocaust be grateful to him, in which ye so egregiously infringe its precepts ? Who will be induced to believe that ye pity my aberrations when ye hasten my ruin, which, possibly, at a future time I might have * S. Johan. Chrysos. Horail. xxix, in Matth. cap. ix. V. 1, n. 3. ** Multi duni Deum vindicare videntur^ suis indidgent affectibus, quum oportet omnia cum mansuetudine tractare. Etenim universorum DeuSf qui fulmen vibrare potest in eos qui ipsum blaspkemiis impetunty solem suum oriri curat, imbres emittit, ceteraque omnia largiter sup- peditat ; quern imitari nos oportet^ rogare nempe, monerCf insituere, cum mansuetudine non irasci, non effcerari. Neque enim ex blasphemia quid nocumenti ad Deum accedit uf. til excandescas, sed qui blasphemaverit ipse vulnus accepitJ* 7 A CHAP. III.] INQUISITION UNMASKED. 97 escaped ? How is it ye can feel an interest for my salvation when ye ciit short that time God had, perhaps, granted me for my con- version ? Neither does it suffice that ye should consider my malady as incurable, since the Church, as a tender mother, never despairs of the recovery of her children.* If I merit death, because I object to truth from not knowing it, what punishment ought not ye to undergo, who, knowing it, treat it with no less regard than ye do error? Confess rather that it is distrust in that religion whose eternal duration ye blazon forth, as promised by its author, and not its belief, that impels you to sustain it in a manner so foreign to * The same S. John Chrysostom, commenting oa the parable of the wheat and the tares, in his Homil. xlvi. on Matth. cap. xiii. v. S'i, observes : " His autem duobus ratiocinils movetur (Pater Jamilias) ad illos servos cohi- hendos : primo quod frumentum nan Icuderent ; secundo quod illi fhcereticij incurabili morbo laboraiitis, luituri essent. Q^apropicr si vis illos puniri sine frumenii noxa, expecta tempus oporttmum. Quid autem aliud sibi vidt quum dicit : Ne eradicetis simid et triticum, quani hoc quod dicimus ? Si arma moveatis id hcereticos occidatis, multos etiam sanc- torum una occidi necesse est, vel etiam multi ex istis zizaniis ut verisimile est, convertentur in frumentum. Si ergo prius. illos eradicetis, fnmento etiam ventiiro noccbitis, si illos qui mutari et boni effici possunt eradicetis. Non igitur prohibet hcereticos reprimerc, sed occidere vetat.'' VOL. I. H 9i INQUISITION UNMASKED. £cHAP. III. the work of God, and so much opposed to the sentiments of humanity.* I may perhaps havfe erred in not giving my assent to dogmas it was difficult for me to understand ; but ye, as ministers of a religion it is your duty to uphold, discredit it by means of terror : nay, ye even deny it in a solem.n manner by attri- buting to it a character which only belongs to sects founded by men, whereby its falsity is argued. "t " Cease then, and cease, also, ye miserably deluded people, to celebrate among your- selves as a triumph the punishment ye * St. Athanasius, in some measure excusing the Catho- lic bishops who, compelled by the Arians, had embraced their sect, in his Hist. Arian. ad Monach, n. 33, observes : " Quod si indecorum omnino Juerit, Episcopos quosdam horum (damnorum) Jbrmidine sententiam mutasse, multo sane indecentiuSy hominumque suce sententice diffidentium est, vim inferre, ac invictos cogere. Non enim gladiis out teliSf non militum manu ventas pnedicatur, sed suasione et consilio, QucBuam autem ihi suasio ubi Lnperatoris Jbrmido? Aiit, quodnam consilium ubi qui ahnuit exilio tandem vel morte nmlctatur?^^ I The same S. Athanasius says of the sect of Arius, ibid. n. 67: " Quos verbis nequit ad suam adducere senten- tiam, hos viy hos plagisy et carceribus ad se trakere nititury propalamquc facit se quidvis polius, quam religionem esse. Religionis quippe proprium est non cogere sed persuaderey CHAP. III.3 INQUISITION UNMASKED. 99 prepare for my constancy, or, if ye choose, my obstinacy, since it has even rested with myself to deprive you of this exultation. At least spare to the Catholic religion, if ye really seek its respect and increase, the shame that its victories should depend on the will of its enemies.* Rather declare that it has not been the rights of the Divinity, but the law of the strongest, which has braced your arm to vengeance ; and this not for the pur- pose of doing good, but to sustain hypocrites, and add to their number." — With reasonings of this kind might any one of the many vic- tims which have perished in the hands of the Inquisition have remonstrated with his judges, if the authority lavished by kings on this tribunal had suifered him to utter his sentiments. It is forced dissimulation then, * Tertullian, reproaching the Roman people for the pleasure with which they witnessed the execution of the martyrs, in his Apologet. cap. xlix. n. 2, uses the following words : " De qua iniqmtaie saevitia, non modo ccecum hoc milgus exultat, sed et qicidam vestriim, quibus Javor vulgj de iniquilate captatiir, gloriantur, quasi non totum quod in nos potestis nostrum sit arhitrium. Certe si velim Christi- anus sum ; nunc ergo me damnabis si damnari velim. Quum vero quod in me potes, nisi velim, 11021 jjotesjjam meet voluntatis est quod potes, non tiue potestatis." H 2 100 liVQUISITION UNMASKED. [CHAP. III. and not the sincere conversion of the heart that is produced by measures so inconsistent in themselves.* Nothing, in short, can better prove the violent system on which the Inquisition is founded, and, consequently, its inefficacy to * The Author of the work entituled " The Tribunal of the Holy General Inquisition of Spain vindicated from the sophisms of false philosophy," speaking of the just reasons the Church may or may not have to oblige the wayward 10 return to its bosom by means of corporal punishments, and what influence this may have over the understanding, thus observes: " Since all the corrections and chastisements used to sustain the honour of religion have not even been sufficient, would spiritual arms alone suffice for the Church to triumph over the whole power of Hell ? Would persua- aion of itself be sufficient to propapate truth and dissipate error ? Would reasons suffice for the understanding, the only means of defence and attack used in spiritual wars ? What ignorance ! In the king's tribunals do we not conti- nually see most severe punishments in recent executions ? Do we not also meet with some cruelties in the administra- tion of justice which exceed the bounds of humanity and right reason ? Are the punishments inflicted by the Inqui- sition different from those used by these tribunals ? Does not the only difterence consist in the execution being changed into other hands ? And shall a circumstance so merely formal as this become an object of indignation ?" — I shall refrain from making any comment on this multitude of inconsistencies, for it is sufficient to present them in ardei; to prove their futility. CHAP. III.] INQUISITION UNMASKED. 101 maintain the faithful in the belief and reduce apostates to their duty, than the frequent disturbances it has caused among nations, either at the time it was erected or after its functions had commenced. It is in these cases, that the natural repugnance which man has to force being exercised under pretext of religion displays all its activity. Hence the history of this tribunal is, on the one hand, a continued series of insurrections on the part of nations which have either opposed or sought to throw off its yoke ; and^, on the other, of the assassinations of inquisitors, of whom the aggrieved took secret vengeance when they found it impossible totally to emerge from their slavery. Omitting the latter cases, as less relevant to my subject, I shall confine myself to the mention of popular insurrections, and only insert such as are most deserving of notice. In Parma, in the year 1279, after the In- quisition had sent numberless persons to the flames, the indignant people rose and liberated a lady of rank whom its officers "were one day carrying away to prison. They immediately proceeded to the convent of the Dominicans, who had charge of the tri- bunal, sacked it, beat the friars, and turned 102 INQUISITION UNMASKED. [cHAP. III. them out of the city.* In 1420, a commotion, which lasted three days, broke out in Valen- cia, in consequence of Alphonsus V. attempt- ing to introduce the Inquisition there, when the military resisted its establishment the most.t Another popular commotion took place in Zaragoza, in the year 1485, when their Catholic Majesties Ferdinand and Isa- bella established it there according to the new plan of Torquemada.t The Aragonese, * Paramo, De Grig. S.Inquisit. lib. ii. tit. ii. cap. xxx. n, 13. f Ibid. lib. ii. tit, ii. cap. ix. n. 5. + Juan de Torquemada was the chief founder of the Inquisition in Spain. He was a Dominican friar, and confessor to Queen Isabella before she ascended the throne. Previous to her marriage with Ferdinand he had made her promise if ever she attained the crown to use all her exertions to extirpate heretics and infidels. On the vinion of Aragon and Castile the power of their Catholic Majesties was so much increased, that they re- solved to expel the Moors from Granada and the other points they still held in the Peninsula. Success crowned their efforts, and a considerable number of the Moors were forced to cross over into Africa. Many, however, remained behind, and the king and queen agreed they should i-etain their property, on condition they renounced their own religion. These miserable people, as well as the Jews, who then abounded in Spain, were thus obliged to turn Christians; but this was only in exterior form, in their hearts they still clung to their ancient religion C^AP. III.] INQUISITION UNMASKED. 103 flying to arms, refused to admit a tribunal of such a nature, on the plea that its judicial forms were opposed to the constitution and privileges of the kingdom ; and, notwith- standing they were afterwards compelled to consent to its erection, it was only for a given time, and under certain restrictions.* Xhe Catalonians did the same, when Lerida an^ other episcopal cities rose up, so that tlie inquisitorial establishment was not imposed on Barcelona till two years afterwards.! An- other insurrection likewise took place in and rites. Torquemada, under pretext of the injury religion and the state would experience from this dissimu~ lation, solicited from the queen a compliance of her promise. Her remonstrances had their due influence over the mind of the king, and they consented to receive the Inquisition into all the dependencies of their two crowns. Pope Sixtus IV. issued the necessary bulls, and made Torquemada a cardinal in return for his services. The king and queen named him Inquisitor General, and his conduct perfectly corresponded to their choice. During the fourteen years he enjoyed this dignity, historians report that he caused 100,000 persons to be tried, of whom 6000 were condemned to the flames. From this time (1684) the Inquisition prospered in all Spain, and uniformly followed in the rear of her conquests. — Tr. * Zurita, Anales de Aragon, lib, xx. cap. Ixv. — Antonio Perez. " Relacion del 24 de Mayo, y 24 de Sep." t Llorente, Anales de la Inquisicion, cap.iii. n. 12. 104 INQUISITION UNMASKED. [cHAP. 111. Zaragoza in the year 1590, to which the Inquisition equally gave rise.* In 1 506, whilst Father Diego Deza, who had been confessor to King Ferdinand the Catholic and a great favourite of his, of the Dominican order, and also Archbishop of Seville, filled the chair as Inquisitor General, a tumult took place in Cordova, in conse- quence of the proceedings of this tribunal. Rodriguez Lucero, Inquisitor of that city, persecuted the converted Jews in so cruel a manner that the people felt for their hard- ships, and rose in their behalf. So great was his bitterness and fury against those unhappy people that, in a boasting manner and by way $)f a proverb, he used to say, " Give me a Jew, and I'll render him back to thee burnt, (Ddmele Judio, y dartele he quemado.y^ The mob proceeded to the Inquisition with the Marquis de Priego at their head, who patron- ized them from being the lord of the country; and, bursting open the doors, set all the pri- soners at liberty, but Lucero escaped on horse- back. The King, being informed of the event, caused Deza to give up his office of Inqui- * Lupercio Leonardo de Argensola, Informacion de los Sucesos del Reino de Aragon, en los Anos 1590 y 1591, cap. XXX. CHAP. III.] INQUISITION UNMASKED. l05 sitor General, and conferred it on Cardinal Ximenes de Cisneros, ordering him, at the game time, to commence a prosecution against the Inquisitor of Cordova. On the latter being arrested and brought to the castle of Burgos the proceedings were re-instituted, and the witnesses examined of whom he was said to have availed himself for the perpetration of so many outrages. The sentence merely deprived him of his office of Inquisitor, and he was afterwards sent to fill a canonry which he obtained in Seville ; but there is no doubt that the recommendation of the king to Cisneros powerfully contributed to his being treated with this humanity, for, on naming the latter as judge, his Majesty gave him an in- junction to spare the honour of Deza, imd consequently of the Inquisition.* In the republic of Venice, in the valley of Camonica, the territory of Brescia, in the. year 1518, the inquisitors tried several persons for the crime of heresy, contrary to the sti- * Alvaro Gomez, De Rebus gestis Francisci Ximenii, lib. iii. — Diego Hurtado de Mendoza, Guerra de Granada contra los Moriscos, lib. i. iThe above saying of Lucero appears from an ancient manuscript note, placed in the margin of the said passage of Alvaro Gomez in the printed copy possessed by the inquisitor and bishop of Cadiz, Don Joze Escalzo Miguel, 10/5 INQUISITION UNMASKED. [cHAP. III. p.ulations entered into between the Pope and the Venetian government, by virtue of which these causes appertained to the civil power, from which circumstance serious injury arose to the parties concerned. In consequence of this affair a great ferment was excited among the people j and the Council called Of the Ten, having ordered the inquisitors to appear before it for the purpose of rendering in an account of their conduct, the magistrates annulled the proceedings and named fresh judges, and, even after this it was with the greatest difficulty that the sedition was ap- peased.^ In Majorca, about the year 1525, and during the war of the Comunidades,t the patriots under the direction of the Bishop of Elvas, who happened to be there, flocked to the Inquisition with an intention to burn it to the ground, undoubtedly because they considered such an establishment as inimical * Sarpi, Discorso dell' Origine, Forma, Leggi, ed Uso dell' Offizio della Inquisizione &c. f Comunidades (Communities) mean the Juntas or assemblies of the deputies from each town of Castile, which, on the part of the people, they represented, op- posed the views of the Emperor Charles V. whence a war originated between the monarch and his subjects, to which the above name was given. — Tr. CHAP. III.] INQUISITION UNMASKED. 107 to civil liberty, but the bishop of Palma, capi- tal of the island, who was a royalist, arrived in time and was enabled to restrain them. The inquisitors, not considering themselves safe, secretly fled from the island, whither they did not return till the endeavours of the people were frustrated by the adverse fate of arms, when the commotions ceased, and the ancient system of oppression was again established.* However one of the most terrible commo- tions caused by the Inquisition was that of Naples in 1546. I shall here extract the cir- cumstantial account given of it by Bishop . Sandoval, retaining, as much as I can, his own words : " Don Pedro de Toledo was at that time Viceroy of Naples, a man more ennobled by birth than the qualities of his mind. The Emperor Charles V. had ordered him to create an Office of the Holy Inquisi- tion there, under the same forms as those adopted by their Catholic Majesties in Spain. This measure was attended with great diffi- culty, because the Neapolitans, as well as every other nation except the Spanish, con- sider this tribunal as insufferable, and more * Paramo De Orig. S, Inquisit. lib. ii. tit. ii. cap. ii. n. 40. 1 108 INQUISITION UNMASKED. [CHAP. III. than rigorous. Before the Viceroy proposed his determination to the council, he managed to put several persons into office on whose concurrence he could rely. When he thought the propitious moment had arrived for bring- ing forward the matter, he proposed it with all possible moderation, magnifying to the people the great service that w^ould thereby be rendered to God and the Emperor, and how much his Majesty desired it for the good of the kingdom. The alteration produced in the minds of every one, on hearing that it was attempted to introduce the Inquisition among them, was very remarkable. All cried out that they would rather suffer themselves to be torn to pieces than consent to a mea- sure so harsh and dangerous.*' " The Viceroy was under the necessity of temporising, owing to the difficulty he met with, and at iirst judged it would be impossi- ble to carry the measure into execution, so great was the opposition among all the people, nobles as well as lower orders. But afterwards, that it might not appear as if he had been forced to yield, he again insisted on the measure proposed, and named the in- quisitors. One day, early in the morning, the people assembled in the square, and in order 2 CHAP, in.] INQUISITION UNMASKED. 109 that no division might arise between the nobles and people, which it was feared the Viceroy was plotting, they formed among themselves a league and termed it Union, by which they bound themselves by oath to favour and help each other against any person whatsoever who should attempt to alter the state or interfere with their liberties. Whilst things were in this crisis it happened that a man was carried prisoner through the streets^ who cried out that they were taking him as a prisoner to the Inquisition. The inhabitants rushed to arms, and, taking a crucifix for their standard, cried aloud, " Union in the service of God and the Emperor, and courage in defence of our city." The Viceroy ordered a party of musketeers to advance from the castle^, and directed them to kill every one found under arms. At the same time the three castles commenced a fire of heavy guns against the city, which did the most material injury to the buildings. They fought three days successively, and when each party was tired of slaughter a truce was agreed on, and emissaries were sent to the Emperor. During this commotion all the people were so in- censed against the Spaniards that even the smallest villages rose up against them, so 110 INQUISITION UNMASKED. [CHAP. Ill, much was the whole kingdom agitated. Capua, Nola, Aversa, and all the grain country round, were declared in a state of rebellion." " Placidio Sancho, one of those who had been sent with a report to the Emperor, at length arrived at Naples, and declared that it was the will of his Majesty for them to lay down their arms, and, pubhshing a general pardon, he executed thirty of the chiefs, whom the Viceroy was particularly ordered not to spare. Twenty-four galleys also ar- rived, and in them 2000 Spanish troops. In consequence of this the principal ring- leaders fled away together with many others, and the city was left half deserted. Of the persons implicated in this affair, some passed over to France, losing their property and country for ever ; others, to the greatest number, in six years* time obtained full par- don. The Emperor condemned the country to pay a fine of 100,000 ducats, besides the expenses and damages occasioned by this insurrection ; and further ordered that Naples, for 40 miles round, should be entirely dis- armed. The inhabitants of Naples were greatly afflicted at these events, and many abandoned the country, judging it an un- , CHAP. III.] INQUISlTrON UNMASKED. Ill happy lot to remain there, notwithstanding, in the opinion of every dfie, it is the most agreeable residence in the world."* So far our historian Sandoval. Who is there, on beholding the evils brought upon the Neapolitans by their resistance to the Inquisition, and reasoning according to the policy of the age, will venture to assert that princes ought to be sole judges of the nature and tendency of religious doctrines, and that the people are implicitly bound to obey their dictates ? What compact exists between both, as a basis of their respective relations, to authorize an assumption of power so mon- strous as this? Rather may it not be said that the ruin of nations is inevitable when, abandoned to the caprice of him who go- verns, they have no will of their own; when they are divested of a constitution, or are deprived of the means to cause it to be respected ? Wretched however as was the fate of the Neapolitans, Charles V. was never- theless obliged to desist from his purpose of establishing the Inquisition among them ; nor was the attempt attended with any other consequences than those of adding hatred to * Sandoval, Historia del Emperador Carlos V.Hb. xxix. § xxxiv. 112 INQUISITION UNMASKED. [CHAP. III. his own name, and exciting in the people of Naples fresh proofs of that same horror they had evinced against the tribunal in time of Ferdinand the Catholic, and which they again repeated during the reign of Phihp ii.* Another circumstance occurred at Rome in 1559, also occasioned by the Inquisition. The people hated Paul IV. for several rea- sons, but principally for the great encourage- ment he gave to this tribunal, which Paul III. had just established. So great was the zeal with which the above pontiff patronized the new institution that, whilst he was yet cardi- nal, he hired a house to serve as a prison, secured the doors with strong locks and bolts, and procured an assortment of stocks, manacles, and other instruments, at his own expense, notwithstanding he lived in a very economical manner. On his death the people rose out of gladness, cast down and broke his statue, and threw the pieces into the Tiber. They instantly proceeded to the Inquisition, and, forcing open the doors, ill-treated a Dominican friar, commissary of * Paramo, De Orig. S. Inquisit. lib. ii. tit. ii. cap. x, n. 5. — Luis Moreri, Diction. Histor. Art. Osuna, (D Pedro de Giron primer Diique de.) CliAP. III.] INQUISITION UNMASKED. 1]S the tribunal, leaving him for dead ; and next burnt the archives, doors, windows, and every thing else they found in the building. They then directed their course to the convent of La Minerva, in order to plunder and burn it; which they would have done, had not the authority of respectable persons inter- fered to restrain their fury. I ought here to observe, that it was not the populace of Rome that thus displayed their animosity against the tribunal ; persons of the greatest distinction were also its enemies, among whom were several prelates and ecclesiastics, who complained that Christian liberty was thereby trampled upon.* In Milan likewise, in the year 1564, an insurrection took place from motives of a similar nature. Pius V. proposed, and even solicited, Philip II. to establish the Inqui- sition in that kingdom, on the same plan under which it existed in Spain. The King, whether or not because he was fond of keep- ing the people in subjection, or was desirous of obtaining from the Pope a grant of the * Doraenico Bernini, Istoria di tutte I'heresie, torn, iv, secul. xvi. cap. vi. VOL. I. I 114 INQUISITION UNMASKED. [CHAP. III. Cruzada and Subsidio,* as well as the revenue of the mitre of Toledo to enable him to con- tinue the palace and convent of the Escurial, complied with his wishes ; though some per- sons affirm that the first project originated with Philip himself. However, as the aver- sion of the Milanese to this tribunal was notorious, and they had besides just lodged their complaints before the Pope and the King, by means of deputies sent to them, as * CruzadUy or Crusade, was formerly a military expedi- tion promoted by the Pope against infidels by granting indulgences to those who therein enlisted. By this means numbers flocked to the holy wars, wearing a cross on their clothes, whence they were called cross-bearers. Notwithstanding these romantic wars have long ceased, the Pope's bulls are still issued and in force in Spain, by which certain other indulgences and dispensations are now granted ; and, as each individual is in great measure bound to purchase one annually, the price of which is fixed according to rank, their sale in Spain and America produces a large revenue, for the receipt of which a parti- cular court is established, over which a Commissary General presides. Subsidio, also called Esciisado, was an impost granted originally by Pius V. to Philip II., and since con- tinued to the kings of Spain, by which they were allowed to appropriate to themselves the tythes of the largest estate of each parish throughout all the Spanish domi- nions. This fund was also originally intended against infidels. — Tr. CHAP. III.] INQUISITION UNMASKED. 115 ■well as before the Council of Trent, through the medium of their own bishops, it was judged advisable for some artifice to be used for its introduction. The means adopted were, that the archbishop of Milan, a dignity at that time held by Cardinal Charles Barro- meus, should arm all his dependants, in order that the people might be thus accustomed to see an ecclesiastical court among them on a royal footing. I ought not to omit men- tioning that the prelates of Lombardy also laid a remonstrance before the Pope, pointing out to him the great power the said establish- ment would give to Philip in those states, influenced as they were by an apprehension that if it was allowed there it would soon be brought into all Italy: and they also made a representation to the archbishop, reminding him how much his authority would be cur- tailed ; but all their efforts were without effect. As soon as the senate observed these mi- nisters in the city with their arms, they seized one of them, and disarming him in the pre- sence of his master, they proceeded to inflict the torture upon him. The cardinal received this act of justice performed on the person of his servant as an outrage committed against his dignity, and ordered (though he was Dot i2 116 INQUISITION UNMASKED. [CHAP. Ill, obeyed) the magistrates of the city, including the Duke de Albuquerque, its governor, to appear before him ; fulminating at the same time excommunications out against them. In the mean time the people took up arms, protesting they would never endure so tyran- nical a yoke as that of the Inquisition. They cried out, that if it was tolerated in Spain, it was owing to the converted Jews and Moors, who abounded there ; but, as this was not the case in Milan, such an establishment was an insult to a Catholic kingdom like theirs. King Philip, being informed of the difficulties attending the execution of his project, gave it up altogether; by which means he pre- vented a great contention which the above affair was about to produce in the Council of Trent.* Referring to this commotion in Milan, the inquisitor Luis del Paramo con- fesses that it was common for countries to rise up when attempts were made to intro- duce the Inquisition into them.t * Luis Cabrera de Cordoba, Vida de Don Felipe II. lib. vii. cap. xii. t These are his words : " Mediolanense vulgus, tit com- muniter Jit, commoveri ac obstrepere ccepit, paidatim ad arma concurritur, universaque civitas valde tumultuata est." De Orig. Inquisit. lib. ii. tit. ii. cap. xxx. n. 20. CHAP. III.] INQUISITION UNMASKED. 117 Finally, every one is aware that the Low Countries rebelled against Spain in conse- quence of the same king Philip persisting to give activity to the Inquisition, which had been established there by his father Charles v., though it had remained in a state of suspense, owing to the opposition of the inhabitants ; and also to introduce it into Brabant, where it had hitherto been impossi- ble to effect its erection.* In the year 1567, he consequently sent inquisitor Alonso del Canto to superintend its organization, under * In 1550 Charles V. issued a decree for the establish- ment of the Inquisition in the Low Countries ; but his sister Mary, queen of Hungary, then governess of these pro- vinces, feared the consequences of its being carried into execution. The measure therefore was not carried into effect till his son Philip II. came into power. The Low Countries then contained a number of learned divines who sought a reform in the Church, and had also become an asylum for various sects. The States remonstrated against the establishment, but Philip would be obeyed. The people at length broke out into open resistance, and commenced a revolution, the longest as well as the most obstinate and heroic that was ever known. The war lasted 60 years, was filled with numerous traits of valour and suffering, and eventually ended in favour of the people. The Inquisition consequently was the original cause of these horrors, and of the great loss that thence ensued to the Spanish crown.— =Tr. lis INQUISITION UNMASKED. [cHAP. III. the rigorous form the institution had assumed through the efforts of Torquemada. The Flemish, who till then had lived under a constitution somewhat liberal, and therefore trembled at the bare name of the Inquisi- tion, seeing their privileges trampled to the ground, and their remonstrances disregarded, appealed to force as the only refuge left them. All orders of society, from the hardy rustic to the highest nobles and clergy, rose up against the establishment with an enthusiasm only equalled by the implacable hatred with which they detested so monstrous an institu- tion. They considered it contrary to divine and human laws, more cruel than the greatest tyrants of history, and an infernal invention intended to build up the fortunes of a few wretches, insatiable in avarice and ambition, out of the spoils of honourable families and at the expense of public happiness. They next proceeded to form a regular con- spiracy, binding themselves to each other's aid and defence, and calling down the anger of God and man if they laid down their arms before they had completely secured their liberty. The Duke of Alva, Don Fernando Alvarez de Toledo, a good soldier but a sanguinary CHAP, in.] INQUISITION UNMASKED. 119 character, proceeded fo suppress this rebel- lion at the head of an army chiefly composed of veterans. The people, inexperienced in the art of war and badly equipped, were overthrown in the first onsets, being unable to withstand the impetuosity and guard against the stratagems of the Spanish general. But neither these misfortunes, nor the atro- cious punishment inflicted by the duke on Counts Egmont and Horn, as well as on the other persons of distinction whom he ordered to be beheaded ; nor the consternation he spread throughout all the provinces by con- demning thousands of citizens to the sword, gallows, and flames, were able to induce the people to submit to the Inquisition ; nor did this parade of violence produce any other effect than to confirm the idea they already entertained of its cruelty. Daily irritated still more, misfortunes only added to the courage of the insurgents, and they acquired new energies when the heavy chains which the conquered had to endure rushed upon their minds. The result of the inconsiderate and oppressive plans of the Spanish govern- ment was the dismemberment of the Seven Provinces which afterwards constituted the republic of Holland, by which means the then 120 INQUISITION UNMASKED. [CHAP. III. colossal power of Spain was so greatly dimi- nished and the national character tarnished. But, in a political point of view, it is not this loss alone to the Spanish monarchy that calls for our particular attention, when we examine the insurrection excited in the Low Countries through a detestation of the Inqui- sition. It is besides necessary to advert that, about the same time, this tribunal, refusing to allow the Moors of the kingdom of Gra- nada to retain the Arabic language, dress, and other usages received from their ances- tors, (things so difficult to wrest from a prejudiced people) had the impolicy to ha- rass them in such a manner as at length to force them into a general insurrection. In consequence of this, Philip II. had to divide his forces, and was unable to disengage a sufficient strength to insure the pacification of the Low Countries, whereby the flame ac- quired so strong and wide a spread that it was afterwards impossible to extinguish it. By these events, religion also suffered the most material injury, as well with regard to the inhabitants of the above states as those ofGranadaj for the first, justly scandalized at the unfeeling and violent spirit which actu- ated the Inquisition, galled by the ill-treats 1 CHAP. III.] INQUISITION UNMASKED. 121 merit they had experienced from the army, and confounding under the same idea the names of Spain, Catholic religion, and Inqui- sition, gave greater latitude to all kinds of sects, which from that time acquired higher credit and authority. On the other hand, many of the Moors of Granada who survived the field of battle were compelled to forsake the land of their forefathers and cross over to Africa, where those who were Christians in their hearts were obliged again to embrace the faith of Mahomet as a refuge from further persecution.* Pius V. was also the promoter of the above expedition against the Low Countries, by admonishing the King of Spain not to suffer the Catholic religion to meet with any injury in the above provinces, telling him that he ought rather to go there in person to punish the seditious. In like manner he encouraged their governess, Margaret of Austria, by offer- ing her money and whatever else was within his reach, assuring her that the matter was of such great moment that, according to his own words, he would not hesitate to risk his * Famian Estrada, De Bello Belgico, Decacl. I. lib. ii. & V. — Guldo Bentivoglio, Relazioni di Fiandra, part. i. Jib. ii,— Hurtado de Mendoza, Guerra de Granada, lib, i. 122 INQUISITION UNMASKED. [CHAP. III. diadem upon it. On occasion of the victo- ries of the Duke of Alva over the rebels, the Pope sent him a hat and sword, deco- rating him with these insignias as a defender of the faith. It then appeared that the ex- treme ardour of Pius Y, which so much indisposed him with the people when he was a simple inquisitor, was by no means miti- gated, but rather increased, after his accession to the Pontificate. Whoever, on the one hand, reflects on this circumstance, and, on the other, directs his attention, not so much to Philip II. whose exertions in favour of the Inquisition beyond doubt originated merely in political views, but rather to Charles V., whose religious zeal has been so much extolled, will readily admit that in the 16th century there existed a mania and rage in favour of this tribunal. Nothing is a stronger proof of this, at least w^ith regard to the latter prince, than the regret he expressed, duriijg his retirement among the monks belonging to the convent of Juste, of having kept his word to Luther, to whom he had promised a safe passage to the diet of Worms ; alleging that such promises ought not to be kept with heretics, but that the injury done to God ought to be avenged, 4 CHAP. IIlJ INQUISITION UNMASKED. 12S and a timely stop put to the eyil by causing them to die. For this same reason he en- joined the inquisitors not to be indulgent towards heretics, but in cases of impeni- tence to deliver them over to the flames, for no good could be expected from them.* Should there be any one in the present day of this same way of thinking, I would ask him, what Charles V. would have gained by destroying Luther, particularly as it must have been done by the greatest possible out- rage on honour and good faith? Undoubt- edly the same as the Emperor Sigismund obtained by the death of John Huss, who, after being condemned by the Council of Constance, was cast into the flames, notwith- standing passports and a safe conveyance had been formally granted to him, when the result was, that out of his ashes a civil war arose. The truth of my assumption is strongly confirmed by the observations of Legate Contarini ; who, writing at that time to Pope Paul III. and the college of Cardinals res- pecting the state of Lutheranism in Germany, observes, that even when all the heads were to die or be converted, persons of distinction • Sandoval Historia del Emperador Carlos v. lib. xxxii. § ix. 124 INQUISITION UNMASKED. [CHAP. HI. as well as the common people would not change their sentiments, in consequence of interested motives and the habits of contra- diction.* When those disturbances first took place they might have been easily calmed, if the rights of the altar and of the throne had been better understood, and if the Catholics had acted with more moderation and the sectaries with less precipitation. But, as the evil was not then remedied, will it be just to continue to add irritation to it ? Such have been the enterprises of the In- quisition and such its victories, as well with regard to individuals whose wills it has sought to overcome, as entire nations when threat- ened with its iron sway. Yet, how many of its crimsoned pages are we obliged to pass over without notice ! To exasperate and embitter the mind by inspiring it at the same time with duplicity ; to carry dread and ter- ror throughout the land ; to spread turbulence among nations and misery among families, are the fruits which have been gathered from this baneful tree, from the very time it was first planted. Introduced and alternately expelled by force, oppression has been its motto in every country where its head was * Valcarce Desenganos filosoficos^ torn. iv. cap. iv. § v. CHAP. III.] INQUISITION UNMASKED. 125 reared, and execration the companion of its growth. In all times as well as in all ages, without even excepting Italy and Rome itself, the higher as well as lowest classes, the most indifferent secular as well as the zealous prelate, all have opposed to this institution, notwithstanding it was the work of the Popes, a firm and decided resistance. All have equally shuddered at its approach, and all have uniformly dreaded the destructive influence of its poisonous shade. And after the numerous testimonies of odium to this tribunal exhibited in the pages of history, and after the uniform sentiments of whole nations tending to confirm its reprobation, shall any one yet venture to assert that its co- operation is the best defence of true religion, and the most adequate means of bringing back the wayward to the path they had for- saken ? Even if this institution had no other argument against it than the horror in which it has always been held, would not this alone be sufficient to convince us that a religion essentially mild, as is that of Jesus Christ, and instituted to captivate the whole universe by the attractions of truth, far from progress- ing under its influence, can only be attended with disaffection and contrariety ? 126 INQUISITION UNMASKED. [cHAP. III. It may, however, be objected, that popular commotions prove nothing against the Inqui- sition, since they equally existed against the apostles, and were excited for the purpose of counteracting the effects of their preaching ; such, for example, were those of Ephesus and of Jerusalem against St. Paul.* A most material difference, however, will be dis- covered in the two cases, if they are only impartially examined. The apostles pro- mulgated the gospel by leaving the liberty of the people to admit or reject it entirely un- controlled, and without availing themselves of any other means than beneficence and per- suasion. The interruption, consequently, of public tranquillity did not result from the doctrine they preached, but from the machi- nations of individuals interested in its perse- cution ; more especially of the sectarian priests. Thus was it that the commotion of Ephesus was occasioned by the silversmiths who worked for the temple of Diana, because they discovered that through the prevalence of the new religion they would lose all their customary profits; and that of Jerusalem was promoted by the High Priest of the Sy- nagogue and his ministers. For this reason, * Act. Apost. cap. xix. v. 23, and cap. xxi. v, 27, &c. « CHAP. III.] INQUISITION UNMASKED. 127 in none of the commotions which the Scrip- ture says originated in the preaching of the Gospel, do we find any of those horrid symp- toms which uniformly accompany the insur- rections of the multitude when impelled by a sense of outrage. The contrary has been the case with regard to the Inquisition ; this inexorable tribunal, from its nature as well as the terror by which it is distinguished, has introduced alarm and dismay into every country where a spark of public spirit yet remained, and where the love of liberty had not become totally extinct. Of the hypocrisy, as far as regards that false devotion which has so much thriven under the shadow of this tribunal, and which, properly speaking, is the effect of ignorance, we shall speak when we come to consider the war which the Inquisition has always carried on against the sciences. CHAPTER IV. The Mode of Judicial Process established in this Tribunal tramples to the Ground all the Rights of the Citizen. vJF no avail would be the wisest laws es- tablished for the order and government of society, if the latter is divested of the autho- rity and necessary force to promote their exact fulfilment ; and since men have sub- mitted to public power in order to enjoy under its protection the benefits of which they would otherwise be deprived, the hope of these benefits and the dread of losing them will always be a strong means of restraining mankind within the bounds of duty. The primary instincts of man are rather of a dis- orderly nature, and it is reflection only that leads us to sacrifice our passions to the in- terests of public order. Hence then have hope and fear always been considered as the principal bases on which social establishments rest, and the chief links by which human society is held together. Therefore, whilst CHAP. IV.] INQUISITION UNMASKED. 129 the laws of economy give impulse to the first of these passions^ by leading the citizen to seek his own happiness, and causing him to promote that of the political body, criminal legislation derives advantages from the second, by threatening those with punishment who should attempt to disturb the quiet of the rest. Nevertheless, neither the punishments assigned to crimes nor their prompt execution will ever suffice to maintain public tranquil- lity, if the avenues leading to Courts of Jus- tice are not closed against the arbitrariness of Judges and the machinations of calumny, and unless the law afford an equal remedy to all. Punishments would, otherwise, be as much dreaded by the innocent as the guilty ; and even were they only inflicted on the de- linquent, they would not answer the purpose for which they were instituted, since the jus- tice of the punishment would be equally as dubious as the existence itself of the crime. In this case, man in society, far from ex- periencing that complacency which the laws inspire when they insure his protection, would be dismayed at the apprehension of being unjustly condemned; criminal legisla- tion, consequently, ought to combine the VOL. I. K 130 INQUISITION UNMASKED. [cHAP. IV. dread of him wlio transgresses the law with the security of him who thereby regulates his actions. In a word, that tribunal can only be called just in which the delinquent does not hope to go unpunished, the innocent fears no injury, and the judges are deprived of every means of acting in an arbitrary manner. In conformity to these principles, what idea are we to form of the Inquisition ? Does the plan on which it is founded exclude all the inconveniences just enumerated ? Un- fortunately it rather possesses all these, as well as many others. The mode of conduct- ing the criminal process, viz. that part of the legislation which ought to be most simple and clear, in this tribunal is a confused labyrinth, from the mazes and windings of which the honour and life of the accused can scarcely be extricated. An impossibility, almost ab- solute on the part of the culprits to substan- tiate the justice of their cause, and a facility almost boundless on the part of the Inquisi- tion to aggrieve them, are the two principal hinges on which its judicial examinations turn in criminal cases. Like an abortion, which it in fact is, of the ignorance and fana- 2 CHAP. IV.] INQUISITION UNMASKED. 131 ticism of the middle ages, its judicial forms in no way differ from the impurity of its origin ; and its code is an assemblage of all kinds of barbarous legislations, till even ille- gality is therein reduced to system. A tribu- nal which, regardless of every thing man holds sacred, such as good faith and respect to the Divinity, forces him to utter the sentiments of his heart in order that they may serve as a motive of condemnation — a tribunal which, surrounded by darkness, rests the issue of the most important affairs of which it takes cog- nizance on the impenetrable secrecy of its proceedings — a tribunal, in short, which fears no one on earth, for to no one is it answer- able, not even to public opinion, whose cen- sure tyrants themselves have not escaped, of what horrors must it not be capable, what monsters must it not harbour in its bosom ? It is therefore no longer a subject of wonder that such a multitude of enormous crimes have been committed by this tribunal, and rendered its name so odious— crimes so much the more revolting and abominable, because they have been committed under the sanction of religion. What I have already said in the preceding chapters to impartial minds might suffice to K 2 1S"2 INQUISITION UNMASKED. [ CHAP. IV. convince them of the defects and oppressive system of this inexorable institution; but there are others so blinded by prejudice as only to be moved by positive facts laid before them. Yet I am fully aware of the necessity of strong arguments, such as are founded on historical records, in order to strike the senses and undeceive a certain class of men, in whom, from the strength of prior impres- sions fortified by custom, the imagination holds despotic empire. It will consequently be, in great measure, facts that will hence- forward be presented ; and in the first place I shall proceed to examine the plan on which this tribunal is founded, and its method of carrying on judicial process. This task is the less painful, because it will in a certain degree evince that the obliquity of this insti- tution has emanated not so much from the excesses of its ministers as the defective ele- ments of which it is composed, and the pecu- liar essence of its form of government. It will, besides, tend to point out the merits of some, who, notwithstanding the difficulties of their vicious ministry, have conducted them- selves therein with probity. And, as it is not my wish to wound the feelings of any one, particularly of persons who from their cha- CHAP. IV.] INQUISITION UNMASKED. 133 racter are worthy of the greatest veneration, I will speak with all that confidence and free- dom which a good cause inspires ; but my attacks will be directed against the establish- ment, and not against the members of which it is composed. In like manner, in pointing out the practices which are now no longer in use, I shall do full justice to the comparative moderation by which of late years its affairs have been conducted ; or rather I will trace the philosophy of our own age, whose lights, noswithstanding every effort to exclude them, have been able to penetrate into the gloomy precincts and dreary abodes of this Gothic establishment. Authority of this Tribunal, under which Title are comprehended the Judges and their Jurisdiction. Judges are those who, under another name, are called Inquisitors. Of these it is only necessary to advert that the canon law re- quires in them the age of forty years, not- withstanding they only exercise part of the episcopal ministry, for which that of thirty suffices. Undoubtedly the popes prescribed this more advanced age in the inquisitors, 4 134 INQUISITION UNMASKED. [cHAP. lY. because they foresaw how easy it would be for them to abuse the authority confided to their charge, unless they were possessed of discretion and divested of the impetuosity of youth.* The same assumption makes it likely that the errors of this tribunal have, in general, rather originated in the want of talent in its members, than in a decided in- tention to act wrong. Indeed the idea com- monly entertained of their abilities has not been very advantageous ; nor is there a foreign author, out of the many who have declaimed against the Inquisition, that has failed to at- tribute to them this same defect. The fol- lowing testimonies will tend to substantiate my charge. With regard to the inquisitors of Italy, John Calderini positively asserts the fact, and exhorts them to take counsel of experienced men, as most of them are ignorant of the principles and practice of public law j adding, * De haeret. cap; Nolentes in Clement. " Nolentes,'* says the Decretal, " splendorem solitum negotii Jtdei, per actus indiscretos et improbos quoriimvis Jnquisitormn hcere- liccE pravitatis quad tenebrod fumi caligine obscurariy sta- tuimus nullis ex nunc, nisi qui quadragesitmtm istatis annum attigerinty qfficium Inquisitionis prcedictcs committi Ingtiisitorilius.'^ CHAP. IV.] INQUISITION UNMASKED. 1 35 that Otherwise they would be in danger of absolving the guilty and condemning the in- nocent.* Judges v/ho are unacquainted with the principles of right and the precepts of the canon law, I make no hesitation to say, can- not know their obligations, or be fitted to sit on the bench. Respecting those of Portugal, Tavernier furnishes us with proofs, in what he relates of a capuchin friar of the name of Ephraim de Nevers, who about the year 1600, was a prisoner in the Inquisition of Goa. When he was set at liberty, notwith- standing his great virtue and reserve, he could not refrain from complaining that no incon- venience he experienced was so great as that of seeing his fate in the hands of such ideot judges. Dr. Dellon affirms that he noticed this circumstance some years afterwards, when he was a prisoner in the same Inquisi- tion. t Hence do the Portuguese noblemen say, when they wish to joke about the back- * Johan. Calderini, Tractatus de Haereticis, cap. vi. n. I. '' Quia Tnquisitores ut plurimwn sunt juris ignari, et pos- sent Jaciliter sio decipi ut absolverent condemnanduniy vel damnarent Jhrsitan absolvendum, debent circa occurrentia processus communicarc consilia peritorum injure. + Dellon, Relation de I'Inquisition de Goa, chap, xxviii". 136 INaUISITION UNMASKED. [cHAP. IV. wardness of their children at college, that they will put them into the post of inquisitors or canons.* Relating to the inquisitors of Spain, we have the testimony of the two Attorney Ge- nerals belonging to the Councils of Castile and of the Indies, Don Melchor Macanaz and Don Martin de Miraval, (nor is this the only one of this kind I could quote,) who, in compliance with the orders of Philip V. to draw up a report respecting the Inquisition and the means of its reform, make use of the following words : " Notwithsanding it usually occcurs that in this tribunal there are many learned men, still it has happened that not a few, devoid of both learning and experience, have given rise to many repeated and gross blunders, which in former times, as well as at present, would have required that restrictions should be placed upon them."t Another * Narrativa da Perseguigao de Hippolito Joseph da Costa, written by himself, torn. i. f Consulta de los Fiscales de Castilla y Indias tocante alas Materias de Inquisicion, part i. art. h This is a large quarto work containing 357 leaves, and now before me, in the hand-writing of Macanaz, and signed by himself at Montalvan, in France, Feb. 16, 1720. CHAP. IV.] INQUISITION UNMASKED. 137 proof of this is found in the upper colleges of Spain, which are now extinguished. It is pub- lic and notorious that every one who crossed their threshold expected a rich prebend or a good gown at the end of his literary career, even when his progress had not been great. But if there was any one of so little talent, that according to the vulgar saying, he wanted common sense, the dignity of Inqui- sitor of the Faith was obtained for him ; so much so, that in this very acceptation the two following verses of the hymn Pange Lin- gua^ sung in the prayers of Corpus Christi., passed into a proverb among the collegiates. PrcBstet Fides supplementum Sensuum defectui. What our weak senses can*t descry. Let stronger faith the want supply. I am fully sensible, as were the two Attor- ney Generals above named, that the Inquisi- tion has possessed some men celebrated for their learning as well as their virtue. Such among others, and without going out of Spain, have been the two Inquisitor Generals Ximenez de Cisneros and Sarmiento Valla- dares; but this will merely argue that the stigma of ignorance attached to the body at 13S INQUISITION UNMASKED. [ CHAP. IV. large ought not equally to extend to all its in- dividual members. Neither does it prove that the tribunal has failed to persecute literary characters because some few of its chiefs have patronised them, as Sr. Sandoval y Roxas did Cervantes, Espinel, and Salas Barbadillo; and Cisneros still more by the foundation of an university. It is, besides, necessary to advert that many of its judges, even when sensible of the defects of their institution and convinced of its abuses, have been under the necessity of temporising, not to clash with the prejudices of their companions ; for as prejudices are extremely dangerous in matters of religion, they are considerably more so in a despotic tribunal, whose members are ne- cessarily tyrants and slaves one of the other. The same may be said of the quaUficators and counsellors ; for when the court, through mistake has sought the report of any one di- vested of prejudice, the latter has been obliged to adapt his language to the palate of his employers, or otherwise he exposed him- self to their anger as a promoter of heresy, of which several examples will be brought for- ward in the course of this work. In short, nothing is more frequent than for man to give himself up to indolence when nothing CHAP. IV.] INQUISITION UNMASKED. 139 Stimulates hiiii to labour, and this has cer- tainly happened with the inquisitors. For this reason, even supposing that when they entered on the functions of their office they were possessed of sufficient learning, it is to be feared they might lose it in the course of time. And, indeed, what was there to oblige them to retain it, when they were fully persuaded that their sentences, whatever they might be, would be received as so many oracles j and that no one could approach to examine them without incurring their ana- themas, and becoming an object of their fury ? * * Even the common people, amidst the illusion in which they lived under the yoke of this tribunal, at length became sensible of the great ignorance that prevailed in its dark conclaves. This is proved by the following saying, to be met with in the mouths of every one. Preg. Que cosa es Inqnisicion ? Resp. Un santo Christo, dos candeleros, y tres majaderos. Quest, "What constitutes an Inquisition ? Answ. One crucifix, two candlesticks, and three blockheads ; alluding to the form and parade of its sittings, and the number of judges present thereat. The same common people of Spain also agree on this point with the nobIe§ of Portugal, as above alluded to, in placing the canons and inquisitors on the same scale, as may be seen from the fol- lowing adage — Bienaventurados los tontosy porque ellos 140 INQUISITION UNMASKED. [CHAP. IV. Although it is true that the canon law pre- scribes for inquisitors the age before stated, I ought not to omit mentioning that persons of a much lesser age have been invested with this dignity, either through a proper dispen- sation or abuse, without any other restriction than that of not holding a vote till after the age of thirty, and in the mean time acting as proctors on behalf of the court. I also con- ceive it necessary to state that the judge named by the diocesan bishop as his repre- sentative, besides being allowed only to con- cur in two acts, enjoys a consideration in- finitely inferior to that of his companions; for instead of alternating with them in the order of seniority, the least that could be granted to him, he takes the lowest seat and signs the last of all.* The reason of this is, that the seran canonigos. — Blessed are the fools, for they shall be canons. * Thus is it laid down in the Compilation of the Instruc- tions of the Office of the Holy Inquisition, done in Toledo, in the year 1561, also comprising those of the year I^Si. They are inserted by D. Jose de Covarrubias, in the ap- pendix of his work entitled " Maximas sobre recursos de fuerza y proteccion.*' The same is also ordained in various parts of the work entitled " Order generally ob- served in the Holy Office of the Inquisition, respecting the form of process in causes instituted therein, in conformity CHAP. IV.] INQUISITION UNMASKBD. 141 judges chosen by the Inquisitor General con- sider themselves as deputies from the Pope j but let this be as it may, the measure proves the representation to be extremely trifling, and by no means decorous to the episcopal character. In consequence of this, some bishops, as if disdaining to send their co- adjutor, have commissioned a lay-person, or to what has been enacted by the ancient as well as modern instructions. Compiled by Paul Garcia, Secretary to the Council of the Holy and General Inquisition, Madrid 1622.** The copy of which I make use, besides the mar- ginal notes of the author, contains other MS. ones by Don Antonio Galvez, Secretary to the tribunal of Madrid, which place he held about the end of the last century. The same may also be observed in the work used as the manual of the Italian inquisitors, called Sacro Arsenale Ovvero prattica dell' UfSzio della Santa Inquisizione, by Father Eliseo Massini, a Dominican and inquisitor of Bo- logna, part viii. The copy of which I am possessed was printed in Rome, 1730, and contains some rules of Father Thomas Menghini, also an inquisitor, as well as various an- notations by Dr. John Pasqualone, proctor of the Supreme Inquisition of the above city. Finally, the same is likewise ordained by the Instructions of the Portuguese tribunal for 1640, called Regimento do Santo Officio da Inquisi9ao dos Reynos de Portugal, ordenado por Mandado do lUus- trissimo e Excellentissimo Senhor Bispo, Dom Francisco de Castro, Inquisidor Geral do Conselho de Estado de S. Mag. Impreso nos Estaos (in the palace of the Inquisition) por Manuel da Silva. 142 INQUISITION UNMASKED. [CHAP. IV, delegated their powers to the senior inquisi- tor. The latter, in my opinion is what all prelates ought to do who have a due sense of their own dignity, when they do not person- ally claim their own rights, which most assuredly would most contribute to their honour. Finally, the inquisitors and other de- pendants of the Inquisition, before they are admitted to their respective offices, are sub- jected to what are called proofs of the purity of their descent ; by which they are compelled to prove, by the examination of their gene- alogy, that they do not descend from con- verted Jews or Moors, nor from ancestors v;ho have incurred any inquisitorial censure. By this absurd practice, which has also been extended to the military orders as well as to some monastic ones, and even to colleges and other establishments, the conversion of here- tics and infidels, instead of being promoted, has been changed into a title of infamy, and has created frequent disputes among families. This practice is both absurd and contra- dictory ; because, as the report of the candi- date has only to ascend to the fourth degree, his origin still remains uncertain; and because the same is exacted from a mere bailiff of the CHAP. IV.] INQUISITION UNMASKED. 14S tribunal, and not from bishops, nor even pa- triarchs or primates, whose influence in the go- vernment of the Church is infinitely greater.* Jurisdiction relates to persons, places, and matters. With regard to persons^ it may be said that the jurisdiction of the Inquisition resides in the Supreme Council thereof; for that of the provincial courts is merely pre- carious, nor can they be called courts of justice, without a degree of impropriety. I say this because, if they are only closely examined, it will be found that they have no other than permanent commissions, at least, in matters of moment, since they are not authorized to commence any such, and much less to terminate one, without the concurrence of the Supreme Council, whom they are bound to consult before any sentence is executed, and from whose verdict they cannot deviate. On the other hand, the Supreme Council, even granting that it has an undoubted right * The inutility and inconvenience of these proofs are fully pointed out by Father Augustin Salucio, who wrote about the beginning of the reign of Phillip III. in his " Dis- curso acerca de la Justicia y buen Gobierno do Espaila, en los Estatutos de Limpieza de Sangre, y si conviene o no alguna Limitacion en ellos." Published in 1785, in the Scmanario Erudito, vol. xv. 144 INQUISITION UNMASKIJD. [CHAP. IV, to a decisive vote, a point by no means agreed on, if the effects are only examined, ought rather to be called an assembly with a con- sultative voice, than an effective tribunal, from the powers of the Inquisitor General being so ample, or rather so exorbitant, that they in great measure paralyze its authority. According to these powers, the Inquisitor General, as well with regard to the Supreme Council as the other inferior courts, can pre- vent cognizance being taken of any particu- lar matter, he may also order any process to be stopped ; and, besides, bring before him- self any cause in whatever stage it may be in ; this, at least, is the existing practice. He can futher modify and alter all sentences of condemnation, in the terms and in the manner he may judge proper, even when they have received the authority of judgment, except the sentence which delivers the cul- prit over to the civil authorities; undoubtedly, because as this is pronounced among the ceremonies of the Auto de Fe, and ought to be executed actu contmuo, to revoke it were to make the arbitrary measure too flagrant and public* Finally, he even possesses the character of legislator, inasmuch as he is * Pefia, ad Director. Inquisit. part iii. com. xliv. n. IQ*. CHAP. IV.] INQUISITION UNMASKED. 145 authorized to interpret the canon law in matters relating to the government of the court; a prerogative which in the Churchj the same as in society that of enacting laws, belongs to the legislative power.* It is therefore evident that the jurisdiction of the disti'ict courts, properly speaking, is vested in the Supreme Council, and that the authority of the latter is again absorbed by the Inquisitor General. It also follows, that the authority granted by law to a bishop in the Inquisition of his own diocese is not real but only apparent, since the vote of his re- presentative possesses no other value than that given to it by the Supreme Council or the Inquisitor General. Consequently this institution has stripped the bishops of one of their principal rights, or more correctly speaking, it embarrasses them in one of their chief obligations, which is, to watch over the preservation of the faith. This objection is by no means answered by the Inquisitor Ge- neral being sometimes a bishop himself, for besides its being possible that he be not pos- sessed of that dignity, of which there are many * Eyraeric Director, Inquisit. part iii. quaest. Ixxxv. " Q.uando occurrit dubium circa leges ef- statuta contra hcereticosy possimt inqiiisitores illud interpretari.''^ VOL. I. I.; 146 INQUISITION UNMASKED. [cHAP. IV. examples on record, a dioacesan bishop, when treating of the exercise of one of the most august functions of his ministry, neither can nor ought to abide by the verdict of a strange judge, in whose nomination he had not in- tervened. Neither can it be said that the rights of the bishops are secured by its being argued that they are not prevented from taking cognizance of the crime of heresy in their own ordinary tribunals, at the same time the Inquisition is acting thereon, since it is the sentence of the latter that will always prevail ; and in Rome, whenever the bishops have made an appeal in which the Holy Office was implicated, it has always been usual for the preference to be given to the latter. The jurisdiction of this tribunal extends to all classes of persons excepting bishops, whom it denounces to the pope, when it be- lieves they have incurred the charge of heresy.* In America the inquisitors were restrained from taking cognizance of the crimes of Indians ; since to have subjected the natives of that country to a tribunal of this nature in their rude and unlettered state, * De Haeret. cap. Inquisitor, in 6, conformable to this regulation is another of the Council of Trent, Sess. xxiv. cap. V. CHAP. IV.] INQUISITION UNMASKED. 147 would have been to sacrifice them in an in- human manner. Hence their causes of heresy were committed to the care of the bishops, in the same manner as their offences of witchcraft were confided to the secular judges.* With regard to the places where the influence of this tribunal can reach, it happens that a person persecuted in one kingdom can be equally so in another where an Inquisition is established, whenever the first makes an application, a measure that, in all probability^ would not be neglected. Neither will the tribunal fail to avail itself of kingly mediation, if this be considered ne- cessary, in order to seize on and wrest the culprit from another country, under the plea of high treason, as it did with the Spanish protestant, Francisco de Roman, who having been arrested by com.mand of Charles V. in Ratisbon, for disobedience to his orders, was conveyed to the Inquisition of Valladolid and delivered over to the flames.t * Solorzano, Politica Indiana, torn. ii. iib. iv. cap. xxiv, n. 18. f D. Juan Antonio Pellicer, *' Ensayo de una Bi- blioteca de Traductores Espafioles," Art. Encina. Pope Innocent VIII. by bull dated April 3, 1487, commanded all Catholic kings and princes, when applied to by an l2 148 INQUISITION UNMASKED. [cHAP. IV. As to the causes which come within the judicial notice of this court, it must be allowed that the crimes of polygamy, witchcraft, so- domy, and even of confessional seduction, ought to be considered as foreign to its com- petency, to which heresy alone ought to belong. On this point I shall merely observe, that the Inquisition has arrogated to itself the cognizance of the other crimes from principles of self-accord ; or from that pro- pensity generally found in all privileged courts, particularly in the ecclesiastical ones, to draw into their own hands as many matters as they possibly can. Certainly the suspicion of heresy attributed by the Inquisition to a person married more than once is devoid of all foundation, when he might have been led into this crime by a thousand impelling causes, without trespassing against the faith.* Inquisitor General or any of his delegates, for the arrest and delivery of any fugitive, to cause the same to be arrested and delivered up, Llorente, Anales de la Inquisi- cion, torn. i. cap. iv. n. 6. * Charles III. by royal decree of Feb. 5, 1770, com- manded the inquisitors to confine themselves within the limits of their jurisdiction, taking cognizance of the crimes of heresy and apostasy alone, and not to interfere with the king's courts by proceeding in cases of polygamy. In con- sequence of this, the-Supreme Council of tlie Inquisition laid CHAP. IV.] INQUISITION UNMASKED. 349 With regard to witchcraft, I am persuaded, and will hereafter prove the fact, that the Inquisition in former times powerfully con- tributed to spread an opinion among the common people that many persons really practised this art. Indeed how could this be otherwise, when they beheld a tribunal that filled them with so much respect, and to which they attributed the perspicacity of the lynx, so seriously employed in persecuting them? But thanks to the declamations of certain philosophers, the Inquisition, now- a-days, has fewer opportunities of parading its zeal against witches and charms, and the nation has also less occasion for laughter and grief. Strange as it is, we have nevertheless a remonstrance before the king, when his Majesty declared that the ordinary ecclesiastical jurisdiction might likewise take cognizance of the above-mentioned crime, in conse- quence of the deception practised on the parish curate who assisted at the second marriage. He also granted permission for the Inquisition to prefer charges in this case, but only when unbelief with regard to the Sacrament has been pre- viously proved; for if, under the possibility of its existence, (the very reason alleged by the decree,) the tribunal should arrest the person of any one, it brings upon him the stigma of infamy, unless he should appear fully to have deserved it. With regard to the excessive extension of ecclesiasti- cal jurisdiction on grounds purely specious, vide Domingo Cavalario, Institut. Jur. Canon, part iii. cap. ii. ^12. 2 150 INQUISITION UNMASKED. [CHAP. IV. yet to mention another species of crime of which this tribunal Hkewise takes cognizance, a crime which, however opposed to nature, has not the smallest affinity with heresy. No one better than those who have been called to the ministry of the altar, and are sensible of the purity it requires, will be able to declare whether it would not have been more adviseable to have waved all judicial inter- ference with an offence which reduces the perpretator to a rank inferior to brutes. In a word, the Inquisition not only punishes as a crime against the faith any aid given to culprits, whether it may have been on the part of respectable characters, or originated in friendship or affinity, but also imposes punishment on those who censure its acts, even when a love of truth and good order had been the sole instigation.* In conformity to this regulation, when Aonius Paleario, formerly professor of the Greek and Latin languages in Sienna, Lucca, and Milan, censured the rigorous persecu- tions of this tribunal against Lutherans, as well as every man of talent, he was imprisoned by the order of Pius V. and carried to Rome, where, according to some, he was burnt afte^' * Bull " Si de protegendis," of 1st April, 1569. CHAP. IV.] INQUISITION UNMASKED. 151 having been hanged, and according to others, burnt alive.* Without entering into the other charges which might be alleged against such a proceeding, I shall merely observe that if the above was a crime, Clement XIV. must equally be considered as guilty, since writing to a Protestant minister he expresses his sorrow at the times when such things oc- curred, to which times he gives the term of " stormy, when each one," as he observes, " borne away by his own impetuosity, had deviated from the rules of Christian modera- tion. No one regrets more than myself,'* adds he, " the injury we experienced in the last century: the spirit of persecution is ex- tremely odious to me.f* What a difference between one century and the other, as well as between the talent and greatness of soul of Ganganelli compared with many of the popes who preceded him ! Notwithstanding at first sight this tribunal appears to be exclusively destined to act and give sentence in criminal cases, it has never- theless been frequently occupied in matters purely civil. This, in some measure, has ori- * Diction. Hist. Art. Palearius ; vide also the preface annexed to the Amsterdam edition of his works, 1690, f Clement XIV. letter cix. 15a INQUISITION UNMASKED. [cHAP. IV. ginated in the sequestrations and confiscations of property to which criminal matters give rise ; as well as in that active and passive privi- lege enjoyed by the inquisitors and their de- pendants in all kinds of suits, by which they are authorized to bring the latter into their own court, and cite before them any individual whatever. In pecuniary matters it is not to be wondered that the defendant is often obliged to appear before the Inquisition, and as it were at the mercy of the plaintiff, from such little consideration being paid to any one arraigned before it, and because the well-known princi- ple of right which is founded on humanity and justice, viz. that the accused under a pa- rity of circumstances ought to be favoured, has little or no weight with the judges. Finally, it is only necessary to remark that, although formerly the civil suits in the Inquisition were conducted in nearly the same manner ^s the criminal ones, and consequently ex- perienced the same illegalities, at present they undergo the same forms practised in the other courts of justice. FORM OF PROCESS. The judge proceeds by virtue of his office, or at the suit of the party. In the first case Chap. IV.] inquisition unmasked. 153 it is called by Inquisition, or Judicial Inquest ; and in the second, by Denunciation and Se- cret Impeachmeyit . Of these three modes of proceeding, the two first only are in use in this tribunal, viz. Inquisition and Denun- ciation. By Inquisition or Judicial Inquest. — When I observe that the Inquisition was es- tablished in the 13th century, I mean as a regular and ordinarj'- tribunal, with a fixed residence, on the basis it now stands ; for, taken in its full scope and under the various forms it has assumed, it is evident that its origin must be of a much more remote date, since it commenced about the period when the secular power for the first time sent out searchers after heretics, in order to deliver them over to the magistrates for punishment. This period was about the 4th century, when the discipline of the Church began to de- clinCj and the first record in which the term Inquisition occurs, signifying the search or judicial inquest made for those who after being baptized dissented from the Catholics in matters of faith, was a law of Theodosius promulgated in 382*. From the period of * Codex Teodosian. lib. xvi. li. 28, 29, and 40.-- Justi- nian re-assembled the contents of these laws in his code 154 INQUISITION 0NMASKED. [CHAP. IV. this law and others of a similar tenor, ap- plauded, and possibly dictated, by some bishops, and afterwards confirmed by succes- sive monarchs ; the history of the Church is filled with blemishes, which considerably take from its splendour. The 8th century more especially furnishes us with convincing proofs how much man may be deceived by a mistaken zeal for reli- gion, or rather by a desire of revenge against those who in this particular are of a dif- ** De Hasret." leg. iv. in the following words : " Manichceos ten Mariichctas, et Donatistas meritissima severitate perse- quimur. Huic itaque hominum generi nihil ex moribus, nihil ex legihus commune sit crcm ceteris. Ac primum quidcm volumus esse publicum crimen, quia quod in religionem divinam committunt, in omnium Jertur injuriam. Non donandi non emendi, non postremo contrahendi cuiquam. convicto relinquimus Jacidiatem. In mortem quoque inqui' sitio extendatur. Nam si in criminibus majestatis licet ttie- moriam accusare defuncti, non immeriio et hie debet subire tale judicium. Ergo et suprema illius scriptura irrita sity sive codicillo, sive epistola, sive quolibet alio genere reli- querit voluntatem, qui Manichceus Jidsse convincitur." All heretics were comprehended under these penalties, even when their opinions were only proved by weak argu- ments, as may be seen by law ii. of the same code, in the following words, " Hcereticorum autem vocabulo continentur, et latis adversus eos sanctionibus succumbere debent qui vel levi argumento a judicio Catholicce religionis, et tramite detectijiierint deviare.** CHAP. IV.] INQUISITION UNMASKED. 155 ferent opinion. Charlemagne, more inhuman towards Pagans in France than Sisebutus towards Jews in Spain, gave a perfectly new appearance to the Inquisition, which strength- ening itself by degrees from the time of Theodosius to that of Frederic II., at length destroyed the happiness of the people among whom it was established. That prince, after conquering Saxony, not content with forcing the inhabitants to embrace Christianity, and finding that many returned to the worship of their gods, deputed searchers deserving of the name of inquisitors, to go through the country and put all such to death. They formed an association founded on certain statutes, to the observance of which they bound themselves by oath, without their power having any other restrictions than those of their own pleasure ; for they were autho- rized^ not as formerly to seize heretics and bring them before the competent tribunals, but to judge them themselves in a summary manner, and even to make away with them by means of public or private executions, with- out any responsibility being attached to them. In order to strike their blow more effectually and with greater security, these assassins, and most assuredly they merit no better a name. 1.16 INQUISITION UNMASKED. [cHAP. IV. adopted a certain alphabet and signs by which they were known to each other, but which were occult to every one else. Such were the steps pursued by this strange tribu- nal from the time of its origin, till Pope Inno- cent III. and Frederic II. gave it the form under which it has since continued.* I think that no one, on reading that in ancient times the inquisitors were formed into a secret soci- ety to whose statutes they were bound by oath, and that they had an alphabet and particular signs for the purpose of knowing each other, will fail to think of the order of Free Masons; nor is this the only point of affinity I observe between the two institutions. As soon as the tribunal was erected into a regular and permanent court, the process of inquisition was changed into that of denun- ciation ; notwithstanding, however, it still re- tains in its practice vestiges of what it origin- * Paramo, De Orig. S. Inquisit. lib. ii. cap, xxv. n. 1. *' Leges denique secretas, et notas occultas et jm'anientijbr- mam eis prcescripsit (Carolus M.) quibiis in judicando et puniendo juste procederetitf sibique mutuo noti alios laterent^ et necessarium in te)-ra Saxonica judicium perpetuo conserva' rent. Alphabetis ctiam certis inter se utebantur ad tempus." It is here meant by the latter words, that they changed the alphabets from time to time, in order to ren» tier their interpretation the more difficult. CHAP. IV.] INQUISITION UNMASKED. 157 ally was, which evidently prove that the spirit by which it is actuated is the same now as in former times, in like manner as its denomi- nation is also unchanged. As such I consi- der the two edicts, one called " Of the Faith," and the other " Of Grace." The first is read every year on one Sunday of Lent, during the performance of divine office, in all towns where a tribunal is held, and in it a general injunction is laid to denounce every one who may have sinned against the faith within the space of six days. The se- cond is issued with great pomp and parade by the inquisitors on their establishment in any city, or when they go on a circuit ; and by it those are invited to give information against themselves who may be under any apprehensions of being denounced by others, for which a term of thirty or forty days is given, and pardon offered on condition of their compliance within the time prefixed, otherwise the delinquents are threatened with the confiscation of their property and the other penalties of the law.* Undoubtedly a plan of such a nature is of all others the best adapted, not so much to * Instrucciones de Sevilla, de 29 de Noviembre de ] 484'j i ili. 158 INQUISITION UNMASKED. [cHAP. IV. excite in the people a servile respect towards the Inquisition, as to fill them with selfish and malevolent principles, and form society into a horde of trembling and abject wretches. By these two edicts the prejudices and mutual odium of two individuals become the common cause of this tribunal, and the vilest passions of human nature, through its recommenda- tion and influence, acquire the highest degree of authority. Hence did it happen that, in the first years in which these edicts were is- sued in the provinces of Andalusia, our an- cestors were in such haste to become their own accusers, that from the year 1481 to 1520, no less than 30,000 persons informed against themselves.* And in truth, under, such dilemma, who would not prefer to un- dergo a momentary, although undue and re- pugnant humiliation, to remain for ever under the stigma of defamation ? Or rather, who was there that did not endeavour to call to mind every thing he had said during the whole period of his life ; the expressions of his countenance on hearing a conversation, or even his silence, for fear this might have ren- dered him suspicious, when he was aware * Paramo, De Grig. S. Inquisit. lib. ii. tit. ii. cap, iv. n. 12. CHAP. IV.] INQUISITION UNMASKED. 153 that by presenting himself voluntarily he escaped all molestation, whilst through any inculpable forgetfulness he brought ruin on himself and family. Even thus, every one who escaped might be considered fortunate ; since, according to the ordinances of Portu- gal, the invitation of the inquisitors, as well in their circuits as at all times, was a mere lure, as they were able to throw the self-in- former into a dungeon if they choose, under pretext of his not having confessed all he was obligated to do.* This same was experienced by Marc Antonio de Dominis, Archbishop of Spalatro, who having embraced the Protestant religion passed over to England; he after- wards returned to Rome, whither he had been invited by the Pope and the Inquisition, both of whom had offered him pardon. He never- theless died in prison, as is generally under- * The above Ordinances, lib. ii. tit. ii. n. 4-. contain the following words : Parescendo aos inquisidores que a pessoa que se appresentou nao faz inteira e verdadeira confissao de sus culpas, sera reteada em uma caza fora do carcere, e se vera seu processo em meza pelos inquisidores, e to- mandose nelle assento que seja preza asi se executara, e ainda que satisfa9a logo depois de preza nao ficara go- zando do previlegio de apprezentado, posto que em sett despacho se podera ter a isso algum respeito.'* — The term processo, is here taken for the declaration or con- 4 160 INQUISITION UNMASKED. [CHAP. IV. Stood, through the effects of poison adminis- tered to him by his own relations, in order to spare him and themselves the shame of his being brought out in an Auto of the Faith.* There is, however, still another reason why so great a number of persons stepped for- ward, on the re-establishment of the Inquisi- tion under the new shades of ferocity added to it by Torquemada, in order to accuse them- selves of crimes which in all probability they never dreamed of committing, and this is, the strong sensations caused by the alarming spectacle of the frequent punishments at that time inflicted ; since there is no sacrifice too great for man when agitated with terror. Hence at no time and in no place have so n^any witches been seen as in the duchy of Lorrain in the 14tli century, when they were persecuted in the most inexorable man- ner, and the alienation of mind caused by the terror of punishment in some persons was so great, that they confessed crimes which they fession made by the culprit against vvliom there is no testimony or denunciation alleged, since it had been thus previously laid down in n. 2. " E nao havendo contra a tal pessoa testemunhas posto que a noticia procedesse de sua propria confissao," &c. * Diction. Histor. art. Dominis. CHAP. IV.] INQUISITION UNMASKED. 161 never could have committed, even if they had wished it ; crimes which, as soon as the prejudices of the common people were dissi- pated, and their persecutions at an end, have entirely ceased.* In like manner in Italy, when the Inquisition was re-established, he- retics sprung up in every quarter ; because the ignorant upstarts of those days, elated with their learning and devotion, conceived that in every man who was not entirely of their own way of thinking they saw a Cal- vinist or a Lutheran, just as those of the present age behold no others than Jansenists and unbelievers. Princes and princesses, entire colleges, priests, friars, bishops, and even cardinals, were then metamorphosed into sectaries. Paul IV. himself, who by the pro- tection he gave to this institution, might be considered as the principal author of so many extravagancies, was satisfied with a compro- mise on the part of Cardinal Polo when accused of Lutheranism, and of whose cause he was personally taking cognizance, con- senting that the papers drawn up by the Cardinal in his own defence should be burnt, and the affair buried in oblivion ; fearful that if they were published he would be in a worse * Feijoo, Teatro Critico, torn. u. disc, v, n. 58, &c. VOL. I. M l62 IKQUTSITION UNMASKED. [CHAF. IV. plight than the accused. But this frenisy did not stop here; it even became necessary to fill up many of the places of the Inquisition with laymen, for it was discovered that num- bers of the ecclesiastical inquisitors were themselves heretics.* In combating the vulgar errQr respecting witches Feijoo observes ** that it frequently happens that persons of a lively imagination, but devoid of courage, on contemplating any enormous crime whilst under the influence of terror, particularly if the town has been dis- turbed and the police under alarm, experience such a strange perturbation of the brain, that this receives the most unaccountable and chimerical impressions. The horror of crime and the severity of punishment disorder the animal spirits so much, that the dread of in- curring blame drives the imagination to fear the actual commission ; and from profoundly meditating this as possible, the mind at length comes to the actual transition of being con- vinced of guilt. The strong apprehension of * Bernini, Istor. di Tutte L'heresie/ torn. iv. secol. xv'u cap. vii. These are his words : '< Qiiesta risoluzione in servirsi di secolari fii presa, perche non solo molti vescovi e vicarii e Jratri e preti, ma anco molti dell* istessi inquisi' tori erano heretici.** CHAP. IV.] INQUISITION UNMASKED. 163 the idea which, at the beginning was only considered as abstract, imprints itself so deep and under so lively a form as to render its real existence no longer dubious. The blind imagination rushes on those objects which the terrified will seeks to avoid, in like manner as the head strikes the very spot from which the feet attempted to wander ; or, as the anxious wish of one travelling over a precipice not to fall perturbates him so much that he can no longer keep on his feet. For this reason it is,*' adds our author in a sporting tone," that I venerate that most discreet lentitude with which the holy tribunal of the Inquisition proceeds in its resolutions." Besides the ob- stacles which the malice and ignorance of men oppose to the examination of truth, in the crimes judged by that tribunal the most to be feared is that a fool may pass for a real delinquent. Heresy, blasphemy, and supersti- tious rites are certainly horrid crimes; but in them it is still easier for the exterior act to proceed from the depravation of the under- standing, than from the perversion of the will.* ♦ Feijoo, Teatfo Cntico, torn. ii. disc. v. n. 58, &c. As this author, from having carefully examined the matter, was well aware that the persons condemned by the InquisitioB m2 i64f INQUISITION UNMASKED. [CIIAP. IV. How great, therefore, must have been the terror infused into the minds of the people by the first appearance of the Inquisition at Seville 1 and how alarming must have been the perturbation of the mind, when even such strong symptoms were visible in the very persons who introduced it, and were the for witchcraft amounted to many thousands, he could hardly allude to its lentitude and discretion injudicial pro- ceedings, unless he meant that lentitude which it ought to have had, and not that which in reality it possessed. He only who is unaware of the irony of Feijoo, can doubt the keen manner in which he criticises the proceedings of the tribunal in the passage above quoted; nor can it be denied that he exhorts its members to act with more circum- spection, a circumstance that must appear obvious to every one who considers how much this wise man laboured to diminish the evils ignorance causes to humanity. In the style of this criticism we discover others in several of our classical writers who combated the abuses of their own time, of which I shall make mention as they occur. Their opinions with regard to the Inquisition, although disguised with the enigmas of fable and tempered with jests, are too palpable for me to omit doing justice to their judgment in this particular, and thus strengthen my own assertions by the weight of their authority. I shall be happy in mani- festing to the whole world that, notwithstanding the tyranny of this tribunal, persons have not been wanting in Spain, who, while they sheltered themselves from its vengeance, nevertheless impugned it in such a manner as to deserve the gratitude of posterity. CHAP. IV.] INQUISITION UNMASKED. 16^ depositaries of its authority ! Let the multi- tude of those who by its means hastened to be reconciled to the Church no longer be quoted as a proof of the utility of this tribu- nal ; for it is to be conjectured that they rather sought to elude its resentful rage than lay aside their errors, if in reality they had any. The objections against a general inqui- sition or search are too clear not to have been known to legislators ; for this reason it has been banished from all codes, whenever super- stition and despotism have had no interest in sanctioning them. Indeed, as long as crimes are so hidden as to produce no external effect, equity prescribes the belief of their non-ex- istence, for in this case it is the same as if they really did not exist ; otherwise the magistrate would be in continual search of delinquents on whom to vent his rage and vainly display his power, and not of vices, in order to effect their reform. Hence when a law containing a renewal of that of Theodosius already men- tioned, yet aggravating it with capital punish- ment, was about to be published in Africa against heretics, St. Augustin and other zealous bishops of his time represented to the government the evils that would thereby 1 166 INQUISITION UNMASKED. [CHAP. IV. ensue. However the importunate suggestions of others who were in favour of Inquisitions prevailed over the remonstrances of these prelates, and the publication of the law was carried into effect ; but when the evil conse- quences predicted by St. Augustin came to be verified, Pope Gregory the Great some years afterwards solicited its revocation, and obtained it.* But of this I will adduce fur- ther proofs: the Emperor Trajan, notwith- standing the system of intolerance he adopted against Christians, and his orders to punish them whenever accused, forbade that any search or inquisition should be made after them, reprobating this measure as cruel.t How different has been the conduct of the Inquisition with regard to sects ! It is cer- tainly a melancholy circumstance that nations possessed of the Gospel, and consequently in no heed of learning from the excellent treatises of morality handed down to us by . * Van-Spen, Jur. Ecclesiast. part iii. tit. iv. cap, iv.-'— S. Gregor. M. Rcgistr. Epistol. lib. v, epist. viii. f Pliny, lib. x, epist. xcviii. — TertuUian, in his Apologet. cap. ii. considers the measure of Trajan as contradictory, possibl}^ because he w&s not kware of the political reasons of the Emperor. CHAP. IV.] INQUISITION UJS^-MASKED. 167 the heathens, should still in their conduct, have so many examples worthy of their imi- tation among them ! It would be impossible to view in any other light than as barbarous an institution which, besides ordering and authorizing an odious search or inquisition, has made this even its chief motto, and out of it formed its very appellation. No better name can be bestowed on the Enquesta, a species of crimf- nal court used formerly in Aragon, and which as well in the origin as the signification of the term is nearly allied to the Inquisition. This court excluded from the protection of the laws any citizen who might have exchanged this title for that of a servant of the king, and en- tirely subjected him to the caprice of his lord. Thus has it happened that one of the king's household was called up to the palace seemingly for business connected with his duty, and perhaps an hour afterwards was •seen a corpse slung on a beast of burden and carried before his own house to be buried.* The Enquesta was possibly quicker in dis- patch than the Inquisition, but the latter has «urpassed it in ferocity. * Antonio P^rez, Relacion deJ 24 de Mayo. 168 inquisition unmasked. [chap. iv. By Denunciation and Secret Impeach- ment. — This is the most usual mode of pro- ceeding ill the Inquisition, in preference to that of accusation. The reason is obvious : the denunciator or simple informer does not bind himself to prove the charge he prefers, and is under no apprehension of punishment, unless calumny is the result; whilst the accuser obliges himself to follow up the suit to its issue, subjecting himself to the penalties of retaliation, or the others prescribed by the law against those who are unable to prove the crime they have alleged. Why then should any one pretend to lodge an accusation in the proper forms, when the Inquisition was always ready to admit an informer? The operation of accusation is, however, included in that of denunciation, at least with regard to its effects, and when the whole process is well considered, it will be found that even the agency of inquisition or search is equally blended therewith. To oblige the faithful to lodge information against any expression that may sound ill, besides the secret emissaries of the tribunal, is to create as many spies as there are members in society. To oblige those who live under the same roof and eat CHAP. IV.] INQUISITION UNMASKED. 169 at the same table, to discover crimes which could not be pryed out but by resorting to the most atrocious felony, is to carry es- pionage to a most unexampled height of fury. In short to oblige persons to inform against themselves, in order that their names may be eternally inscribed on the infamous records of the Inquisition, is to wield superstition and tyranny in such a manner that it alone was capable of inventing. It has been established among theologians that he who proffers an heretical proposition, although it may have been heard by and is known to no one, is not less subject to the excommunication reserved to the inquisitors than if he had pronounced it in public ; for notwithstanding it is true, add they, that the Church in quality of a visible association does not judge secret offences, the case in question is rendered so per accideris, and not per se. Confessors know better than myself that some penitents, refusing to appear before the Inquisition for the purpose of obtaining the absolution of the censure incurred, have deferred sacramental confession to the hour of death, when all reserve ceases. Either this was because they could not persuade themselves that the external jurisdiction of 170 maUISITION UNMASKED. [CHAP. IV. the Church extended so far, or else they wished not to expose themselves to have their names some day or other publicly stained with so foul a blot, as has now happened by the irruption of the French into the kingdom, who have taken out all the documents they could find in the Inquisition, and distributed them to every one who wished to pick them up. I have nothing more to add on this head, except that the tribunal of penance is not that which has least suffered from the tribunal of the Inquisition, nor under less titles.* * The obligation which even those are under, whose crimes are hidden, of soliciting from the inquisitors a dis- pensation from ecclesiastical censures, and the necessity of the intervention of the notary in the granting of it is acknowledged, though with a certain degree of doubt, by Ignacio Lupo de Bergamo, in his work entitled " Nova Lux in edictum S. Inquisit," part i. lib. viii. art. iv. dilF. ii. This same is, however, enjoined by the Initructions of the Inqusition of Seville for 14'S4', the fouth article ordaining as follows: — " Those persons who, under the duration ■of the edict of grace, or at any time afterwards, may appear and express a wish to be reconciled, shall present their confessions in writing to the inquisitors, whilst the court is sitting, certified by the notary and two witnesses, or three of the officers belonging to the same, or else other respect- able persons." — That the delinquents here alluded to are comprehended under this general rule is fully proved by CHAP. IV.] INQUISITION UNMASKED. 171 It cannot be denied that the discovery of crimes made to a magistrate for the purpose of punishment in conformity to the laws, has ever been held as an imprescriptible right of the citizen by the most celebrated nations of the universe, viz. the Hebrews, Egyptians^ Greeks, and Romans. More especially among the latter, and in the most flourishing times of the republic, this proceeding far from being deemed dishonourable, was held in the light of a service done to the country, and considered as the firmest support of liberty. For this reason many illustrious personages appeared then in the forum in the character of accusers; this was even the avenue that led to merit and celebrity. Thus Cicero owed to the office of accuser great part of his glory ; and Cato, who had been accused the fifth article, in which they are exempted from the same, but only as far as regards public abjuration. The Ordi- nances of the Portuguese Inquisition, lib. ii, tit. i. n. 13. enjoin all confessors to use every exertion in order to in- duce secret heretics to make a personal avowal ; yet it is nevertheless true, that the same Instructions empower confessors to absolve them in case they persist in refusing to appear, a practice which lately has been received among us, from its having been necessary for the tribunal to make the most of the penitent. 172 INQUISITION UNMASKED. [CHAP. IV, forty-four times, and as many times absolved, deemed it glorious to his grey hairs to be- come an accuser. But it is necessary to recollect that theirs was not a denunciation ; it was a true and formal accusation, and in this sense the impeacher, no less than the impeached, submitted to the penalties res- pectively imposed by the law. By this means, among the above nations public tranquil^ lity and private security were conciliated, both having for tlieir basis the mutual vi- gilance of the citizens, and the severity of the punishments ordained against the calumniator. To this well-equilibrated plan of accusation the Roman laws still added certain restric- tions, which were the more laudable because they prevented calumny rather than punished it. They denied the right of accusing to all persons suspiciorus for the weakness of their sex, the want of age, the lowness of cha- racter, known bad faith, or their prepon- derance. In like manner also, for reasons equally just, they did not suffer members of the same family to accuse each other. " The law," says Filangieri, " beheld a suspicious accuser in the man who does not respect the £f CHAP. IV.] INQUISITION UNMASKED. 173 sacred ties of blood or the obligations derived from gratitude.*'* An accuser of this nature would have been covered with the confusion and contempt of the tribunal itself, even before he had received the stigma of public opinion. Besides, if the laws have established prescription in civil cases in order to avoid uncertainty in the dominion of things, with how much greater reason ought they not to establish it in criminal accusa- tions, in favour of liberty, honour, and the life of a citizen ? Criminal accusations had a determined duration, for which there was a motive not less just than the former. Time, which buries facts in oblivion, still more quickly effaces from the memory their ac- companying circumstances, and consequently deprives the accused of the means of his own justification, leaving to the calumniator, by an inverse ratio, fresh opportunities of dis- guising his falsehoods. In conformity to this the accusation not only became extinct by the death of the culprit, but also by the lapse of twenty years in some offences, and of less in others. The Inquisition does not however act in * Filangieri, " Delia Scienza della Legislazione," lib. iii. part i. cap. ii. 174 INQUISITION UNMASKED. [cHAP. IV. this manner'; for, taking rather from the simple denunciation ^vhatever is favourable to the informer, and from the rigorous accusation what is contrary to the culprit^ it has created a new judicial process which it is impossible to class or define. In it the rancour and ven- geance of those who traced it seem emui- lously to shine, and it is difficult to discern whether their blows are most levelled against the rights of justice or of humanity; for who can defend himself against calumny when stimulated by the law, and accompanied with almost a certain hope of impunity? This bane of society, by means of secrecy, is converted into an arm that wounds at an immense distance. The informer, although he may have acted inconsiderately, besides being exempt from punishment, in consequence of the sophistry that the impeachment is directed to produce the amendment and not the punishment of the accused, is a treacherous enemy who strikes in an unguarded moment when he proceeds with bad faith, since the accused is never informed of his name, in order that he may be enabled to state his objections and exceptions ; rights which are conformable to nature, to the good order of society, and CHAP. IV.] INaUISITION UNMASKED. 175 which the Inquisition alone has dared to refuse. On the other hand, a wide field is not only left open to informers to establish and carry on their malevolent and false criminations, but they are even invited and compelled to become accusers. What then is the check which this tribunal places on the informer? Certainly no other than the prudence of the judges, which is the same as to say their arbitrariness.* With regard to restrictions, none are to be expected in a denunciation actually com- manded and ordained by the tribunal; for even insensible beings would be compelled to inform, if it was in their power, or else * Popes Alexander IV., Urban IV., and Clement IV,, granted three years' indulgence to every one who may give aid to the inquisitors, and consequently to every •ecret informer. — Eymeric, Director. Inquisit. part iii. quaest. cxxviii. Pius V. moreover enacted, that no regular prelate, either by way of chastisement or penance, shall be allowed, for any fault whatever, to trouble any secret informer, being one of his subjects, during the period of five years from the date of his information laid, unless the Inquisition should agree thereto, for which purpose he is previously to consult it. — Lupo de Bergamo, Nova Luk in edict. S. Inquisit. part. i. lib. iv. difF. ix. art. iv. The penalty against the negligent and tardy, according to several pontifical decrees, is excommunication, and their being considered as abettors of heretics. 6 176 INQUISITION UNMASKED. [cHAP. IV. incur the penalty of the highest excommuni- cation. Unable to extend its jurisdiction over the physical order, for the purpose of carrying its scrutinies into effect, it overturns the moral order of things by silencing the dictates of reason, and stifling the purest sen- timents of humanity. At the same time that it attaches infinite importance to a word, and deems the persecution and death of him who uttered it as the only means of preserving religion and the state, it eagerly grasps at any instrument however weak it may be, any slight surmise, although it may have the strongest presumptions of right against it, and holds them in the light of props to the edifice it endeavours to sustain. Not only females and striplings under age, on whose judgment little reliance can be placed, but the infamous, those who are pronounced banes of society, and even the perjured, who are publicly known to disregard the sacred solemnity of an oath, are all admitted, and even enjoined, to lodge informations before this tribunal, without any other restriction than being bound to swear that they have been induced to this measure by no other impulse than a zeal for the faith and the dread of punishment. The Inquisition does CHAP. IV.] INQUISITION UNMASKED. 177 not stop here. It believes, or feigns to be- lieve, that the excommunicated, the heretic himself, nay, even the infidel, takes a true interest in religion when he subscribes to an impeachment and is admitted.* Legislators who thus unblushingly trampled on the rights of justice could not be expected to pay any regard to the tender ties of domestic piety. Among us therefore one brother is not secure against another ; the mother is rendered sus- picious to her own children ; and the spouse, or father of a family, busied in daily labour to provide sustenance for the objects of his tender love, in all of them has a continual spy, because it is thus the pharisaical inqui- sitor ordains.t Whilst the Pharisees were extremely scru- pulous in matters of religion, they at the same time omitted other virtues without which this becomes mere hypocrisy. Those very persons who punctually paid tithes on mint, anise, and cummin, — who compassed both sea and land to gain one proselyte to * De Haeret. cap. Accusal, in. 6. What is said in this decretal of the witness is also to be understood of the secret informer ; for in fact he acts both parts. — Eymeric, Director. Inquisit. part ii. cap. xiii. et part. iii. n. 68. t Eymeric, Director. Inquisit. part ii. cap. Ixx, VOL. I, N 17S INQUISITION UNMASKED. [CHAP.IV. the Synagogue, and persecuted Christ and his Apostles as innovators of the faith, — did not hesitate to affirm that the succours which a son owes to his parents are better employed when offered to the ministers of worship. Such were their ideas of the obligations by which they were bound to the very persons who had given them birth.* This, however, was not the opinion of St. Paul, although he had been a pharisee ; nor would many of the prelates of the church have been of this way of thinking if they had remembered that they also were apostles. The above great expounder of the Gospel observed: " If any provide not for his own, especially those of his own house, he hath denied the faith, and is worse than an infidel." t Since then St. Paul considers the neglect of our own as a crime of which the religious man is incapable, what would he have said of him who, under pretext of religion, brings upon them infamy and death? In short, the little regard paid by this tribunal to the love by which kindred persons are united is clearly manifested by * S. Matth. cap. xv. v. 5. t Ad Timoth. I. cap. v. v. 8. " Si quis autem suomm, et maxime domesticorum curam non habet, Jidetn iisgavii, ei est ivfideli deterior.'" CHAP. IV.] INQUISITION UNMASKED. 179 the Instructions of the Portuguese Inquisi- tion. By them no notice is taken of a culprit secreting an accomplice who is his relation in a transversal degree, or even a stranger, but he is forbidden to secrete his parents, his children, or his wife ! * Finally, the death of the accused is not a barrier against the fury of the Inquisition, or the grave an asylum against its inexorable persecutions. The memory of him who died upright in the opinions of all is pursued with malignity, even a century after he had ceased to exist, if after that lapse of time any one seeks to avenge himself, or takes an interest in his defamation. His bones are dug out of his grave and burnt, unless already mouldered into dust; whilst his property is wrested from its present possessors, whatever be the title * Regimento do Santo Officio de Portugal, lib. iii. tit. iv. n. 1. " Quando o reo que confesson as culpas de heresia per que foy prezo estever diminuto em sua con- fissao e a diminui5ao for em complicidade que esteja le^timamente provada com algum seu ascendente ou descendente, ou com marido ou molher, nao Ihe sera a confissao recebida ; e por quanto se dpve ter per simulada sera relaxado a curia secular ; e si a complicidade for de pessoa parenta sua no primeiro grao transversal ficar^ em arbirio dos inquisidores haberse de I'ecebir ou nao «er recebida «uB confissao." N 2 180 INQUISITION UNMASKED. [ CHAP. IV. by which they have acquired it, becoming subject to confiscation from the moment the deceased committed a delinquency. In this particular, we Spaniards may complain of the Inquisition as the Romans did of Do- mitian, and even with greater reason ; since, by the confiocation of inheritances under the most frivolous pretexts, no security exists in the testaments of the deceased, neither have the heirs or legatees been allowed to enjoy their privileges, nor have the slaves who had been manumitted by the testator known whether they were really free or not.* In former times at least these spoli- ation laws only lasted as long as the life of the tyrant, which fortunately was always short, and the reputation of the deceased was un- hurt ; but under this tribunal the possession of property does not enjoy the rights of pre- scription till after forty years, but the me- mory of its original possessor never.t From these premises it must result that the exhibition of crimes made to the Inqui- sition is very different from that usually made in the tribunals of the nations of antiquity, and extremely opposed to the duties of * Plin. Paneg. cap. xxxiv. Suetonius Domitian. cap. xii. t Eymeric, Director Inquisit. part iii. qucBSi, Ixiii. 4 CHAP. IV.] INQUISITION UNMASKED. 181 society. The heinousness of this practice will still appear in stronger colours, if it is only compared with that obsei-ved by the Church in this particular during its happier times. Our own Council of Elvira ordered that communion should be refused to informers till the end of their lives, if any one had been put to death or banished in conse- quence of their impeachments.* Above all, the cruelty with which this tribunal has pro- moted denunciations, and the facility with ivhich these have been etTected, is evidently opposed to what our Saviour ordains through St. Matthew, viz. that every practicable means are to be employed in order to induce him who has erred to enter into himself before he is cited before a tribunal.t Even among the Jews, whose legislation was so heavy a yoke that they were scarcely able to bear its galling weight, a propensity to denuncia- tion was held as extremely odious, and as * Canon. Ixxiii. ■[ S. Matth. cap xvlii. v. 15. " Si autem peccaverit in tefrater tuus, vade, et corripe eum inter te, et ipsum solum : si te audierit lucratiis erisfratrem tuum" — v. 16. " as the confiscated property of the first affords abundant means. Interlocutory Investigation. — As soon as the person of the accused is secured his declaration is taken down, and this is called investigation. It is the common practice of these courts first to question him respecting the perpetrator of the offence, but in general terms, in order to avoid all anticipation and surprise. Respecting his crime he is interro- gated in a special manner, and the whole is preceded by an oath to speak the truth. With a similar view it is forbidden to allege against him any of the charges resulting from C»AP. IV.] INQUISITION UNMASKED. 199 the process already formed, leaving him to discover all spontaneously. This formality, if we except the oath which, in such cases, amounts to a gross abuse, contributes to shorten the causes of those culprits who, by at once confessing, submit to the punishment deserved; and also, in cases of denial, by comparing the declaration of the prisoner with the impeachment of the informer and testimony of the witnesses, this measure tends to promote the discovery of the truth and the sincerity or duplicity of the parties. I again repeat that it is an abuse of judicial power to oblige a culprit, by means of an oath, to acknowledge a crime for which he is perhaps to suffer the capital punishment awarded by the law. This proposition which, a hundred years ago, would have been condemned as heretical and subversive of public order, is now generally received as a political dogma. And, in truth, if we establish as a firm prin- ciple that laws are not instituted for heroes, who does not see that it argues a great inconsistency to expect the culprit will avow himself guilty when his life rests on his denial ? The custom therefore of tendering an oath to extort the avowal of the party concerned in criminal matters has been a 200 INQUISITION UNMASKED. [CHAP. IV. measure as anti-religious as it was anti-politi- cal ; and its result has been no other than to depreciate and debilitate a bond so respecta- ble and efficacious in society, and at last to bring it into almost total disrepute. Let us now proceed to see the practice of the Inqui- sition in this particular. The culprit being carried before the tri- bunal, the judges, clothed in all the parade of terror suitable to their character, tender to him the oath whereby he swears to speak the truth to all that may be asked of him.* This practice, considering the nature of the interrogatory to which he is subjected in this tribunal, will be found to possess conse- * Corapilacion de Instrucclones, n. 13 & 20. The fierce aspect of the judges is enjoined by Massini, Prattica della Santa Inquisizione, part x. avvert. cliv. under the follow- ing words : " II giudice mentra esamina i rei dee mostrarsi nel volto piuttosto rigido e terribile che piacevole." — Notwithstanding it is now nearly three centuries since the Inquisition among us has been entrusted to the secular clergy, as the institution is under such great obligations to the Dominicans who were its judges and legislators in. the time of its barbarism, and as the latter, both in Spaia and Italy, have nevertheless partly sat as judges and have afterwards obtained a seat in the Council of the Supreme, I have considered it but just that this circumstance, as well as their difference of dress, should appear in the plates representing the tribunal. Vide Plate II. CHAP. IV.] INQUISITION UNMASKED. 201 quences infinitely greater than in any other. The culprit is obliged to declare his whole genealogy and descent, notwithstanding the court through other channels carries on the same scrutiny; and is obligated to make known whether any of his ancestors, in a direct or transversal line, or his brothers, wife, children, or indeed himself, have at any time previous been arraigned before the tri- bunal, and penanced by it.* One of the objects of the Inquisition in this preliminary inquiry is to get at a clue that may tend to implicate the accused in a stronger manner ; for, as already observed, there is no proof however small or remote that is not grasped at, provided only it serves to aggravate his criminality. Another motive is to obtain possession of the property he may have inherited, by declaring the right of succes- sion as null and void, to the evident destruc- tion of perhaps many families. In conformity to this the inquisitors com- pel all Jewish apostates, as well as all other offenders subject to sequestration, to declare on oath the names of all their relatives ; and besides, whether they at any time testated, * Compilacion de Instrucciones, n. H. — Ordetx depra- eesar, fol. 9, 202 INaUlSITlON UNMASKED. [cHAP. IV. and before what notary.* According to the same rule, and under the same oath, the culprit is further bound to make known every item of property he possesses, so that nothing escapes confiscation. This is ren- dered the more complete by the pardon of his life being granted to him the first time he falls into the fangs of the Inquisition ; but of which he is pronounced unworthy if he should in the smallest degree be wanting to the truth. And, although it is true that the relapsed is also under the obligation of exhi- biting his property, notwithstanding he is divested of every hope of pardon, it is never- theless clear that, as the second spoliation follows on the heels of the former one, the gains are generally much less.t The obliga- tion imposed by the tribunal on the culprit who has before been condemned to do penance, and by which he is bound to de- clare whether this really was the case, is * Orden de Procesar, fol. 9, note ms. "In cases of conyerted piactisers of Judaism, and in others from wlvich sequestration of property may result, it is proper that, besides the names of the relatives, it should be stated whether the culprit has made a will, and before whom, as this may serve a great number of purposes." t Vide Relation de I'Inquisition de Goa, chap. xix. 4 CHAP. IV.] INQUISITION UNMASKED. 203 certainly extremely singular ; as, by this cir- cumstance, he is proved to be a relapse, whence that mercy is denied to him which otherwise would have been granted if the fact had not been known. By this means a culprit may be carried to execution for the crime of false repentance, (Jicta pcenitentia); of the existence of which offence the smallest traces would not have been found in the Inquisition, if the prisoner had not been forced to declare the circumstance by virtue of the oath imposed upon him, contrary to all reason, and according to an abuse of power which makes humanity shudder. In like manner, the court requires of the prisoner an exact account of his whole life ; and, in case the witnesses incidentally depose respecting any other crime foreign to its competency, this is nevertheless produced by the proctor in the accusation by way of presumptive evidence, and consequently the culprit is forced to confess it, or else he runs the risk of his denial and perjury producing an unfavourable influence on the issue of his trial.* He is further enjoined to avow what his intention was in proffering the proposition for which he has been arrested, or the sense * Compilacion de Instrucciones, n. IS. 204 INQUISITION UN3IASKED. [CHAP. IV. he attached to it in his own mind : in a word, he is compelled to furnish his judges with proofs whereby to condemn him, and such as he alone could disclose.* Whilst canonists and theologians have uniformly agreed that God alone could have commanded the exhibition of offences to the priest in the sacrament of penance, from its great repug- nance to the self-love of man, we here see that the popes, by pressing still harder on the culprit, have introduced it in a great measure into the Inquisition, with this aggra- vating difference, that sacramental confession is from man to man, and ends in absolution or secret suspension therefrom ; whereas in this tribunal the confession terminates in a reconciliation more or less public, always accompanied with infamy, or in a condemna- tion to die on the scaffold. Since therefore the oath is profaned by compelhng the cul- prit to depose against himself in criminal matters, in consequence of the imminent * This is to such a degree true, that wlien tlie oath does not suffice to compel the culprit to declare his inten- tion, or rather when the culprit does not make his declara- tion according to the pleasure of the inquisitors, the laws of the tribunal command that the torture shall be admi- nistered to him. Orden de Procesar, fol. 27. 5 CHAP. IV.] INQUISITION UNMASKED. 20S danger of his being wanting to the truth, how much greater is not this profanation in the Inquisition, where the arduous posi- tion of the prisoner is infinitely greater and more dangerous than in any other tribunal whatever ? Another remarkable peculiarity in this court is that the judges, when they call the prisoner to give in his declaration, hide from him the offence respecting which he is to make confession. He is, in the first place, ordered to state for what reason he has been brought to the Inquisition ; if he dissembles, or is really ignorant of the motive, he is sent back to his prison ; and this ceremony is performed as often as three times, with some interval between each.*= In all of them the judges do not cease exhorting him, after a renewal of the oath has been performed, to manifest for the security of his conscience every thing he may have said or done against the faith, against the free exercise of the tribunal, or the honour of its ministers.! * Compilacion de Instrucciones, n. 15. t Orden de Procesar, fol. l*. " He is admonished t« speak the truth if he has done or said, or been seen to do or say, any thing that may be injurious to the faith or contrary 206 INQUISITION UNMASKED. [CHAP. IT. The idea all this presents is, that the court wishes the prisoner to confess under a hope of being treated with greater kindness ; but without dreading the charge of temerity, and judging only from the strict nature of the process, I may venture to attribute to such a practice the highest refinement of the in- quisitorial test. At least it will not be denied that the prisoner is compelled to scrutinize every act and period of his life, till at last he hits on the cause of his impeachment. Scarcely recovered from the surprise caused by his arrest, and appalled by the contrast his imagination forms of the many and secret steps previously taken, compared with the state of security in which he lately lived, from that moment the prisoner begins to despair, and, hopeless and dismayed, he al- ready beholds the torment that awaits him. Bewildered, as in the mazes of a labyrinth, wherever he turns his eyes some fresh object increases his pain and adds to his anguish. Under the undoubted supposition that, in this abode of wretchedness, the appearances of the most officious charity conceal acts of insidious cruelty, he beholds no one who is to the free exercise of the Holy Office." MS, note, *' Or contrary to the honour of its ministers." CHAP. IV.] INQUISITION UNMASKED. 20t not an enemy, and hears nothing that is not directed to his ruin. Secluded from every species of intercourse, if his keeper says any thing unconnected with the service of his person, it is to assure him that it will be much in his favour to confess according to the pleasure of the inquisitors.* If an attor- ney is allowed him, it is after he has been sworn to use every exertion to induce his client to confess, and that he will abandon his defence from the moment he discovers his guilt. Thus is it that the prisoner has more to fear from his own advocate than from the proctor of his enemies.t If, seeking that consolation in God which he cannot find in man, he should solicit the sacrament * This is expressly forbidden by the ordinances of the Inquisition of Portugal, nevertheless constant pi-actice has been opposed to this prohibition, as is proved by what occurred to Dellon in the Inquisition of Goa, (Relation de la dite Inquisition, chap, iv.) and Don Hipolito Jose da Costa in that of Lisbon, (Narrativa da Perseguigao, torn, i.) t Compilacion de Instrucciones, n. 23. " The attor- ney is bound as a Christian to admonish him to confess the truth, and, if he is guilty, to sue for penance. Orden de Procesar, fol. 16. Again, " The advocate swears that, if the culprit has not justice on his side, he will undeceive him and keep secrecy." 208 INQUISITION UNMASKED. [CHAP. IV, of penance, either a confessor is refused him, or, if he is allowed one, it is not for the purposes of absolution, since of this he is deemed unworthy as long as he persists in not exhibiting to the court the crime of which he is accused; but that he may co-ope- rate with the rest in promoting his con- demnation by exhortations of a similar nature, and by revealing what the prisoner may have confided to him either before or after confession.* Finally, the inquisitors, * Compilacion de Instrucciones, n. 71. " If he ask for a confessor, a qualified and confidential person, shall be given him, who shall previously make oath that he will keep secrecy ; and, if the penitent in his confession sliould reveal any thing to him to be conveyed out of the prison, that he will not accept the charge nor be the bearer of any such communication. And if he should confide the same to him out of the time of confession, that he will also reveal it to the inquisitors, who shall advise and instruct the said confessor how he is to act towards the penitent, signifying to him that, since he is imprisoned for being a heretic, if he does not manifest his crime in a judicial manner, being guilty, he cannot be absolved. And, with regard to the rest, it is left to the conscience of the confessor, who is to be learned," &c. The good qualities which the tribunal requires in the confessor are understood by merely saying that he must possess its confidence. Massini, Prattica della S. Inqui- sizione, part x. avvert. Ixi. Regiraento do S. Officio de Portugal, lib. i, tit. iii. n. 29. CHAP. IV.] INQUISITION UNMASKED; 209 soaietimes with a complacent aspect, and at others in a demure and rigid tone, emulously urge him during the whole of the trial to acknowledge having been a defaulter in the manner laid to his charge. They affect to feel a paternal solicitude for him, as if a father, even when he were as zealous for the pubHc good as a Junius Brutus or a Manlius Torquatus, could seek the condemnation of iiis own son when his crime was not legally established ; and, by one of those strange contradictions so common to the Inquisition, in order to prove his delinquency, they endeavour to avail themselves of the res- pect for God and his saints which they suppose in him at the same time that they treat him as a mortal enemy to the Di- vinity. No people take the name of God so much into their mouths as the Jews in their engagements and the Gipsies in their contracts.* * The Order of Process, fol. 10, commands the in- quisitors to urge the culprit to the confession of his crime under the following form: " In reverence of God ©ur Lord, and of his glorious and blessed mother our Lady the Virgin Mary, admonishing him to examine his memory, and to speak the entire truth of all he should feel himself guilty or may know of in other persons being equally so, (we see the inquisitors do not forget the VOL. I. P 210 INQUISITION UNMASKED. [CHAP. IV. Who then follows up the defence of the prisoner when he has been abandoned by his attorney? Is he to be judged as one con- victed because his advocate has forsaken him? I find no regulations laid down for this peculiar case, and in reality they would have been of no service, since in fact the granting to the prisoner the means of defence is merely nominal. What the laws of the Inquisition prescribe respecting the confessor is not less monstrous. Theologians teach, that the seducing confessor commits a sacri- lege, whether his attempts have been imme- diately before or after the performance of his duty, because so vile a proceeding tends to render the sacrament odious. The same theologians would do well to inform the world whether that part of the practice and €M)nduct of the Inquisition we have just described is regular and proper. Did any confessor ever prostitute his ministry so as to become the instrument of an intrigue so scrutinies it is their duty to perform !) for by so doing he will unburden his conscience as a Catholic Christian and save his soul, and his cause will be dispatched with all possible brevity and mercy." The same is likewise •ordained, in almost the same words, by the Regimento do S. Officio de Portugal, lib, ii, tit. iv. n. 9. CHAP. ly.] INQUISITION UNMASKED. 211 abominably wicked as the above ? This cir- cumstance in former times, when inquisitorial zeal was in its zenith, would not have been a matter of astonishment, since the very per- jsons who drew up the above Regulation were themselves confessors ; but it is unac- countable that such a practice should have survived the barbarous age in which it was invented. With regard to the present time, and the influence which of late years this tri- bunal has held over the secrecy of confession, I shall quote the testimony of one who had powerful reasons to be well-acquainted with it. This is Don Juan Antonio Rodrigalvarez, late canon of the royal church of St. Isidore of Madrid, and afterwards titular archdeacon of the cathedral of Cuen9a. This worthy person, well known in Castile not less for his firmness of character and austerity of life than his science and ardent desire of reform in ecclesiastical discipline, and who lately died in the town of Canete, flying from the incursions of the French, was also funda- mentally acquainted with the actual state of the Inquisition, by whom he had been often consulted as an experienced con- fessor. In his memorandums on this sub- ject addressed to a friend in this city, p2 J12 INQUISITION UNMASKED. [ciIAP. IV. Speaking of denunciation he makes use of the following words : " The infraction of every right and principle in this tribunal still goes further ; for though secrecy is the very soul of all its proceedings, that of sacramental confession is nevertheless not respected by it, in consequence of the declarations it fre- quently requires of confessors relating to their penitents." Let it not however be objected to me, that this confession imposed by the Inquisi- tion on its prisoners has a model among the Scriptures in the case of Joshua against Achan, when the latter had secreted a rich garment, two hundred shekels of silver, and a wedge of gold, out of the booty of the city of Ai, in direct contravention to the com- mands of God on this occasion. Joshua exhorted him to give glory to God and openly confess the truth, and then cast him into the flames by virtue of his avowal, toge- ther with all his booty and property.* This is one of those extraordinary events which abound in the annals of the Hebrew nation, and, of course, cannot serve as an example for others. The same also may be said of all other arguments taken from their civil as * Joshua, chap, viii, v, 19. CHAP. IV.] INQUISITION UNMASKED. 213 well as criminal legislation, since it cannot be denied that both have now ceased ; and it will further be readily acknowledged that they were instituted for a people of a charac- ter little analogous to the Spanish, and that those times were very different to our own. Besides, can a nation that, during its infancy in Memphis under Pharoah, was no other than a horde of slaves, — that in Jerusalem, under David and Solomon its two most famous kings, was held in abject subjection, — - and that, since its dispersion, has lost all reasonable hopes of liberty, serve as a model to a people holding in its own hands the means of freedom ? If this were the case, of what avail would be the labours of the National Congress to give us a constitution, when it would suffice to enact the political regulations of the Pentateuch and command their observance ? In the civil code, among other things, we should then see the power of the father extend to the sale of his chil- dren ; in the criminal one we should behold the talion-law revived with the mutilation of members ; and in the usages of war the ab- solute power of the conqueror over his fallen foe would be again introduced. It is high time for those who appeal to the Old Testa- 214 INQUISITION UNMASKED. [CHAP. IV. merit for authorities in support of the rioourS of the Inquisition to be undeceived. Any liberal law found among the Hebrews may safely be adopted as a model, since we are now in search of a system of which liberality is to be the basis ; but we have nothing to do with their bloody laws, when we seek to loosen rather than to wind up the springs of abject prejudice and degradation, and are on the eve of breaking asunder the trammels of de- basement and slavery. Finally, the judge, before he closes the summary proceeding, requires of the prisoner to declare whether he is the author of the offence alleged, a process usually called taking down his declaration, whether he con- fesses ingenuously or not, or whether he persists in absolute silence. Whenever the latter takes place, all the penalty of the law is inflicted upon him the same as if he had avowed his offence, whereas he ought only to be punished for his obstinacy. This cus- tom, although extremely unjust, has been generally observed in our other courts, and the Inquisition has followed tlieir example, but with a considerable excess of rigour, according to what we have already shown, as well by an anticipation of time, as by CHAP. IV.] INaUlSITION UNMASKED. 215 the strenuous manner in which it wrests an avowal from the prisoner. Plenary Judgment. — The declaration, or as it may be called the confession of the culprit, which ends the whole summary judg- ment and corresponds to a cross-examination in civil cases, is the link that unites it with the plenary judgment, and also forms the whole basis of the process. When sufficient evidence appears from the first stage of the proceeding to act against the accused, and detain his person, the cause is instituted in the second with all due formality. To this effect, a proctor is named to act in behalf of the public, as well as an advocate to plead for the prisoner. The proofs are then sub- stantiated, and the exceptions examined with the greatest scrupulosity. In short, all the apparent importance is given to the matter which it ought in reality to possess, when the punishment or impunity of a delinquent is the object in view, and the well-being or misfortune of the innocent is to be the result. It is indeed true, that the Inquisition has adopted the form of a plenary judgment; but, as the court is already prejudiced against the prisoner from the time of his arrest, this has been adopted merely for the purpose of 216 INQUISITION UNMASKED. [CHAP. IV* condemning him a second time, and not for the protection of his innocence. With regard to the utihty that might result to him from this revision of his case, the latter proceed- ing is in fact as summary as the first; because in it there is no obligation to adhere to any. determined forms, but merely to observe what natural right prescribes, that is in the terms understood by the inquisitors, since this alone gives legality to the sentence.* In a word, all anomaly even when in contraven- tion to justice, as long as it possesses the slightest colouring of reason, is authorised by this tribunal, and even sanctified under a plea of what is called its being done in behalf of the faith. Lastly, that nothing may be want- ing to complete this disorganization, each provincial Inquisition has its own peculiar usages and regulations, nor would it be pos- sible in this place exactly to describe their respective modes of process.t The court however proceeds in a more * Paramo, De Ordin. Judiciar. S. Offic. quaest. iv, n.43. + Pena, Ad Director. Inquisit. com. xcvii. " Statuen- dum est" he say?;, " non esse privatas Tnquisitionum quaruvi' libet sanctiones inspiciendas, quibus scepe ex causa id cavetiiVy quod jure communif et communibus doctoruni dictis videtur (idversum** i^HAP.IV.] INQUISITION UNMASKED. 217 solemn and formal manner in the second judgment, which improperly, and for the mere purpose of misleading the unwary, has been called plenary ; for it only differs from the first, inasmuch as by this the prisoner, is sentenced to be detained without being allowed to plead, by virtue only of the declaration of the accuser and witnesses ; whereas in the other, although he is allowed to plead, the principal exceptions he might allege in his own favour are either withdrawn or invalidated when perhaps they might suffice to liberate him from suffering. This unjust mode of proceeding is founded on that axiom of right, or rather that fatal para- dox invented by flattery and sanctioned by tyranny, viz. that slight proofs are sufficient in crimes of great atrocity, and that in taking cognizance thereof the judge may exceed the common limits of the law. The Inquisition therefore availing itself of this rule, and besides mistaking the sin or offence com- mitted against God for the crime or injury done to society, not only punishes the here- tical dogmatist, but also avenges itself on any one who may have slipped into an un- guarded expression in the least opposed to any article of the faith. Thus a fault easily 218 INQUISITION UNMASKED. [ CHAP. IV, committed, or, if not, easily supposed so, and arising only out of indiscretion, is punished as the most enormous crime ; that is, as the crime of one who with mature deliberation should propose to destroy both religion and the state ; as a crime, in short, whose per- petration is scarcely possible, and for whose detection a concurrence of greater proofs is necessary than for that of an ordinary offence. At the same time that Paramo wishes that, owing to the enormity of heresy, the second judgment of the Inquisition should be held in the light of a summary one, he confesses, when quoting the Chapter Litteras De Praesumpt. and also Pefia, that the proofs of a crime ought to be the greater in proportion to its gravity.* It is by no means strange that the expositors of this form of legislation should fall into contra- dictions when its principles are continually clashing with each other. Beccaria, speaking on this subject, observes that, " if the gravity of crimes ought to be rated according to the dignity of the person offended, without any regard to the good or evil of society, an irreverence done to the * Paramo, De Inquisit. in Caus. Fidei, lib. iii. qusest. vl n, 90. CHAP. IV.] INQUISITION UNMASKBD. 219 Supreme Being ought to be punished with greater rigour than the assassination of the first magistrate of the nation, by the superior nature of the person offended acting as an infinite counterpoise to the difference of the offence. The falsity however of this opinion must immediately strike any one who impar- tially examines the relations which exist between man and man as well as between man and God. The first are relations of equality, of common utility arising out of the equihbrium of the passions and of individual interests, which constitutes the fundamental basis of human justice. The second are rela- tions of dependence on the part of created beings towards a perfect and creative one, who reserved to himself the right of legis- lating and judging, since he alone without an abuse of power can apply those punishments he himself has estabhshed for those who con- travene his eternal will. Besides, if the atro- ciousness of the sin, considered as an offence against the divine goodness, depends on the inscrutable malice of the heart, what human authority can measure out the penalty that is due? On the other hand, the acknow- ledgement of error and the repentance of the heart bring down upon the sinner the 220 INQUISITION UNMASKED. [CHAP. IV. consolations of a God, at all times disposed to mercy and pardon. Would not man there- fore thus be in danger of punishing him whom God had pardoned, and of pardoning him •who deserved punishment ?"* In conformity to this we are therefore to conclude that the true and only measure of crimes, as well as of the civil punishments corresponding to them, is the injury they do to society; and that ignorance and cruel superstition alone could have raised an expression to the level of the most atrocious crime that can be committed against it. PROOFS. These are of three kinds ; viz. by instru- ments or writings, by witnesses, and by the confession of the prisoner. The latter is again subdivided into voluntary, and that wrested from him by means of the torture. All of these have been in use in the Inqui- sition. By Instruments or Writings. — It being a fundamental principle laid down in this tribunal that the prisoner is not to hide any- thing that may tend to elucidate his crime and its accompanying circumstances, a private * Beccaria, Dei delitti e delle Pene, § vii. \ (^HAP. IV.] INQUISITION UNMASKED. 221 instrumental proof, such as a letter or writing of the party, thence becomes a document of as much validity as a notarial deed ; nor is it necessary for the writing to be legally proved, since it would be impossible for the party not to acknowledge it. From the same principle it follows that he is bound to denounce any such papers to the inquisitors, and even to find and put them into their hands, if this should be necessary to promote his condemna- tion. He is further compelled to translate them when the language in which they are written is unknown to the court, and to in- terpret and comment upon them when the sense is so obscure as not to be understood from a simple reading. Consequently the prisoner is thus forced to become his own accuser, and held to give in his sentence pre- pared to judges who are bound by no form^ or in other words, he is obliged to offer him- self up as a victim on the altar of the most despotic power, erected into a divinity. By Witnesses. — He who has heard or been present at a criminal act or saying con* stitutes a proper channel to furnish the judge with a knowledge of the offence, and of the person by whom it was committed ; however, at no time has his bare declaration been held 222 INaUISITION UNMASKED. [CHAP. IV. as sufficient to proceed to the sentence, at least as far as regards the whole penalty. Error and rancour are vices too common in men for the security of the citizen to depend on the testimony of a single person, and even the Inquisition has been obliged partly to respect this axiom of political justice. But this is not the case when the evidence of .two witnesses has been obtained; for although it may happen that both are mistaken, or both impelled by sinister motives, neverthe- less when they are examined separately, and agree in the material points of the fact, it is not easy for them to be wanting to the truth, to which they must adhere with the greatest nicety, if they wish to accord between them- selves. This is the reason why legislator* have required at least the evidence of two concurring witnesses to establish the proofs of a criminal accusation, and have rejected the testimony of persons suspected of interest, bribery, or of enmity, an exception always attended to in civil cases, and yet not easily proved. From what has already been said respect- ing secret accusations and accusers, it is easy to form a correct idea of the nature of the system adopted by tlie Inquisition with regard CHAP. IV.] INQUISITION UNMASKED. 223 to witnesses. It is therefore only necessary to remark that it excludes no one from giving evidence, in the same manner as no one is excluded or even dispensed from denuncia- tion. In order to establish the full proof, although two concurring witnesses are requisite be- sides the denunciator, those who do not con- cur but depose respecting different acts of heresy are sufficient for the infliction of the extraordinary penalty, and even for the abju- ration and the infamy which accompanies it.* The suppression of the names of the witnesses permitted by the decretals, only when it was apprehended that injury might result to them owing to the culprits being persons of power, has been converted into a general rule by the inquisitors, and has even been extended to all kinds of causes.* Notwithstanding this * Massini, Prattica della S. Inquisizione, part x. Avvert. Ixxxix. " Benche i testimoni singular! non provano I'eresia ad efFetto di condannare il reo con pena ordinaria, sono pero bastevoli a cagionare che se gl'lniponga qualque straordinaria pena o penitenza ed anco la purgazione canonica." + Instrucciones de Sevilla del aiio US*, § 16. The Order of Process, fol. 17, contains -these words, " In causes which are not of heresy and contain no suspicions thereof, some variation usually occurs ; but the parties .224- INQUISITION UNMASKED. [cHAP. IV. measure is so fraught with danger, the tribu- nal has considered it so necessary to its own ends, that in Germany at a time when the treasury was exhausted, the converted Jews offered Charles V. the sum of 800,000 crowns of gold if he would consent to regulate this practice by the usages of the other courts of justice. This proposal was rejected by the prince in condescension to the Inquisitor General, Cisneros, who repre- sented to him the great inconveniences that would arise from such a change.* We ought not to be astonished at such a line of conduct. Whoever contemplates the scientific produc- tions and the conduct of our literary charac- ters of the 16th century, at the same time that he acknowledges their really great learning compared with the state of science in those days, will not fail to discover in most of theiii a certain tincture of superstition, from which even the above distinguished Cardinal was not altogether free. The prisoner consequently never knows who is his accuser, nor who are the witnesses to support his impeachment, for the court takes the utmost precaution to are not cited to see the oath adniinistered, and the names of the witnesses are kept secret." * Paramo, De Grig. S. Inqiuj.t. lib. ii. tit. iii. cap.ii. n. 9. 7 CHAP. IV*] INQUISITION UNMASKED. 225 keep him in the dark. He is thus deprived of every means of being confronted with his adversaries, in those weighty cases in which all other courts would consider this measure as absolutely necessary. It is only when any doubt has arisen respecting the identity of his person that the witnesses view him from a secret place where they cannot be seen, which operation is called per rimulas ; or else they are brought before him with masks on their faces and covered with cloaks from head to foot.* (Vide Plate III.) " * Massini, Prattica della S. Inquisizlone, part ii. In Italy the confronting with various witnesses v/as usually performed in distinct acts, and the culprit was placed in a circle with other persons, to see whether they hit upon hira. This last measure, also used in other tribunals, is strongly recommended by Massini; but in my opinion there is no necessity for it in the case in question. It might be requisite when the inquisitors doubted whether the culprit was known to the witnesses, but here the doubt is whether the latter tells a falsehood when he denies being the person the former affirms he is. The regulation of the Portuguese Inquisition (lib. ii. tit. iii.n. 7.) is more correct, since dispensing with both these formalities, it only requires that the witnesses be not known to each other; and this end is answered by their being placed in the position represented in the above plate. The Spanish Order of Process, fol. 26, simply says that the culprits are not to be confronted with the witnesses. VOL. I. Q 226 INQUISITION UNMASKED. [CHAP. IV. The great importance the Inquisition has always attached to the secrecy of the wit- nesses has induced it to resort to certain fictions, as indecorous to religion as they are dishonourable and unprincipled. In the sum- ming up of the proofs when the accomplice- witnesses vary in their declarations and be- come perjured, this circumstance is com- pletely hidden from the prisoner, who is thereby deprived of the opportunity of can- vassing and rejecting their testimony, as undeserving of credit.* According to the same rule, not only the names of the accuser and witnesses are kept hidden from him, as well as the day and determined spot where the crime was committed, (the year, month, and town being all that is disclosed,) but eveo the circumstance in which he and one of the witnesses were concerned is totally disfigured to him, so as to lead him inevitably into error, unless he is well acquainted with the secrets of the Inquisition. Thus when the witness declares that the prisoner, in a certain confi- dential conversation held with him, made use * Orden de Procesar, fol. 4, MS, note. " It is always iDConvenient for the culprit to know that the witness has prejured himself, for which reason it is usual not to inform him of it.'* CHAP. IV.] INQUISITION UNMASKED. 227 of this or that expression, the inquisitors, accommodating the declaration to their own whim, roundly tell him that the witness heard him repeat this same proposition to another person, feigning that the conversation took place between three or more persons ; for in fact the expression amounts to this accord- ing to the common way of speaking, from which no tribunal ought to deviate, much less in summing up the proofs, unless its object is to authorize fraud and deceit.* This irre- gularity in the Inquisition is the more re- markable, because its original instructions prescribe, as a most essential point, that the * Compilacion de Instrucciones, n. 32. " In the notification the month and year in which the witnesses make their depositions are to be inserted, but if any in- convenience should result from inserting the exact day, it may be omitted, as the month and year will -Suffice, and this is frequently done with witnesses belonging to the prison. In like manner the notification is to mention the place and time where and when the crime was com- mitted, because it relates to the defence of the culprit; but the exact spot shall not be disclosed to him. And it is to be observed that, although the witness may depose in the first person, by saying that what he testifies of the cul- prit occurred to him personally, in the notification the whole shall be put down in the third, stating that he indi- vidually saw and heard what took place between the culprit and a certain person." q2 228 INaUISITION UNMASKED. [CHAP. IV. declarations of the witnesses shall be given to the prisoner in the most literal manner possible, which proves that it has not always acted wrong from a principle of ignorance. I omit making mention of the other mode used by the tribunal in examining the per- sons rejected by the prisoner, although they do not enter into the number of the wit- nesses, which is done in order to cover the latter in a better manner ; neither is it neces- cessary to say any thing of the custom of examining witnesses against the persons ex- cepted by the party.* I also omit noticing that the court even hides the circumstance of the death of those witnesses whom the prisoner may have named in his defence, in case they have died ; and disfigures by various ways that of their not having been found, when he had named them to prove his objections to the persons whom he presumes are his ene- mies.t What is most worthy of attention is the extreme difficulty to which he is exposed * Orden de Procesar, fol. 25. According to the author of the MS. notes, the Supreme Council of the Inquisition prohibited this abuse by an order of the 26th May, 1706 ; hut the iniquisjtors took no notice of this, since he speaks of the practice as being current, and quotes the above order as if astonished at its contravention. t Urdende Procesar, fol. 25, CHAP. IV.] INQUISITION UNMASKED. 229 in the establishment of his counter evidence, or those means he may have of proving that on the day and at the hour when the wit- nesses affirm he committed the crime he was at a different place from the one they assert. This difficulty amounts to an impos- sibility when they accuse him of having committed the crime within the prison, since the notification is made out under a date of a month previous to his confinement ; and in Portugal the antedate went as far back as five or six months, and the charge did not specify the town but only the bishopric, if the culprit did not before live in the same town.* The reason the inquisitors give for so sin- gular a procedure is that otherwise, as from the time of his confinement he had only held * Compilacion de Instrucciones, as above quoted. Regimento do Santo Officio de Portugal, lib. ii. tit. ix. n. 3. " Havendo alguma testemunha deposto contra o reo de culpa commettida no carcere do Santo Officio se Ihe fara publicagao della tomando o tempo cinco o seis mezes atras de sua prisao dizendo se que de tan to tempo a esta parte." And in lib. i. tit. vi. n. 23, we find these words : " E se as culpas forem commettidas no carcere nao sendo o reo morador na cidade nem havendo noticia certa que veyo a ella no tal tempo, dira (o promoter) que a culpa se com- metteo no arcebispado ou bispado em que rezide o Santo Officio." 230 INQUISITION UNMASKED. [cHAP. IV. intercourse with a certain number of persons, he would be enabled to devise the authors of the accusation. But, is it possible that they do not discover that according to this rule they are obliged to state the period when the culprit committed the offence under an anti- cipation of several years, when during all this time he has been a prisoner ; and that they must thus only express the kingdom when he is transferred from one province to another, or even Europe alone, or any other quarter of the globe, when, on being claimed, he is conducted from one kingdom to another ; and even the whole globe itself, if, as it pos- sibly may happen, he is conveyed from one of the four quarters to another. So certain is it that man if he once loses the proper equilibrium, no longer able to guide his steps, is precipitated from one abyss to another. The law, therefore, by which the Inquisition hides from the accused the names of his ad\'ersaries, thus neutralizing or de- priving him of the means of defence, and leaving him no other grounds than conjec- ture, must be pronounced barbarous in its substance as well as in its mode of application. , It was in consequence of this unaccount- able law that about the middle of the 16th CHAP. IV.] INQUISITION UNMASKED. 231 century the venerable professor Juan de Avila was nearly sacrificed. This virtuous man was usually called the Apostle of Anda- lusia, and it was to his preaching and advice that many of the persons then distinguished among us by their virtues were so much in- debted. Among these may be named Igna- tius of Loyola, Francis de Borja, John of God, Peter of Alcantara, and Teresa of Jesus, as well as the venerable Luis of Gra- nada, who also received from him lessons of sacred eloquence. He was accused of teach- ing various errors in his sermons, one of which was, that he closed the gates of heaven against the rich, and he was consequently seized by the Inquisition of Seville. Being near his condemnation, the inquisitors told him that his affair was now in the hands of God, meaning by this that his case was entirely hopeless; asking him at the same time and in the usual manner whethet- he suspected any one of bearing enmity against him. The tranquillity of mind, on the one hand, with which he answered them, that those might be his enemies who were offended with the truths of the gospel, and that his cause was never better than when in the hands of God 5 iind on the other, the great veneration in 232 INQUISITION UNMASKED. [CHAP. IV. which he was held throughout the whole kingdom, obliged the judges to make fresh and more minute investigations respecting his accusers and witnesses. By this means, and in an extraordinary manner, they ob- tained possession of a letter in which one of the latter exhorted a witness to keep firm to his declaration, in terms giving to understand that the accusation had been malicious. Thus did the venerable Avila escape ship- wreck, when another innocent man, divested of the same favourable circumstances, would have infallibly perished.* But however much this zealous priest might have sought to heighten the difficulty of a rich man entering into the kingdom of heaven, could he have used any thing stronger than the text of the Gospel, where Christ compares this same diffi- culty to that of a camel passing through the eye of a needle, even when by the word camel or J^StDJl (gctvila) as he must have pro- nounced it speaking in Chaldean, we are to understand, as appears ought to be the case, the rope made of the twisted hairs of that animal ? This evinces how easily calumny may catch hold of a word, and that even * Vide the Life of said Professor Avila, at the beginning t)f his works, book i. chap, vi. CHAP. IV.] INQUISITION UNMASKED. 23S supposing in tribunals silence is observed in other matters, in affairs of so delicate a nature as this publicity is indispensably necessary. And if this really is the case, what motives could have given rise to the introduction of so scandalous a practice into the Inquisition, as well as its retention for so long a period of time ? Has the necessity of maintaining religion been the plea ? Nothing could be more favourable to its enemies, and nothing could furnish them with more powerful arms to attack and discredit it than such a neces- sity if it were certain. Or has it been the indemnity of the accuser and witnesses ? A society whose laws are not sufficient for the protection of its members, and in which the latter are more powerful than the sovereign, is not deserving of that name. Or has the motive been a dread of the stigma attached to secret accusers ? The man who is justified by the law in private cannot be held as cri- minal before the public. How numerous have been the errors, and how great the evils which have arisen out of a false zeal for reli- gion ! The Inquisition, far from being ser- viceable to it by its mysterious proceedings, has rather resembled a second tribunal of Caiphas, in which Christ, as head of the 'is* INQUISITION UNMASKED. [cHAP. IV. Church, has suffered in his members what in the latter he endured in his person. And in truth, can any situation be imagined more like that of our Redeemer in the house of the above pontiff, when those his execu- tioners, after binding his eyes, struck, and then told him to guess who gave the blow, than the condition of an innocent man stand- ing before the tribunal of the Inquisition ?* * S. Matth. cap. xxvi. v. 68. " The Holy Tribunal," says the Filosofo Rancio, in his letter ii., " amply com- pensates to the culprits the injury they experience in being deprived of the defence they might establish by being allowed to state exceptions against the informer and wit- nesses. In the first place by the court ascertaining the character and reputation of the latter, and its searching out if they have against the culprit any probable cause of ill-. will." Before we proceed any further, I do not deny that the court will endeavour to find out what reputation the informer and witnesses enjoy in society, and I even think it is easy for it to ascertain the point ; but will it be equally easy to scrutinize with certainty, or even suspect, the odium or clashing of interests which possibly exist be- tween two persons, perhaps the greatest friends in their exterior ? — The Filosofo Rancio adds, " in the second place, it makes up to the culprits this injury, by not pro- ceeding to a personal arrest till the informers and witnesses have confirmed their depositions before two or more per- sons of respectability, and under all the precautions whicli human prudence will admit of in order to prevent decep- tion and surprise." — And I would ask, 0£ what service^ CHAP. IV.] INQUISITION UNMASKED. 235 By Voluntary Confession. — I call the confession made by the prisoner at the in- stance or through the suggestions of the would be two or more persons collected together in order to restrain or intimidate the calumniator who, before he resolved on the ruin of his rival, was aware he had to appear before some one ? And who will believe that this tribunal will take all the precautions dictated by prudence, when it disregards those which rigorous justice prescribes, and the universal consent of nations has confirmed. It is unnecessary to seek subterfuges and invent sophisms in order to defend a proceeding so absurd as that of the In- quisition in this particular. This is a blemish it would be impossible to hide or wipe away. All the exertions the court may take upon itself in favovir of the culprit will never make up for those of the culprit himself, of his ad- vocate acting in his name, and even those which his relations and friends might perform for him. The Filosofo then subjoins, " In the third place, it makes this injury up to them by combining and putting in practice the most severe penalties against calumniators." It would first be neeessary for the court to ascertain that they were of this stamp, and this is the precise point of difficulty ; for it is clear that by the combination of punishment calumny is not always avoided, since the Inquisition itself confesses having had to punish it. How many of these calumnies must not have occurred before this tribunal, but how seldom have the punishments taken place ? He thus concludes, *' In the fourth jind last place, this injury is compensated by an extraordinary value being attached to whatever ex- ception the culprit may insinuate when he hits upon and guesses the names of the informers against him." Well '236 INQUISITION UNMASKED. [ CHAP. IV. judge voluntary or spontaneous notwith- standing it partakes in a certain degree of moral coercion, in order to distinguish it from that which is obtained by means of the torture. These suggestions, from combining in them threats, and acting as a restraint on the will, have uniformly been reprobated by all codes except that of the Inquisition, which from the beginning to the end of the cause points out the confession of the pri- soner as the only means of safely extricating himself from his dilemma, or at least of suf- fering less. But this is not the only injustice he has to experience ; there is another and a still more remarkable one arising out of a deviation from the truth on the part of a tri- bunal that styles itself " Of the Faith." In order to prove this it will suffice to select then the exceptions alleged by the culprit when he guesses who the informers are, can be of such a nature as to be esteemed of an extraordinary value ? Yet the innocent man under the pressure of persecution, who may not have talent to hit upon his persecutor, in this tribunal becomes the victim of his own dullness ! The want of penetration consequently is another crime punishable therein. Most assuredly this is a novelty to me, for I had hitherto believed that it was not the simple man but the one possessed of talents whom the Inquisition has usually selected for the object of its fury. (CHAP. IV.] INQUISITION UNMASKED. 237 two of the ten stratagems used for this pur- pose, gilded over as they are by the name of precautions, as may be seen in the Directory of the Inquisitors, written about the middle of the 14th century, by the Dominican Ni- cholas Eymeric, Chief Inquisitor to the Crown of Aragon ; a masterly work, whose authority in the Inquisition may be compared to that of the Decree of Gratian in the other ecclesiastical courts : a work in short which has served as a model for all the regulations which have been in force in Spain, Italy, and Portugalj and as authority for all who have written on the subject. First Stratagem. — " When the prisoner has been impeached of the crime of heresy, but not convicted, and he obstinately persists in his denial, let the inquisitor take the pro- ceedings into his hands, or any other file of papers, and looking them over in his presence let him feign to have discovered the offence fully established therein, and that he is de- sirous he should at once make his confession. The Inquisitor sl^all then say to the prisoner, as if in astonishment ' And is it possible that you should still deny what I have here before my own eyes ?* He shall then seem as if he read, and to the end that the prisoner may 238 INQUISITION UNMASKED. [CHAP. IV. know no better, he shall fold down the leaf, and after reading some moments longer, he shall say to him ' It is just as I have said, why therefore do you deny it, when you see I know the whole matter V* In all this the author directs the judge not to enter too minutely into the particulars of the fact for fear of his erring in any of the circumstances^ and lest the prisoner should discover the fiction.* Second Stratagem. — " When the inquisi- tor has an opportunity, he shall manage so as * Eymeric, Director. Inquisitor, part iii. n. 102. " Si vi' deat inquisitor hcereticum, vel delatum nolle detegere verita- tem, et scit eumper testes non esse convictum, et secundum in- dicia videtur eidem esse vermn quod deponitur contra euniy accipiat processtim^ et revolvat euin, et post dicat ei : Clarum est quod non dicis verum, et quod ita fuit sicut dico ego : di- cas ergo veritatem 7iegofii dare, sic ut ille credat se convictum esse, et sic apparere in processu. Vel teneat in manu tenant cedulam seu scripturam, et quando delatus sen hcereticus in- terrogatus negahit hoc vel illud, inquisitor quasi admirans di- cat ei : Et quomodo tu potes negare ? Nonne clarum est mihi? Et tunc legat in cedida sua, et pervertat earn, et post dicid : Ego diceham vcrum. Dicas postquam vides me scire. Ca- veat tamen inquisitor quod non tantum descendat ad specient dicendo se scire negotium, quod hcereticus cognoscat quod ipse ignorat ; sed stet in genere dicendo : Bene scitur ubi Juisti^ et cum quo, et quo tempore, et quid dixisti ; et tangat sibi ali- quod certum, quod scit ita esse ; de aliis autem in genere loquatur." 5 CHAP. IV.] INQUISITION UNMASKED, ' 233 to introduce to the conversation of the pri- soner some one of his accomplices, or any other converted heretic, who shall feign that he still persists in his heresy, telling him that he had abjured for the sole purpose of es- caping punishment by deceiving the inquisi- tors. Having thus gained his confidence, he shall go into his cell some day after dinner, and keeping up the conversation till night, shall remain with him under pretext of its being too late for him to return home. He shall then urge the prisoner to tell him all the particulars of his past life, having first told him the whole of his own ; and in the mean time spies shall be kept in hearing at the door, as well as a notary, in order to certify what may be said within."* Thus is * Eymeric, Director, Inquisit. part iii. n. 107. " Haieat inquisitor unum de complicibusy seu alium vere ad Jidem conversum, et de quo bcjie confidere possit illi capto non ingratum, et permittat ilium hitrarcy et Jaciat quod ille loquatur sibi ; et si opus Jiient Ji7igat se de secta sua adhuc esse, sed metu abjurasse, vel veritatem iiiquisitori prodidisse, Et quum hcereticus captus confiderit in eo, intret quodam sero protrahendo locutiones cum eodem, et tandem Jingat nimis esse tar de pro recessu, et remaneat in car cere cum eodem, et de node pariter colloquantur, et dicant sibi mutuo quce commiserunt, illo, qui superintravit, inducente ad hoc captutn ; et tunc sit ordinatum, quod stent extra carcerem in loco congruo explo' 240 INQUISITION UNMASKED. [CHAP. IV. it, and with so little shame, that Inquisitor Eymeric explains himself. That the Inquisition, in order to criminate its enemy and obtain possession of his pro- perty, should be thus wanting to the truth in some points which reciprocal confidence and justice ordain us to respect, — that it should seek to authorize by public faith an act in which the minister to whom the same is entrusted only intervenes out of doors and without seeing the persons to whose conver- sation he is to certify, — is not so astonishing when human frailty is considered ; but that religion should be formally belied, and this by a regulation for that purpose enacted, is a sacrilege almost unheard of. Whilst the panegyrists of this institution, who boast of being theologians, extricate themselves from from this dilemma, the liberal and philoso- phical ought to rejoice to see that every thing hitherto w^ritten against it is not only true but also moderate, notwithstanding its advo- cates attribute all to a spirit of heresy and libertinism. Don Manuel Abad y Lasierra, the last Inquisitor General but one, and also Archbishop of Selimbria, a person by no rantesy eos aiiscultantesy et verba colUgenteSj et si opus Jiierity notarius cum eisdem.^* «HAP. IV.] INQUISITION UNMASKED. 241 means prejudiced, and for that reason not liked among those of his own cloth, speaking of the ease with which an innocent may be entrapped in the snares of this tribunal, used to say that he had never feared the In- quisition till he had been made Inquisitor Ge- neral. What therefore must have been the nature of this tribunal in all its force and. vigour, when such was the idea of it whilst now in a state of decrepitude ! What justice or humanity therefore can be expected from a tribunal which so basely and systematically tramples on both ? Can its sentiments of religion be called true, when their profanation is thus sacrilegiously autho- rized ? Is there any one yet so blind as not to discover that an institution in which such iniquitous acts are ordered and executed must be the work of fanaticism ? Methinks I see this monster, this proud and haughty rival of religion, its head tressed with ser- pents, its eyes red and fiery, its lips covered with bloody froth, and muttering words indi- cative of the rage that devours its entrails, with one hand raising the wood of the cross as if to assemble the nations of the earth, but in reality to feed the flame of discord which it carries in the other. Such methinks I behoM VOL. I. R 242 INQUISITION UNMASKED. [CHAP. IV. it, as on the dark and dismal day when the Inquisition was established in Tholouse, and calliner on all the violent and obdurate feelinss of the heart as its inseparable companions : methinks I hear it issue the same orders that Tasso's Pluto gave to his infernal satellites when he opposed the conquest of the Holy Land by the Christians. ** Ma perche plu v' indugio ? Itene, o miei Fidi consorti, o niia potenza e forze. Ite veloci, ed opprimete i rei, Pria che '1 lor poter piu si rinforze, Pria che tutt' arda il regno degli Ebrei, Questa fiamma crescente omai s'ammorze; Fra loro entrate, e in ultimo lor danno Or la forza s'adropri, ed or I'inganno." But wherefore thus your well-known zeal detain ? Go faithful peers and partners of my reign. My pride and strength ! our hated foes oppress, And crush their empire ere its pow'r increase ; Haste (ere destruction end Judaea's name) And quench the fury of this growing flame; Mix in their councils, fraud and force employ, With ev'ry art industrious to destroy. The same reasons might also be alleged by the partisans of the Inquisition in favour of their conduct, as were used in defence of his own by Hidraotes, the Mussulman CHAP. IV.] INQUISITION UNMASKED. 24S magician, when executing the designs of Pluto. Per la fe — il tutto lice * For the faith — all things are lawful. Confession exacted by means of Tor- ture. — When I reflect on the use of tortures formerly admitted into almost all tribunals, in order to extort from culprits the confession of their crime, or, in other words, to oblige them to pronounce their own sentence of condemnation, I am inclined to forgive those public writers who have doubted whether men have gained or lost most by uniting in society. Savage must have been the man who first projected, and still more so who dared propose, among civilized nations the adoption of a judicial test so cruel and falla- cious as this. Had we not ourselves reached those unfortunate times in which this abomi- nable practice was still in use, we should scarcely have believed it had ever existed j nor will it be credited by future ages, not- withstanding it is attested by history, and sealed in the blotted annals of our national legislation. But it is a fact which the living themselves have witnessed : the torture has * Torquato Tasso, '* La Gerusaleme Liberata/' cant. iv. stanza 16. r2 244 INQUISITION UNMASKED. [CHAP. JV. been in practice in our own tribunals, and the plaintive cries extorted by pain have been taken for the accents of undisguised truth. We ourselves have been exposed to the rigour of this most vile and atrocious of all inventions. Yet since the ordeal by torture is now condemned in every quarter where human blood is valued, and where justice, through the aid of science, has again returned to the right path, from which it had been drawn by our too servile imitation of the ancients ; it would be to no purpose to accumulate fresh reasons to prove its iniquity and want of efficacy. Among the ancients nevertheless some are to be found who cried out against it, so that instead of common prejudice it was rather sustained by that fatal spirit of servile imitation which upholds every thing bad, es- pecially when recommended by the sanction of a legislator. Maturely ought a law to be considered before it is admitted into the code, above all in criminal matters.* Confining myself therefore to my more immediate * The use of the torture was impugned, though in a cur- sory manner, by Cicero, Quintilian, St. Augustin, and Ulpianus. Several of our own authors have also reproved it, and for this reason their names ought to be remembered CHAP. IV.] INQUISITION UNMASKED. 245^ object, it will suffice to say, that the acts of other tribunals, intended to wrest from the mouth of the culprit the confession of his offence by means of the torture, have not been less unwarrantable and tyrannical in general than those of the Inquisition in par- ticular, applied, as they have been, under pretext of changing his opinion through the medium of coercion. Both seem to have been ignorant of the true impulse of the human heart, and have clearly proved that the passions by which they were ani- mated were of all others least adapted to promote public happiness. It was only among slaves, and amidst the ignorance and ferocity of the primitive ages, that the torture could have been tolerated ; when by a shame- ful degradation of the human species, men were scarcely held in any other light than as beasts ; nor could it ever have been extended to the citizen but where the power of the Caesars had no barriers to its lawless and un- bridled scope. Since then the torture may be considered as the double effort of barbarity and despot- with gratitude. Among them are Luis Vives, in the ] 6th century ; and in the last, Father Feijoo, and nlso Don Jose de Acevedo and Don Manuel de Lardizabal. 246 INQUISITION UNMASKED. [CHAP. IV. ism leagued against suffering humanity, it may easily be concluded that it was received with open arms by the Inquisition. Tena- cious in its system of oppression and ven- geance, no other tribunal has surpassed it in severity, whether we consider the quality of its torments or their duration. No form of judicial excruciation, in fact, has been too much for it : on the contrary, all the other tribunals in the midst of their horrors and ignominy might have furnished it with lessons of sensibility. It is not my intention in this place to describe any other kinds of torments than those in usual practice, and which, for this reason, are recorded by the authors who have explained the mode of process used in this institution. The matter is too painful and too disagreeable to admit of any other than the most necessary details ; nor shall I heighten the subject by any forced colour- ings, since the simple narrative of the facts alone must make the writer and the reader equally shudder. I ought however to pre^ mise, that no deprecation or protest in favour of the culprit precedes the torture, as is the case before his final execution ; nor, as in the latter stage, is its infliction given in charge to the civil magistracy, but executed CHAP. IV.] INQUISITION UNMASKED. 247 by the inquisitors themselves. During the operation, the bishop of the diocess jointly presides with them, he being on this occa- sion called upon to exercise this first act of his jurisdiction.* I call this the first act of jurisdiction exer- cised by the diocesan, because in fact the Inquisition does not require his presence during all the process of the summary judg- ment ; as if in matters of faith he possessed no jurisdiction whatever, notwitstanding the issue of the cause entirely depends on the grounds established in the preliminary proceedings. He is for the first time invited to assist at the sentence of the torture and its infliction ; and why all this ? Such an infringement in appearance might be held as just and reasonable, but its result has been to degrade and vilify the episcopal authority still more. In Spain it was formerly sufficient for one or two inquisitors to be present at the administration of the torture, as has always been the case in Italy, and it even appears that some of them, whose feelings beyond doubt would not allow them to behold with their eyes what they had not hesitated to order and authorize by their * Cooipilacion de Instrucciones, n. 48. 248 INQUISITION UNMASKED. [cHAP. IV'. signatures, gave this commission to another ; but it was afterwards regulated that at least two inquisitors were to assist thereat besides the delegate of the diocesan bishop.* How- ever as nothing evinces in a stronger manner the idea the inquisitors themselves had of the atrocity of the torture, and the danger thereby incurred by the culprit, than the very form of the inflictive sentence, it may be proper to insert it in this place in its exact words. SENTENCE OF THE TORTURE. . " Christi nomine invocato. We hereby or- dain, after due examination made of the proceedings of said trial, as well as of the inferences and suspicions which thence result against the said N., that we ought and hereby do condemn him to be interrogated under the torture/' (some judges here expressed the kind it was to be) " on which we com- mand that he be placed, and thereon remain for such time as to us may appear fit, in order that he may declare the truth of what is attested and alleged against him, under the protest we now nuike against him ; that if during the said torture he should die, * Compilaciou cle Instrucciones, n. 48. CHAP. IV.] INQUISITION UNMASKED. 249 should be maimed, or any effusion of blood or mutilation of members should thence ensue, the blame and charge thereof shall rest on himself, and not on us, for having refused to confess the truth. And by this our sentence we decree and command the same to be done, by virtue of, and in con- formity to, the tenor of these presents.'* — (Here follow the signatures of the judges, &c.*) When the culprit was of opinion that the inferences against him did not amount to a semi-plenary proof, such as was requisite for the sentence of the torture, he was allowed to appeal to the Council of the Supreme ; and also to remonstrate with the inquisitors themselves, whenever any infirm- ity or the delicacy of his constitution made him unable to endure it. In the first case the appeal was granted when sufficient rea- sons had been alleged, but the original proceedings were forwarded to the Council under the greatest reserve. In the second, an examination of physicians is ordained, and, on the culprit's statement being found correct, a lighter torture was substituted for the ordinary one, or this was administered * Orden de Procesar, fol. 28. 1 250 INQUISITION UNMASKED. [ CHAP. IV. with less rigour. But would the inquisitors readily admit of an appeal against a measure which they themselves had instituted ? Sel- dom indeed, or never, was the prisoner able to establish his plea so as to obtain the benefit of an appeal; since, in order to refuse it, nothing more was necessary than for the judges to be satisfied that their measure was correct.* Even in Portugal the proctor was allowed to appeal if he believed that the latter acted with too much indulgence.t Three kinds of torture have been generally used by the Inquisition, viz. the pulley, rack, and fire. As sad and loud lamentations ac- companied the sharpness of pain, the victim was conducted to a retired apartment, called the Hall of Torture, and usually situated under ground^ in order that his cries might not interrupt the silence which reigned throughout the other parts of the building. Here the court assembled, and the judges * The Compilation of Instructions, n, 50, uses the following words : " In case the inquisitors are satisfied with the legal appearances of guilt resulting from the proceedings the sentence of torture becomes justified, the appeal is deemed frivolous, and they are to proceed to its execution without any loss of time." t Regimento do Santo Officio de Portugal, lib. ii. tit. xiv. n. 3. CHAP. IV.] INQUISITION UNMASKED, 251 being seated, together with their secretary, again questioned the prisoner respecting his crime, which if he still persisted to deny they proceeded to the execution of the sentence. This first torture was performed by fixing a pulley to the roof of the hall, with a strong hempen or grass rope passed through it. The executioners then seized the culprit, and leaving him naked to his drawers, put shackles on his feet, and suspended weights of 100 pounds to his ancles. His hands were then bound behind his back, and the rope from the pulley strongly fastened to his wrists. In this situation he was raised about the height of a man from the ground, and in the mean time the judges coldly admo- nished him to reveal the truth. In this posi- tion as far as twelve stripes were sometimes inflicted on him, according to the inferences and weight of the offence. He was then suffered to fall suddenly, but in such manner that neither his feet nor the weiglits reached the ground, in order to render the shock of his body the greater.* (Vide Plate IV.) * Orden de Procesar, fol. 29. — Suarez de Paz, Praxis, torn, i. part v. cap. iii. — The statement or report which the secretary is to draw out, according to the marginal " 4 252 INQUISITION UNMASKED. [CHAP. IV, The torture of the rack, (vide Plate V.) also called that of water and ropes, and the one most commonly used, was inflicted by stretching the victim, naked as before, on his back along a wooden horse or hollow bench with sticks across, like a ladder, and prepared for the purpose. To this his feet, hands, and head were strongly bound, in such manner as to leave him no room to move. In this atti- tude he experienced eight strong contortions in his limbs, viz. two on the fleshy parts of the arm above the elbow, and two below, one on each thigh, and also on the legs. He was besides obliged to swallow seven pints of water, slowly dropped into his mouth on a piece of silk or ribbon which, by the pressure of the water, glided down his throat, so as to produce all the horrid sensations of a person who is drowning.* At other times his note of the Order of Process, is the following: " He shall set down in what manner they ordered the culprit to be stripped naked, how they put irons on his legs, as well as the weight or weights ; and the same shall also specify in what manner he was raised up, how many times, and the length of time he was suspended at each." * Orden de Procesar, fol 29. — Suarez de Paz, Praxis, torn. i. cap. v. part iii. — The statement to be drawn up, according to a marginal note of said Order of Process, is as follows : « He shall set down in what manner they ordered CHAP. IV.] INQUISITION UNMASKED. 253 face was covered with a thin piece of linen, through which the water ran into his mouth and nostrils, and prevented him from breath- ing. Of such a form did the Inquisition of Valladolid make use, in 1528, towards Licen- tiate Juan Salas, physician, of that city.* For the torture by fire the prisoner was placed with his legs naked in the stocks, the soles of his feet were then well-greased with lard, and a blazing chafing-dish applied to them, by the heat of which they became per- fectly fried. When his complaints of the pain were loudest a board was placed between his feet and the fire, and he was again com- manded to confess ; but this was taken away if he persisted in his obstinacy. This species of torture was deemed the most cruel of all ; but this, as well as the others, were indis- his arms to be bound, the number of turns given to the rope, how they ordered him to be extended on the horse, and to have his legs, head, and arms bound, and in what manner this was done ; how they commanded and appUed the screws, how these were tightened, and whether against the leg, thigh, arms, &c. He shall further write down what was said on each of these occasions ; and how the piece of silk was put into his throat, how many jars of water were poured down, and what each one contained." * Llorente, Anales de la Inquisicion, cap. xvi. n. 119. 254 INTQUISITION- UNMASKED. [cHAP. JV. tinctly applied to persons of both sexes, at the will of the judges, according to the cir- cumstances of the crime and the strength of the dehnquent.* (Vide Plate VI.) The torture by fire, however, does not appear to have been much in use except in Italy, and this when the culprit was lame, or through any other impediment prevented from being suspended by the pulley. In the latter countries also other lesser tortures were used with persons unable to withstand those already described. Such were that of the dice, of the canes, and of the rods. For the first, the prisoner was extended on the ground, and two pieces of iron shaped like a die, but concave on one side, were placed on the heel of his right foot, then bound fast on with a rope, which was pulled tight Avith a screw. That of the canes was performed by a hard piece being put between each * Massini, Prattica della Santa Inqviisizione, part vi. The statement to be written down, according to this inquisitor, is as follows : " Qui reus sic siippositus (IoY' ■tnento hujiismodi) nudatis pedibus illisqiie lardo porcino inundis, et in cippis juxta ignem validum retentis, quum stetissit per spatium — ; in dido tormento tacitiis, ccepitpostea alta voce vociferando dicere " Oi me!'' SfCy—et quum vidcretur magnum dolorem sentirCy D.D. mandaverunt apponi tabu- CHAP. IV.] INQUISITION UNMASKED. 255 finger, bound, and then screwed as above. That of the rods was inflicted on boys who had passed their ninth year, but had not yet reached the age of puberty, by binding them to a post, and then flogging them with rods.* The duration of the torture, by a bull of Paul III., could not exceed an hour j and if in the Inquisition of Italy it was not usual for it to last so long, in that of Spain, which has always boasted of surpassing all others in zeal for the faith, it was prolonged to an hour and a quarter.! The sufferer, through the in- tensity of pain, was sometimes left senseless, for w^hich case a physician was always in attendance to inform the court whether the paroxysm was real or feigned ; and according to his opinion the torture was continued or suspended.^ When the victim remained firm * Massini, Prattica delia Santa Inquisizione, part vi. t Orden de Procesar, fol. 28, note MS. « In the Inqui- sition the torture is generally administered in the morning. Letter of the Supreme Council, of 23d Sept. 1671, to the tribunal of Llerena, in tlie case of Ann Lopez. It is usual for it to last an hour and a half." J The statement or report made on this occasion, ac- cording t© Massini, Prattica della S. Inquisizione, part vi, is as follows : " Qui reus sic depositus^ et super sede lignea accomnodatus, quum licet pluries interrogatus, commotus. 256 INQUISITION UNMASKED. [cHAP. IV. in his denial, and overcame the pangs in- flicted on him, — or when, after confessing under them, he refused to ratify his confes- sion within twenty-four hours afterwards, — he has been forced to undergo as far as three tortures with only one day*s interval between each.* Thus, whilst his imagination was still filled with the dreadful idea of his past suffer- ings, which the Compilation of Instructions itself calls agony, his limbs stiff and sore, and his strength debilitated, he was called upon to give fresh proofs of his constancy, and again endure the horrid spectacle, as well as the repetition of excruciating pangs ; tending to rend his whole frame to pieces. t The persons charged to inflict these cruel operations were generally the servants of the et quassafus responsxim non daret, nee in animum recliret, immo semimortui imaginem prce &e ferret, D.D. mandaverimt in ejus Jaciem aquam frigidam guttatim inspergi, vel ejus Ji'ontem, et tempora, et nares, et guttur aceto rosacea made' fieri, vel nares ipsiits sidphwe, ant peiiis lineis accensis siifficmigari,'' Sfc. * Massini, Prattica della S. Inquisizione, part. vi. + Compilacion de Instrucciones, n. 49. By them it is forbidden to suggest any answer to the culprits, and only to command them to speak the truth, •' because under such an agony," these are the precise words, " they say any thing they are reminded of.'* CHAP. IV.] INQUISITION UNMASKED. 257 gaoler, as may be seen from the regulations of the Inquisition of Portugal, as well as the executioner and public cryer.* However as this institution was formerly under the charge of the Dominicans, and of late years also in Italy, it is probable that the lay-brothers were selected to inflict the torture ; parti- cularly as the Inquisition was usually con- tiguous to their convents, with which they communicated by a secret door and passage. I am the more induced to believe this cir- cumstance, owing to the great secrecy with which the inquisitors carried every thing on. and because by services of this nature the lay-brothers, far from being dis- honoured, considered they were doing acts acceptable to God. At least this must have been the case with regard to those culprits who were ecclesiastics ; since Pena, on the authority of Simancas, says that they are to be tortured by persons of their own profession, and that it was only when those of the latter description could not be found willing and capable of doing it that seculars were to be called in.t In the * Regimento do Santo Officio de Portugal, lib. ii, tit. xiv. n. 2. t Pena, Ad Director, part iii. com. xc. These are his VOL. I. S 258 INQUISITION UNMASKED. [CHAP. IV. vocabulary of these canonists what is it they could have understood by ecclesias-- tical meekness? When neither persuasions, threats, nor arti- fices were sufficient to force the culprit, truly or falsely, to confess his delinquency, the inquisitors thus recurred to the torture, mix- ing even this deception with severity; for, besides threatening the prisoner to make his pangs last for an indefinite period of time, in order to inspire him with greater terror, they made him believe, after he had borne them for the usual and fixed period, that they only suspended their continuation be- cause it was late, or for some other similar reason ; they protesting at the same time that they did not deem him sufficiently tor- tured.* By this protest they avoided giving words : " Clerici 7ion dehent torqueri a tortore laico, nisi Jbrte clerici non possint inveiiiri, qui id facere velint, out sciant.'* * The statement or report which the secretary is to draw up at the conclusion of the torture, according to the Order of Process, fol, 25, is under the following form : " And then the inquisitors and diocesan bishop agreed that, in consequence of its being late, as well as for other reasons, they suspended for the present the said torture, under a protest that they had not sufficiently tortured the «ulprit, and that, if he did not reveal the truth, thej CHAP. IV.] INQUISITION UNMASKED. 259 a second Sentence when they returned to inflict the torture afresh, since they consi- dered it as a continuation of the preceding one ; by which means they were able to torment the victim as often as they thought proper, without formally coming to the second torture. So indecent and iniquitous did this conduct of the Inquisition appear to Martin del Rio that, notwithstanding his great prejudices in favour of the institution, he reproves it in the strongest manner by observing, that it seemed to him " to be rather the work of cunning than of truth, and rather the invention of cruelty than of jus- tice.'* " It is indecorous," he adds, " to refine cruelty by such tricks. Of what avail is it to give the name of continuation to what in reality is a reiteration ? And what a most terrible thing is it not, to prolong a torture for several days ? Let similar deceptions be no longer seen in judges who call themselves pious." * Finally, the Supreme Council was reserved to themselves the right of continuing it when it should seem proper to them; — and it was thus or- dered," &c. * Martin Delrio, Disquisition. Magicar. lib. v. sect, ix, ''' Videtitr mihi" he says, " ccdlidior quam serior, (this protest) d crudelior q^uam cequior. Nee cnini decct,^^ he S 2 260 INQUISITION UNMASKED. [cHAP. IV. at last moved by the cries of humanity, and prohibited a repetition of the torture unless a fresh consultation or sentence of the court preceded.* Thus, whilst the unfortunate victim, melted in tears at the sight of the horrors by which he is surrounded, bewails his miserable fate,— or, phrenzied with the force of fury, in vain calls all nature to his aid, and invokes the name of its author ; whilst his passions are alternately irritated and then depressed into- a desponding calm, — at one time protesting his innocence and next calling down impre- cations on his tormentors' heads; in short, whilst his body is shaken by the most violent convulsions, and his soul racked, f.r&t by the dread of the sentence that awaits his con- fession, and then by the protracted intensity of the pain he has still to endure if he per- sists in his denial, — his inexorable judges, unmoved by such a scene, with the coldest adds, ** hnjzismodi verhoruyn captiuncuUs scevitiam intenderr. Quid prodest vocare continuationem, quod revera est iteratio? Quum durum etiam est per coniinuatos dies quastionem exercere! Absint a pits judicibus h(jusmodi commmita." * Orden de Procesar, fol. 28. note MS.— The Letter of the Council to which this note refers is of the 26th October, 1633. OHAP. IV.] INQUISITION UNMASKED. 261 -cruelty mix their orders with his cries and lamentations ; at one time addressing them- selves to him to exhort him to reveal, and next to their officers to remind them of their duty. In the mean time^ \yith the same serenity, the secretary pens down every sigh, groan, and execration, which the force of the torment obliges the wretched and frantic vic- tim to utter.* This minute statement of every thing the person tortured said or did usually began from the very moment the tribunal was formed in the subterraneous vault, and the preparations were ready. Thus in the pro- ceedings against Salas, above quoted, the report says that whilst enduring the torture he repeated the creed of St. Athanasius, (therein ignorantly called a psalm) and that he continued to give thants to God and to the Virgin. The legislators who originally authorized this mode of trial at least had the equity to pronounce all inferences of guilt as thereby * Orden de Processar, fol. 29. — Massini, Prattica della Santa Inquisizione, part vi. " E procureranno,'' he says, •** i giudici che il notaro scriva non solamente tutte le reposte del reo, moa anco tutti i ragionamenti e moti che fara e tutte le parole ch'egli proferira ne' tormenti, anzi tutti i suspiri, tutte le grida, tutti i lamenti e le lagrime che mandera." 262 INQUISITION UNMASKED. [cHAP. IV. wiped away, and dismissed the sufferer who persevered throughout in his denial ; but the Inquisition condemned him to perpetual im- prisonment ; and when this was out of use,, in consequence of the number of persons penanced, it sent him to the galleys for four or six years.* Consequently the unfortunate culprit, perhaps wholly innocent, often en- tirely disabled by the writhings of his muscles and the dislocation of his bones, caused by the shocks of the pulley, — crippled by the compression of his breast and other accidents of the rack, or maimed by the contraction of his nerves through the operation of fire, — was after all this obliged to endure the infamv of beincr mixed and confounded with the vilest wretches. The Inquisition has uniformly adopted the vices of all other tribunals, and even added lo them ; but in the torture it has astonish- ingly surpassed them in rigour and cruelty. In the first place it originally invented new modes of inflicting it, respecting which, on * Compilacion de Instrucciones, n, 54. Mention is tliere made of this extraordinary punishment; the Supreme Council designated the one I have just pointed out by a resolution of 29th March, 1608.— Orden de Procesar, iol.30, note MS. CHAP. IV.] INQUISITION UNMASKED. 263 several complaints being made, a prohibitory article was framed under a project of reformj as we shall hereafter have occasion to notice. In the second, not content with obliging the culprit to confess his crime and reveal his accomplices, it also forced him to manifest his very intention ; so that, when he had confessed every thing that could enter into the cognizance of a court, he was again subjected to the pangs of the torture, till he had declared himself to be as bad before men as his judges supposed he was before God.* But there was another practice still more inhuman. Whenever the culprit, from an impulse of repentance, at once confessed his intention and revealed his accomplices, the torture was nevertheless inflicted on him * Orden de Processar, fol. 27, " Torture is to be applied upon him, whether it is for things he has done or said, or on account of his intention, in case he should deny it, or for secreting accomplices." — Massini also, in his Prattica della Santa Inquisizione, part vi. " Si el reo a sua istanza deposto della tortura confesserd iljatto, dovra anco successivamente interrogarsi sopra VintenzionCy e ne- gando esso la mala credulita si esorti a confessar la verita ; e persistendo si minacci che di nuovo sera alzato in tortura, e perseverando pure nella negativa, in ogni modo sijaccia di nuovo alzarcy e nella tortura s'interroghi sopra I'inten- zione, et il tutto si eseguira,'" Sfc. — Regimen to do S. OfBcio de Portugal, lib. ii. tit. vii. n. 1. 264 INQUISITION UNMASKED. [CHAP. IV. in case any of the latter denied being such, in order to see whether he persisted in his declaration ; nor was his ready confession and repentance of any avail, since he was equally put to the torture after confession, the same as if he had persisted in his denial.* In this particular the Inquisition, with regard to the citizen, has imitated the conduct of the old Roman magistrates towards slaves; who gave no credit to their testimony in judicial cases unless their declarations were made under the anguish of the torture, con- ceiving that in no other manner they could speak the truth ; a conduct so horrid, and at the same time so heinous, that the most san- guinary of the Emperors dared not to adopt it, not even those who were most opposed to the rights and liberties of the people. It will not be improper to observe, that this tribunal, as it rather sought criminals than crimes, lost no opportunity of impli- cating the accuser and witnesses in the same cause, even so far as to interrogate them under the torture, when they did not declare enough^ or were caught in any contradiction. t If this circumstance, as well as that of the * Massini, Prattica della Santa Inquisizione, part vi, f Ibid, part x, CHAP. IV.] INQUISITION UNMASKED. 265 Inquisition searching out the particulars of the lives and habits of all of them, had only been known to the people, most assuredly there would not have been so many denun- ciators. This would have been a most excellent lenitive to appease the qualms of conscience of many devotees ; who, seeing the dangers that awaited them, would here have found an outlet to their scruples and doubts which the strongest arguments could not have produced ; and they would then have learnt to conciliate the authority of the law with charity towards their neighbour and safety to themselves. But these, as well as other points which, if they had only been known, would have prevented many and great acts of injustice, the Inquisition took good care to keep perfectly secret, whilst at the same time it celebrated its excom- munications with the ringing of bells. Besides the evidence, by writings, by witnesses, and by the free or constrained confession of the culprit, on all which the fiscaj-proctor founds his accusations j in for- mer times another species of proof was like- wise made use of, to which the name of Compurgation was given. This consisted in compelling the prisoner to justify his conduct 266 INQUISITION UNMASKED. [CHAP. lY. and clear the suspicions against him, by obtaining the testimony of persons of res- pectabihty and probity; who, in greater or lesser number, affirmed under oath that they believed him to be a true Catholic, and, for that reason, free from the suspicions of heresy imputed to him. It suffices to know that in this tribunal another species of trial was practised, for us to fear that it was also a new source of injustice. Such, in fact, the process of Compurgation was ; for any one was subjected to it against whose belief the smallest rumour had been circulated, even when this had arisen out of the worst of characters, and proved to have been dissemi- nated by his enemies.* But this was not the worst. When a person thus defamed was unable to find suitable testimony in his favour, possibly in consequence of the dan- gers accompanying such a proceeding in the Inquisition, he was condemned as a contu- macious heretic. To this doctrine, although taken from the Directory of the inquisitors, its commentator Peiia was by no means reconciled ; because he considered it too ar- bitrary and cruel. Eymeric, however, founds it on certain decretals, but whether correctly * Eymeric, Director. Inquisitor, part ii. quaest. Ivii. ClIAP. IV.] INQUISITION UNMASKED. 26? or not I am unprepared to say; nor is it necessary to ascertain the point, since, for my object, it is sufficient to know, that whenever the canon-law fails in its harshness against heretics, or against catholics accused of being such, in those cases, the Inquisi- tion makes up the deficiency by its own interpretations.* DEFENCE OF THE CULPRIT. If the excess with which a tribunal urges the evidence adduced against a culprit ar- gues a want of interest in his defence, it cannot be denied that the means of vin- dication granted by the Inquisition were extremely small. Besides this circumstance being notorious therein, as well as that of hiding from him the witnesses, there were others highly deserving of notice, which powerfully tended to confirm the same truth. Such was that of selecting an attorney for the prisoner who was not possessed of his confidence, with whom he was not allowed to communicate unless before witnesses, as well as before a notary, who was to certify * Eymeric, Director. Inquisitor, part iii. n. 1^5. — Peiiaj com. xxxviii. ^68 INQUISITION UNMASKED. [CHAP. IV. all the particulars of his conferences. Such was that of the prisoner's attorney not being permitted to consult with any person respect- ing doubts that might occur to him, or to take a copy or memorandum of the proceed- ings, or even to speak of them out of the court. Such, in short, was that of with- holding from the prisoner a copy of the proceedings and of his defence ; by which he was denied the consolation of knowing, before his sentence was carried into effect, whether the exceptions and arguments pro- duced on his behalf had been duly stated and considered, or whether any thing sub- stantial had been omitted.* Above all, the * Compilacion de Instrucciones, n. 35. " No oppor- tunity shall at any time be given for the prisoner to com- municate with his advocate or any other person, unless it is in presence of the inquisitors and the notary, who may certify to what passed." — n, 36. " The advocates are not to retain any copy of the statement of accusation, file of proceedings, nor of the exceptions made against the witnesses ; on the contrary, they are bound to return all to the inquisitors." — Orden de Procesar, fol. 26. " It Avas reported to him, that the defence he had solicited, and which it was possible and proper to make, had been received ; and for this reason, if he was desirous to con- clude, he could do it, and that if he wished any thing further he was to say it." Added in the margin : " It is not proper to read the defence to him, nox to givp CHAP. IV.] INQUISITION UNMASKED. 269 injustice of the Inquisition has been glaring and unpardonable in three cardinal points, which constitute the defence of the accused ; such are the recusation of the judges, the appeal, and the intervention of the civil power. Let us briefly examine each of these points in a separate manner. Recusation of the Judges. — Whenever the culprit has substantial reasons to apprehend that any or all of his judges are liable to be biassed by any hatred or resentment against him, the laws grant him the faculty of recur- ring to a superior court, in order to claim the nomination of others of whose probity no fears can be entertained. It is indeed true that this practice exists in the Inquisition, but it is enforced with the greatest difficulty and only in very extraordinary cases, because the inquisitors conceive they have a right to be considered so upright and prudent as scarcely to admit of being recused.* With- him an official copy of the same, although he may require it." * Paramo, De Ordine Judiciar. S. Offic. lib. iii. Quasst, ir. n. 55. " Tamen/uec (motives of complaint) nonproce- dunt, nee habent locum regulariter in inquisitoribiis Jidei^ quum hi velut suspecti recusari non possint; is enim (in' quisitorj gravissimtis, cBquissimus^ probatissimus, et pruden- tissimus eligi prcESumiticr.'* 270 INQUISITION UNMASKED. [CHAP. IV. out entering into the reasons these judges may have to boast of being better men than those of other tribunals, it is undeniable that the culprit would gain little by recusing them, since the summary judgment previously substantiated by them and by virtue of which he had been arrested is, if we may so call it, the prototype of, or what gives the tone to, the final sentence. Appeal. — If in any tribunal powerful reasons can be found for granting to the culprit, condemned in the first instance, an appeal to a superior court, it is most un- doubtedly in the Inquisition. The illegality which in this species of trial abounds on every side calls aloud for many judges to in- terfere in the ruin of the unfortunate, under a hope that humanity may effect in them what justice had not performed in those who orginally traced out this institution. Never- theless the canon-law is explicitly opposed to an appeal, nor is any other known in this tribunal, unless relating to the sentence of torture, and even in this a palpable contra- diction is discovered ; * since if sufficient reasons have been found for the appeal in the * De Haeret. cap. ut Inquisition, in vi. — ^Eymeric, Di- reccor. Inquisitor, part iii. Quasst. cxvii* CHAP. IV.] INQUISITION UNMASKED. 271 irreparable injury resulting from the torture, why is the prisoner denied the same remedy with respect to the conclusion of his cause, when the evil that threatens him is so much the greater ? It ought not to be said that it is the Supreme Council which properly con- demns or absolves by confirming or amending the sentence of the provincial courts, because this is very far from being an appeal. To see whether they have or have not followed the regular forms of this unmeaning process, and whether the same have been scrupulously ob- served, that is, the governing rules thereof with all their vices, is the usual occupation of the Supreme Council j but carefully to examine the qualities of the witnesses, to sift out the proceedings of the whole cause, to ascertain whether any exceptions alleged by tlie pri- soner have had all their due weight ; in short, to find out whether all his pleas and argu- ments have been justly considered is not the business of the Supreme Council, nor can the culprit expect it. The reason they allege for the refusal of an appeal respecting the final sentence is not more satisfactory thafl that whereby they object to the recusation of the judges, purporting that it ought only to be granted for the defence of innocence and 272 INQUISITION UNMASKED. [CHAP. I>V not of guilt, as if it were an established point that in the Inquisition the culprit was unable to meet with any grievance, and that he ne- cessarily must have trespassed.* To fill up the measure of iniquity in this particulnr nothing was wanting but to grant to the fiscal- proctor that same appeal which was refused to the culprit for his own defence, in order to make his oppression the more complete ; and in fact this was granted by the regula- tions of the Portuguese Inquisition. t Appellatory Remonstrance to the Civil Fozver. — I here principally allude to the ap- * " Fuit enimy says Paramo, De Ord. Judiciar. lib. ii?, Qua?st.iv. n.58. " appeUationis reniedium institiitum adprcesi- dium innoceyitice, non ad defensioneni iniquitatis ; quod utique ohtinet injavoremjidei, et in odium liccrcticoriim ne judicium protrahatur, et quia quce sententia mature et pensato prcece- denti judicio Jertur, non debet per iniquas calurmiiantium versutias retractari" t Regimento do Santo Ofieio de Portugal, lib. ii. tit, xxi. n. 1. The words are as follow : " Das senten9as que OS inquisldores darem nos processos que se despachao na mesa do S. Officio, ou sejao definitivas ou interlocutorias, podera o promotor appellar parao conselho geral allegando por escrito as razoens com que pretende raostrar por parte da justi^a que Ihe he feito aggravo ; e isto havera lugar nao so nas senten9as dadas em processos que nao ouverem de hir ao conselho, mas tambem naquelles que per bem deste Regimento la devem de hir." CHAP. IV*] INQUISITION UNMASKED. 2?^ pellatory complaint and remonstrance to the superior, which belongs to every culprit, on account of grievances experienced in pro- ceedings instituted against him. In like manner as every citizen makes a just sacrifice of part of his liberty, as ordained by the laws, so in return has he a right to expect from them a ready and infallible protection. And who more deserving of this than a prisoner, perhaps innocent, yet exposed to all the dangers of a criminal prosecution ? In a situation so critical, government owes him not only the aid to which by justice he is entitled;, but also the shelter which compas- sion would moreover inspire. This is the origin of appellatory remonstrances to the superior magistrate, more especially to re- strain ecclesiastical power ; and this general and obvious check in society thence becomes one of the strongest links of civil allegiance, and of that moral obligation we attach to it. By this means also the forsaken or injured culprit avails himself of the power of the social body against the encroachments of the subaltern magistrate, who profaning the sa- cred character with which he has been in- vested, plots the perdition of the unfortunate, and tramples on his rights without shame or VOL. I. T 274 INQUISITION UNMASKED. [CHAP. IV. remorse. This check on arbitrary power in all cases of judicial process therefore consti- tutes the chief anchor that secures the safety and tranquillity of society, without which the citizen would be continually exposed to dangers and inquietude, and experience none of the advantages of social intercourse. Since then this right is so sacred and important, can it be supposed that it has been respected by the Inquisition ? Has the person therein aggrieved any means of laying his wrongs at the foot of the throne ? No! the bereft subject has nothing left ■within his reach but heroic resignation and despair.* * Covarrubias, Maximas sobre recursos de fuerza, tit. xxxii, " I command," says the king in a royal order of March 10, 1553, speaking to the magistrates, " that henceforward, in no matter or matters, cause or causes, civil or criminal, of whatsoever kind or condition they may be, and which may be agitated before the inquisitors or judges of property, neither you nor any of you interfere in the way of appeal from grievances or by remonstrance ; and that on no account whatever you take cognizance of the acts or grant writs against the inquisitors or judges of pro- perty ; since if any person or persons, town or corporations, should feel themselves aggrieved they can have recourse to the judges of our Council of the Supreme and General Inquisition/' CHAP. IV.] INQUISITION UNMASKED. 275 FINAL SENTENCE. I give this term to the sentence in which the inquisitorial process ends, and not that of definitive, as is usual in other tribunals, be- cause in this it is not so.* However the culprit may clear himself from imputed guilt, it is sufficient for his name to have sounded within those fatal walls for his cause to remain open for ever, since it only terminates by his complete condemnation, or that of his ac- cusers if the calumny has been such as not to admit of an evasion.t It is the custom of this tribunal never to absolve any one in a simple manner against whom proceedings have been once instituted, but only at most to declare him absolved of the immediate charge preferred, by suspending the sentence and reserving to itself the right of continuing the process whenever fresh proofs may be brought forward. This method of acting in the In- quisition would be less odious if it did not impose a penalty on the culprit on account of mere suspicions: but constant in the practice of showing him the least possible favour, it does not terminate the process, in order to be * Orden de Procesar, foL ^S. f Compilacion de Instrucciones, n. 54. T3 276 INQUISITION UNMASKED. [cttAP. IV. the more ready to continue it when another opportunity offers, and at the same time con- demns the culprit as if in fact his trial had regularly closed. Hence has arisen that diversity of abjurations to which the arraigned is held when he is reconciled to the Church, and which, in the terms of the Inquisition, are called the abjurations de levi, de vehemaiti, and de formali. To one of the two first of these forms every one indicted for heresy is obliged to submit, according to the degree of suspicion attached to his case, and the latter is imposed on all those who by the proceed- ings instituted appear to have sinned against the faith. I ought here to premise that re- conciliation is granted to the culprit under a conditional form, which is, " that he has been converted from purity of heart and not through a feigned faith, and that he has con- fessed the truth, and hidden nothingrespecting himself or any other person, alive or dead.* If there were no other proof of the little merit to be attached to the conquests made by this institution for the Church, is not the distrust manifested in this single particular sufficient to convince us of their inefBcacy. Besides the stigma of infamy incurred, the * Orden de Procesar, fol. S3. CHAP. IV.] INQUISITION UNMASKED. 277 culprit accused of heresy, whether this results from the proceedings instituted or is only founded on suspicion, is always punished ac- cording to the gravity of his crime by a fine or loss of his property, by flogging, hard labour, or solitary confinement, which for- merly was perpetual, and these punishments have even extended to death inflicted by fire, in which the civil magistrate interferes as the person charged with the execution. What rigid censures ought not to be passed on most of these punishments ! In them how much has the Inquisition deviated from the spirit of Christianity ! How flagrantly has it not trampled on the rights of society and of man ! The infamy of the culprit transmitted to his innocent children, confiscation, trans- forming a judicial process of the most delicate nature into a lucrative speculation — imprison- ment for life, by which the death of the citizen is prolonged to an indefinite period of time, are all ideas which excite sentiments of in- dignation in the contemplative mind. What contradiction do we not at once discover between this terrific power which the priests of the most amiable of religions have bor- rowed, or rather mendicated, from princes, and the native character with which itsj 278 INGLUISITION UNMASKED. [CHAP. IV. founder originally adorned it. But as my object is conciseness, I shall direct my parti- cular attention to the sentence of death, which the inquisitors comprehend under the title of " delivery over to the civil magis- tracy.'* This takes place with the formal heretic persisting in his error, to which class is also reduced the diminuto, that is, he who does not confess all they believe he ought to confess; with the penitent, but relapsed heretic; with the heretic convicted but re- fusing to confess, that is, when from the proceedings any one is proved to have fallen into heresy but refuses to conform to the sentence pronounced against him, rather protesting that he has ever believed and is ready to confess all the articles of faith ; with the absent, condemned of rebellion ; and lastly with the deceased heretic, whether he died before or after the process was instituted against him. I ought here to observe that the pardon of life, which the tribunal once grants to the heretic, undergoes exceptions in many cases, such as when he denied the Trinity, the In- carnation of the Word, the Divinity of Jesus Christ, or the Purity of the Virgin Mary, or when he celebrated mass or heard sacramental tJHAP. IV.] INQUISITION UNMASKED. 279 confession, not being a priest ; that he is not only considered as a relapse who before ab- jured de formali, but also he who abjured de vehementi ; in short that it rests on the plea- sure of the inquisitors to grant or deny this pardon.* The bishop of the diocese also assists at this sentence, thus exercising his second and last act of jurisdiction, and the form is as follows. SENTENCE OF THE DELIVERY OVER TO THE CIVIL MAGISTRACY. " Christ i nomine invocato. We resolve, after due examination made of the proceedings and merits of the present case, that the said fiscal- proctor has fully and duly proved his accusa- tion, in the form and manner he was bound * Massini Prattica della S, Inquisizione, part x. av- vert. xliii. Compilacion de Instrucciones, n. 41. On the latter point the instructions of the Inquisition of Seville for the year 1484, § 12, prescribe that the iniquisitors ought once to receive the repentant heretic to penance, " ex- cepting, if after examining the form of his confession, and duly weighing other circumstances depending on their will, it should- appear to them that his conversion and re- conciliation are feigned and not real, and they do not conceive any good hope of his return to the Church, for in such case they are to declare him to be an impenitent heretic, and deliver him over to the secular magistrate,'* 280 INQUISITION UNMASKED. [ CHAP. IV. SO to do. Wherefore, we decree and ordain that his object has been fully established, in consequence of which we ought and do delare that the said N. has been, and is an apostate heretic, a defaulter and abettor of heretics, (when he is a relapse the words are * a feigned, deceptious abettor, and impeni- tent relapse,*) and that he has thereby fallen into and incurred the sentence of grievous excommunication, to which he is liable, as well as of the confiscation and loss of all his property, the same which we order to be ap- plied and hereby do apply to the Exchequer of His Majesty, and in his name to the Receiver thereof, from the day and time he began to commit the said crimes of heresy, the declaration of which we reserve to our- selves ; and that we ought to deliver over and hereby do deliver over the person of the said N. to justice and to the civil magistrate, especially to N. mayor of this city, or to his marshal in said office, whom we affectionately beseech and enjoin, as in the best form of right we are able, to deal tenderly and com- passionately with him. And wc further declare the sons and daughters of the said N. and his grandchildren in the male line to be unfit and incapable, and we hereby disable CHAP. IV.l INQUISITION UNMASKED. 28t "" f them from holding or obtaining any dignities, benefices, or offices, as well ecclesiastical as secular, or any public or honourable employ- ments ; and also from using or carrying about their persons any gold, silver, pearls, precious stones, coral, silk, camlet, or fine cloth ; from riding on horseback, wearing arms, or using or possessing any of those other things which by common right the laws and regulations of these kingdoms, as well as the instructions and forms of the Holy Office, are prohibited to all such disabled persons. And by this our definitive sentence we ac- cordingly judge and decide, and in and by these presents order, the same to be exe- cuted."* Here follow the date and sig- natures. In the above form we have the protest or intercession which the Inquisition and its advocates seek to bring forward as a proof of its mildness, and which, in the first part of this essay I asserted was a mere ceremony, promising to prove the same in another part of ray work ; this shall be at the end of the present division of my subject, when I have established the necessary premises in order * Orden de Procesar, fol. 31, t82 INQUISITION UNMASKED. [CHAP. IV, to convey a complete idea of the hypocrisy of this practice, greater even than its futility and ridiculousness. As it is now time to speak of the punishment of death, which the culprit undergoes when condemned by this tribunal to be delivered up to the secular power; I shall not consider it so much in itself as in the atrocity by which it is accom- panied. Rome, whose warlike inhabitants, from genius as well as constitution, beheld the blood of their fellow-creatures flow with the greatest insensibility — Rome, whose ladies, no less hard of heart than lascivious of mind, seated in the amphitheatre required of the gladiators already pierced with mortal wounds that they should still fall to the ground in a graceful posture — Rome, in short, familiar with all kinds of capital punish- ments, knew no one greater than the flames, since this more than any other, by instantly reducing the members into their last ele- ments, also saddens the spirit, and Alls the imagination with the keenest horror. Such js it represented by Tertullian, as the sad specta- tor of such heart-rending scenes, after he had compared it with decapitation^ crucifixion, and the condemnation to be devoured by CHAP. IV.] INQUISITION UNMASKED. 283 wild beasts.* The Inquisition nevertheless has ever preferred this to all other modes of capital punishment inflicted by the forms of law. Thus while tlie Gospel passing through ages and nations like a benign dew has spread sweetness over their laws and customs, this fatal tribunal, advancing with equal steps and by the favour of princes, in its turn and as it were by reprisal, has committed the same cruelties as the enemies of religion, favoured as they also were by kingly pro- tection ; and in the vengeful fires in which so many martyrs triumphed, it has lighted up those torches with which it has sacrificed so many victims to superstition. The conduct of the Inquisition towards the convicted but not confessed culprit is one of the points most worthy of observation. In this particular it may be affirmed that it compels the miserable persons who fall under its power to drink of the bitter cup to the very dregs, by clashing in the most contra- dictory and scandalous manner with the principles of the Catholic religion which it so improperly seeks to defend. Against the * Tertullian, Ad Martyras, lib. vii. cap. iv. n. 1. — Time- bit forsitan caro gladium gravem, ,et crucem excelsam, et rabiem besiiariim, et siwimam igniiim pcenam" 4 284 INQUISITION UNMASKED. [cHAP. IV. culprit in the above-mentioned case it applies the same penalty as if he denied all the dogmas of the faith, and without any other reason than that of his holding the sentence as unqualified, as if this was not often the case not only in this tribunal, but also in others in which the mode of proceeding is incomparably more regular. Of no avail is it to the unfortunate victim to protest his firm belief, and solemnly profess, each of the articles of faith ; it suffices to argue that the Inquisition has been surprised by the craft of a calumniator, or in any other manner to deny having deserved its sentence of con- demnation, for the tribunal to pronounce him a heretic, and punish him as if he was an apostate to his religion. On this score also Trajan was more moderate towards culprits accused of Christianity, since he pronounced the accusation which existed against them as null, whenever they were ready to sacrifice to the idols.* But to come to the point at once, the In- quisition ordains the same species of capital punishment against him who does not vene- rate the infallibility of its sentences, as against the man who denies that the Church is * Plin. lib. X. epist. xcviii. CliAP. IV.] INQUISITION UNMASKED. 285 infallible in her dogmatical decisions. In conformity to these ideas, the culprit who seeks not to be wanting to the truth by confessing crimes he has not committed, in this tribunal is not only delivered over to the flames, but also deprived of spiritual succour by sacramental confession being refused him, which in those fearful moments the Church even allows to the most hardened highway- man. It only permits the prisoner to have a confessor for the purposes of absolution, when in contravention to his own safety and the welfare of his own family, he commits a falsehood, by approving as merited the sen- tence of condemnation pronounced against him ; that is, it merely grants him absolution in the right of penance, at a time when no confessor can in fact absolve him. Can any other more evident and convincing proof be given of the opposition of this tribunal to the true principles of religion ? I must either be deluded, and read in the books of the Inqui- tion what they do not really contain, or I must naturally conclude that the evidence of this demonstration is sufficient to convince the most obdurate. Unfortunately this doctrine is but too pointed and manifest in all the works which 286 INQUISITION UNMASKED. [CHAP. lY. serve as a code or commentary to the judicial proceedings of this institution. The Beter- rensian and Narbonensian synods, assembled during the greatest effervescence of inquisi- torial zeal ; the instructions of the tribunal of Toledo and also of Seville ; a declaration of the Congregation of La Rota, as well as every other work relating to the institution and published by inquisitors themselves, to- gether with its history amidst the multitude of sacrifices of this kind it presents, tend all to prove that this has been the exact practice uniformly observed in this particular.* Some persons have attributed it to policy on the part of the Inquisition, in order always to have the credit either of being compassionate, by alleviating the punishment of him who confesses, or of being just, b}^ severely punishing him who refuses to confess. Others, however, have thought that it has rather been ■with a view to enjoy the confiscated pro- perty more securely from public censure, by the guilty in some measure authorizing the confiscation, in the act of acknowledging themselves such. For my own part, without entirely disregarding these two imputations, I attribute this inconsistency to the contra- * Vide Pena Ad Director. Inquisitor, part iii. n.21I. CHAP. IV.] INQUISITION UNMASKED. 287 riety of prii^ -iples by which it is governed, being at one time a tribunal of internal and next of external jurisdiction, as well also as a mixture of ecclesiastical and civil elements. The fact is that the popes, by dictating laws for its government, and the iniquisitors, by commenting on and putting them into exe- cution, have at length got into an endless maze of perplexity ; and indeed this was to be expected from the windings and turnings, as well as the tricks, so remarkable in the judicial proceedings of this court. But if the aggravated outrages committed by this tribunal against the living, through its vicious method of judicial process, cannot fail to revolt the feelings of every sensible ■ man, how much must he not be shocked at its conduct towards the dead ? With regard to the first, it may in some measure be said that they are allowed to establish their de- fence, at least by their pleas being partly if not entirely heard ; but to institute a crimi- nal suit against one already deceased, by forming a rigorous accusation against him, and this not on facts accompanied by perma- nent vestiges, but on words carried away by the winds nearly as soon as they were articu- lated, or perhaps on thoughts containing no 288 INQUISITION UNMASKED. [CHAP. IV. Other harm than the malevolent interpreta- tion attached to them ; to expose his bones to the light of the sun as an object of derision and horror, after the earth, the common mother of all mortals, had received him into her bosom, without any one being found in his defence, unless some solitary relation or advocate only slightly acquainted with his rights, is certainly to disregard the most obvious impressions of the heart, and to spurn at the most commendable laws of humanity. Samuel bitterly reprehended Saul for disturb- ing the quiet he enjoyed in the region of shades, when he consulted him by means of a prophetess respecting the issue of a battle in which he was engaged ; what then would have not been his complaint, if his bones had been dug up to be made an object of con- tempt ? * The peaceful envoys who, after a most bloody action, were sent to ^neas by the king of Latium, soliciting permission to bury their dead, alleged no other reason in support of their demand than the immunity which the living ought to grant to the dead. " Nullum cum victis certamen, et asthere cassis." ViRG. i^N. l.xi. V. 102. * Reges, lib. i. cap. xxviii. v. 15. Dixit autem Samuel ad Said; Quarc inquietasti me ut suscitarer?*' CHAP. IV.] INQUISITION UNMASKED. 289 If therefore he, who has already paid to nature this last and most arduous tribute, merited such pity and respect from those nations which considered it impious to re- fuse him burial, would they have approved of his being disinterred for the detestable purpose of reeking vengeance on his earthly remains ? It may perhaps be retorted that we are here to understand persons guilty of high treason, with whom every pious consideration ceases. Granted that this is the case, and how- ever absurd it may appear, let us suppose that the punishment executed against the delin- quent, who has neither feet on which to stand in his own defence, nor tongue to use in his own justification, is an emanation of the fun- damental compacts of society, yet will it be proper for the ministers of religion to be the f depositaries of a jurisprudence so terrible, which with its iron rod reaches beyond the bounds separating time from eternity ? Ulysses, grown old amidst the din of arms, lays down the fierceness of his profession and intercedes with Agamemnon, chief of the Grecian army at the siege of Troy, for permis- sion to bury Ajax, guilty of high treason, and his personal enemy: it sufficed to behold him VOL, I. u 190 INQUISITION UNMASKED. [CHAP. IV, in the arms of death for the hoary warrior to step forward to fulfil this office of benefi- cence and generosity with his own hands. The tender affections of that venerable sol- dier at such an interesting moment could alone be worthily expressed by Sophocles in his own majestic strains, of whose beauty and grandeur I do not wish to deprive my reader. Vljjs. Agam. Uli/s. Agani. Ulys. Agam. Viys. Agam. IJbjs. Toy UVCftt, ToVOi TTphi B'lW Mr, tPi^5 ccB-oiTrrcv a^' cc'dXyviTK^ (iaXuf. MvjO'^ ill fi'M tn f/iYtd'a.f/jZc, vtKr,iroi.Ta Tea-otii fjuurat aia-Tt ray ^iH/iv tthtuv. ' Eyjwy' if/yKTov) d" ijvix.' wv y/nnTv xaXo'j. 'H^S? (tu ouMuc, t'^^s ^'. nfXii^ci ^ccn7i j 'Avaycci wn f/js ray vsxfov B-K^rrav sun j ^Eyuye, kxi ya^ oivroi h^x^' «^a^«;. ^ fc'oi'II. 'A/«c ^«o-r4y. V, 1355, (I'C. Vlyss. Then, by the Gods 1 beg, permit him not To be cast out unpitied, unintomb'd — Nor is it Ajax but the Gods you violate, And trample on their laws. Hovve'er we hate The brave when living, none offend the dead. Agam. Dost thou defend him then, Ulysses ? XJlyss. Yes; I hated, whilst 'twas generous to hate. Amm. Hast thou not cause to tread on, to insult him > CHAP. IV.] INQUISITION UNMASKED. 291 Ulyss. Oh king, forbear this triumph ! 'Tis not well. Amni. Art thou so foud then of a foe when dead ? Ulijss. Friendship and enmity by turns we prove. Agam. Thou counsell'st then I should permit his burial ? Ulyss. Yes ; I remember I myself must die. If Uiysses could not bear to see burial denied to the body of Ajax, how much less vvoidd he have suffered it to be taken out of its last resting place, and converted into an object of scorn and public derision ? These most humane sentiments are applauded, as if inspired by wisdom, in the chorus of the ancient dramas, in which the voice of reason or the general opinion were always expressed. Ghor. Whoe'er, Ulysses, says thou art not wise Only discovers that he is not so. Let those who find nothing in the Inqui- sition derogatory to the religion of a God crucified for the love of men deny, if they dare, that the ideas here expressed as pre- cepts to the Athenian people are not more analogous to this same religion than those inculcated to catholic nations by the practice u 2 292 I-VQUISITION UNMASKED. [cHAP. IV. of this tribunal. Let them declare, whether the feeling and elegant Sophocles, writing near five-hundred years before the preaching of the Gospel, and notwithstanding he wa3 a heathen, does not prove that he v/as in greater accord with its meekness than the priests of that same Gospel, conducting themselves as they do in the manner above described in the Inquisition. Soon after the establishment of the tri- bunal at Seville the practice was introduced of suspending the causes of the deceased, as well as those of the living, till fresh proofs appeared, whenever those already adduced were not sufficient to condemn them ; and in the mean time the children of the parties were not allowed to marry or form establish- ments, in consequence of their property being within- the grasp of the law.* The disabilities imposed on the children and grandchildren of every one condemned, or subjected to public penance, extend to holy orders, and to the employments and offices of judges, justices of the peace, governors of castles and prisons, bailiffs, aldermen, ^ This is deduced from the fourth section of the Instructions of the Inquisition of Avila for the year 1498, in which this is prohibited. CHAP. IV.] INQUISITION UNMASKED. 29S jurists, inspectors, sewers, public weighers, notaries, lawyers, attornies, secretaries, ac- comptants, chancellors, treasurers, physicians, surgeons, bleeders, apothecaries, brokers, and even traders.* AUTOS DE FE. An auto de fe, properly speaking, is the file of proceedings on which the inquisitors pronounce sentence against persons tried and convicted ; but as it has been usual for this to be done with great parade and pompous solemnity, it is now generally un- derstood to signify the solemn act or form under which the same is pronounced. Of these there are two kinds, viz. particular and general. The particular one, which is also called Autillo, or little auto, is either cele- brated in a church, indistinctly in pre- sence of the people, or in the sessions-hall of the court, with the doors closed and with- out the attendance of any other persons than those invited, generally the dependents of the Inquisition, or other select persons. The general auto has usually been celebrated in * Instructions of the Inquisition of Valladolid, done tiere Oct. 7, 1488, n. 11. 294 INQUISITION UNMASKED. |_CHAi'. IV. some large and capacious church, or in the principal square of the city. The first of these autos takes place when the culprits are few, and the second, consequently, when they are numerous. In the general auto care is taken that it shall include persons convicted of different crimes, so as to render the spec- tacle more varied ; and, for this purpose, they are detained in the prisons though their trials are ended. Great care is also taken that among those condemned to death there be some relapsed persons, or others whom re- pentance cannot save from the flames ; for, if all could be pardoned by abjuring their errors, the court would run the risk of having the exhibition spoiled at the best part. Great care is also taken that no prisoner makes his appearance maimed or bruised by the tor- ture ; for which reason that of the pulley is inflicted on no one unless fifteen days can intervene before the auto de fe is to take place ; and, in that case, the rack is preferred.* * Regimento do Santo Officio cle Portugal, lib. ii. tit. xiv. n. 6. " Sendo neccssario dar trato esperto nos quinze dias antes do auto, por nao Iiirem os prezos a elle mostrando os sinais do tormento Iho darao no potro." CHAP. IV.] INQUISITION UNMASKED. 295 In one or the other of these autos the culprits come forth ; and when they are secu- lars they are dressed in the usual manner, though modestly, but when they are clergy- men they are habited in their cassock with- out a girdle. Friars are dressed in the same manner as the clergymen, and the nuns in plain clothes ; and all have their heads un- covered when they are held to abjure de laBvi.* When they are pronounced guilty of higher crimes they also wear insignias, partly emblematic of penance, but at the same time tending to bring ridicule upon them. These are the sanbenito, the corozdy the rope round the neck, and the yellow wax candle, not lighted, held in the hand, but which is lighted after the ceremony of recon- ciliation has been performed. The sanbenito is a penitential garment or tunic of yellow linen or cloth reaching down to the knees, and on it is painted the picture of the person who wears it, burning in flames, with several figures of dragons and devils in the act of fanning them. This is what is worn by the individual who is to be executed as an im- penitent ; but when he is a reconciled relapse he bears the same flames without the figures. * Regimento do Santo Officio, lib. iii. tit. ii. n. 5 and 6. 5296 INQUISITION UNMASKED. [CHAP. IV. The term sanbenito is taken from the French one of sac benit.* Those who only do penance, instead of either, wear a cross of an oblique form, or in the shape of that of St. Andrew, made out of red cloth, when they are con- victed of formal heresy ; but there is only one arm to the cross if the suspicions have only been pronounced vehemently strong and not fully established.t In Portugal, when one of the impenitents is converted before being brought out to the auto de fe, the sanbenito or penitential garment is then painted with the flames downwards, there called fogo revolto, as a sign that the wearer has freed himself from their voracity. This garment was afterwards placed in the parish-church of the person who had borne it to the place of execution, or worn it in the way of penance, in order that to him it might serve as an eternal opprobrium, and a trophy to the Inquisition. t However * Fleury, Institution au Droit Ecclesiastic, chap. x. f Llorente, Anales de la Inquisicion, cap. xi. n. 9. 4: Compilacion de Instrucciones, n. 81. "It is clear and manifest that all the sanbenitos of condemned per- sons, dead or alive, present or absent, are placed in the churches of the towns where they have resided and been parishioners at the time of their arrest, death, or flight : and the same is also done with those of the reconciled CHAP. IV.] INQUISITION UNMASKED. 29? in latter times the hanging up of the san- benitos was dispensed with^ and only a board with all the particulars stuck up ; but, in consequence of several disturbances taking place among persons whose family names were thus exposed, the Inquisitor General, Don Felipe Bertran, gave orders that they should be every where removed. They were accordingly taken down in some places; but, as many still remain suspended, it is clear that the order was not properly obeyed. Among them how many culprits have had their names thus exposed though deserving of our veneration for their virtues! I here particularly allude to the convicted who have not con- fessed ; most of whom must have been mar- tyrs to the truth j for it is not easy that a who have fulfilled their penances and laid them aside, although they may have only worn them during the -time they were on the platform whilst their sentences were read to them, all which is to be inviolably observed. And the inquisitors are further enjoined to see the said sanbenitos hung up and renewed, particularly in the districts they may visit, in order that the remembrance of heretics and their descendants may always be preserved; and on the same the time of the condemnation of each is to be inserted, specifying whether their crimes appertained to Jews or Moors, or the new heresies of Martin Luther and his followers." 298 INQUISITION UNMASKED. [cHAP. IV. man who is bad, and convicted and con- demned as such, should wish to die on a scaffold when he is able to save his life by confessing the charge preferred against him. Let those banners of infamy be at once torn away from the sight of the people, since they dishonour the temples whose w^alls they cover more than the condemned persons whose names they bear. The coroza is a pasteboard cap, three feet high and ending in a point. On it are like- wise painted crosses, flames, and devils ; which are varied according to circumstances. In Languedoc, when the Inquisition was founded, the sanbenito and coroza formed one single piece, which was a tunic with a cowl or hood.* In America it has been cus- tomary to add a long twisted tail to the corozas or caps worn by dogmatizers or by teachers of the law of Moses, in order to denote the crookedness or sophisms of their doctrines.! The persons also condemned to death, instead of a candle, carry a wooden cross painted green. Blasphemers are always brought out with a gag on their mouths ; * Llorente, Anales de la Inquisicion, cap. xi. n. 8. t Fray Juan de Torqueniada, Monarquia Indiana, lib. xix. cap. xxix, 5 iiiiliii CHAP. IV.] INQUISITION UNMASKED. 299 and in general a quantity of these arti- cles are kept in reserve, in case any of the other prisoners should become out- rageous, and insult the tribunal, or perhaps attempt to reveal what is wished to be kept silent. (Vide Plate VII.) With regard to the forms of a private auto, nothing particular occurs that is not to be found in the general one. In one of these autos the Inquisition of Coimbra, in the year 1667, brought out the celebrated Jesuit Antonio Vieira, after he had endured an imprisonment of two years and three months. " As his doctrines/* says the histo- rian who wrote his life, " touched on new interpretations of the Scriptures, as well as opinions different from the sense of some of the Holy Fathers, and also certain points of the faith ; he greatly alarmed the most up- right ministers of the tribunal. At this time (that is in 1665, when he was arrested) many propositions of his had already been laid before the Pope without the author's know- ledge, and examined by two quahficators who had interpreted them in their own way. These same propositions had been extracted from a letter Vieira had written from the Maranon (in Spanish America) to the con- 300 INQUISITION UNMASKED. [CHAP. IV, fessor of the Queen Mother, and they were afterwards condemned in Rome ; but, besides these, secret information was also laid of seve- ral others, and he was consequently arrested by the Holy Office." — The charges preferred against him could not have amounted to any great heresies ; since the culprit was brought out without any candle in his hand, nor was he compelled to abjure even de IcE'vi ; never- theless, the reading of the proceedings lasted more than two hours.* It may be proper to remark, that the bad taste which then reigned among preachers caused them to adopt the fashion of wishing to shine as acute men, by risking propositions to all appear- ance heretical, and proving them by a thousand subtilties. Vieira, who, as his sermons prove, was not exempt from this contagion, was not however the most tainted with it, since he criticises and reproves it in his companions ; but as in the pulpit, the same as in his writings, he bore away the palm of merit, his rivals resorted to this means in order to supplant him, thus verify- ing the truth of the old proverb, Quien es tit e7iemigo ? El de tu ojicio. — Two of a trade can never agree. * Andres clc Barros, Vida do P. Antonio Vieyra, § clxix. CHAP. IV.] INQUISITION UNMASKED. 301 In like manner, in the year 1778, Don Pablo Olavide, Mayor of Seville and Super- intendant of the Colony of Carolina, es- tablished by Charles III. in La Sierra Morena, was brought out, after two years imprisonment, in a private auto performed in the Inquisition of Madrid. Having ut- tered I know not what propositions contrary to the faith, or at least as such they were reputed, a secret information was lodged against him by a German capuchin, who had come as chaplain to the German colonists. It is uncertain whether the friar was impelled to this ,^ct by virtue of his ministry, qr in order to gain the good-will of certain owners of flocks who were opposed to the new settle- ment, in consequence of their deriving more advantage from this uncultivated tract being left for pasture. It is most presumable that the latter was the motive rather than the first, for the good friar was certainly given to intrigue, as was afterwards proved by certain commotions he stirred up in Carolina, for which reason he was banished the kingdom. About two hundred persons attended the auto of Olavide, who presented himself in his own proper dress, wearing the cross of Santiago, of which order he was. a member. Among 302 IN'QUISITION UNMASKED. [ CHAP. IV. Other charges preferred against him by the tribunal, he was accused of having said that Peter Lombard and the other scholastics who followed him had filled theology with subtilties ; of having treated those statutes of the Carthusians as absurd and inhuman which permitted the members of that order to eat all kinds of fish even the most rich and ex- pensive, but forbade them when sick from eating meat and broth, however great their illness ; of condemning the number of bells contained in some churches, and the manner of ringing them, as opposed to the police of nations ; finally, of having made exertions, w^hilst his trial was pending, in order to ascertain the state of its progress. The punish- ment was reduced to the confiscation of his property and his being banished from Madrid and the royal residences, as well as from Lima his native country, and also from Seville. He was further declared incapable of obtaining any public employments, and besides condemned for eight years to the seclusion of a convent; his sentence not being rendered more rigorous in consequence of the court of Rome having interceded in his favour. A sentence like this, in which the judges CHAP. IV.] INQUISITION UNMASKED. SOS included among the list of heresies (since such was the accusation against Olavide) propositions of the nature just described, must certainly rather have inspired disdain than compunction in so literary a cha- racter. Thus did it happen that on the first opportunity he broke his arrest and passed over to France. During his residence there the revolution burst forth, and he had to share in its ravages, being thrown into prison under the confusion of Robespierre ; this, added to the inconveniences of an advanced age and a sickly habit, made him desirous of returning to Spain. In order to attain this, he sought to repair his reputation, and conse- quently wrote a work entitled, " El Evan- gelio en triunfo, 6 Historia de un Filosofo desefiganado.^' (The Gospel in Triumph ; or the History of the Philosopher undeceived.) Permission was granted him to return, on condition of his appearing before the inquisi*. tor-general on his arrival, which in fact he did, in order to receive the penance Ihe in- quisitor might think proper to impose upon him : the latter, however, was satisfied with his docility and his labours in defence of religion. Olavide passed the remainder of his life in Baeza, spending, in favour of all kind 304 INQUISITION UNMASKED. [CHAP. IV. of needy persons, particularly poor widows, the greatest part of the pension assigned him by the king. The general auto de fe, considering the great pomp with which it is celebrated, may in some measure be styled a splendid and august exhibition suited to inspire the com- mon people with a most respectful admiration of the tribunal. In order to know that it unites two of the grandest ideas that ever occupied the human mind, it suffices to say that it is intended as an imitation of the Roman triumph and an anticipated represen- tation of the last judgment. To be convinced of the truth of this observation, if we had not the testimony of the Inquisition itself, which has always made this a particular boast, the ceremonies adopted for the purpose would not allow us to doubt the fact. That pomp is well known with which the generals and emperors of ancient Rome celebrated their victories by entering what was called the triumphal gate, and going up to the Capitol for the purpose of giving thanks to the Divi- nity. After the conqueror had harangued the people and soldiers, distributing among them presents and part of the spoils, the procession moved onwards, accompanied CHAP. IV.] INQUISITION UNMASKED. 305 by the sounds of martial music j next fol- lowed the bulls which were to be sacriliced, ornamented with ribboiis and garlands of riowers, or with gilded horns ; behind them came the trophies gained from the enemy, and the effigies of the cities and nations con- quered, eacli one with its name written in large characters ; then followed the eaptive kings and captains loaded with chains, their heads shorn as a mark of slavery, and accom- panied by the officers of the army and musi- cians of all instruments, when the whole procession was closed by a buffi^on, who humbled the conquered with his jests and exalted the conqueror. Finally, the latter made his appearance crowned with laurel and bearing in his right hand a branch of the same, an ivory sceptre in his left, and seated on an ivory car ornamented with gold and drawn sometimes by white horses, and at others by elephants, tigers, or lions ; the car was followed by the senate and the troops, and in this form the procession arrived at the temple where the sacrifice was solemnized ; the whole feast then ended in a magnificent ban- quet which the hero of the triumph gave to those who had accompanied him. These are as near as possible the forms and vol.. I. X a06 INQUISITION UNMASKED. [CHAP. IV. ceremonies of a general auto, as will be seen, by its description ; and consequently the sen- sation caused on the minds of the people was equally strong, since the formidable appear- ance of the judgment therein represented, and the tragic death of those who have been sentenced, amply make up for the greater brilliancy and magnificence of the triumph. The writers belonging to the Inquisition call this a horrid spectacle, and capable of striking terror and dismay into the minds of every otie. It is not therefore to be wondered at that the inquisitors hold the people in a state of infatuation and terror, by causing themselves to be more dreaded than the civil authority itself, notwithstanding the latter commu- nicated to them so enormous a power.* Unfortunately the tragedies of this kind were too frequently repeated from the latter end of the 15th to that of the 17th century for us not to be possessed of exact accounts of them ; and these, instead of offering to the eyes of posterity so many victories of the * Paramo, De Ordin. Judiciar. S. Offic. lib. iil. quaest. iv. n. 36, makes use of the following words: " Certe futuri judicii imaginem referunt (the autos of the faith) pr^sertim in ditionibus Hispaniarum ubi horrenduiriy ac tremendum spectaculiim ad hoc paratur** CHAP. IV.] INQUISITION UNMASKED. S07 Inquisition, as it had foolishly dreamt, rather make it the object of abhorrence to future ages. Among all the autos de fe we have on record, no one is so memorable as that which was celebrated in Madrid, in the year 1680, in the presence of Charles II., his spouse, and mother : a ceremony certainly worthy of being compared with the triumph of Paulus Emilius, the most striking that was ever known. At that time foreign papers made mention of it, in order to give some idea of the barbarity of our ancestors. This auto has always been selected by travellers as well as historians who have had occasion to treat of the Spanish Inquisition, as the most rare specimen that can be held up to curiosity ; and a painting of it by Francisco Rizzi is still preserved in the palace of the Buen Retiro, and serves as a monument of shame to those kings who made so bad a use of their power. This painting is perfectly con- formable to the description given of the auto by Jose del Olmo, an eye-witness, familiar and also bailiff of the supreme court of Inqui- sition, and who consequently must have had no small share in the execution of the whole.* * Relacion Historica del Auto general de la Fe queae ce- X 2 308 INQUISITION UNMASKED. [ciIAP. lY. On the Inquisition coat of arms which the author places as a frontispiece to liis work, in the back ground he adds two trumpets cross- ing each other, and then inserts this motto, formed out of the 4th and 7th verses of psalms xlv. and ciii. " Sonucrimt et turbata sunt gentes ; a voce toiiitrui tui formidabuntJ'* This is another argument tending to prove the spirit of terror by w'hich this tribunal is actuated, a defect v»hich its dependants, from the judges down to the meanest officers, not- withstanding their protests of meekness and mercy have been unable to hide. If possible something still more remarkable is to be noticed in the coat of arms affixed to the description of the auto of the faith which occurred in Cordova, Dec. 5, 1 745. On it is represented a pair of shackles placed horizon- tally on the body of the cross, forming another by the long irons being placed trans* versely, a sword to the right, and a palm as lebro en Madrid este ano de 1680, con asistencia del Rey, N. S. Carlos II. de la lleyna N. Sra. y de la reyna madre. Siendo laquisidor General el Excelentisimo Sexier Don Diego Sarmiento de Valladares, dcdicada a la S. C. M. del Rey N. S. For Jose del Olmo, alcaide y familiar del S. Oficio, ayuda de la Furriela de S. M. y raaestro mayor del Bueii Retiro y Villa de Madrid. CHAP. IV.] INQUISITION UNMASKED. 309 the symbol of triumph, instead of the olive, to the left. From the description of the above auto, by Olmo, I shall therefore pro- ceed to extract the sketch I am about to present to my readers, referring at the same time to some particulars of other autos which may be deemed most worthy of notice. Several trials being ended in the Inquisi- tion of Toledo, and among them some of great importance, the Inquisitor General Don Diego Sarmiento de Valladares, Bishop of Placencia, and late Member of the Council of Government during the minority of the King, judged that this would be an excellent opportunity of securing to himself the good- will of his master, by affouiing him the en- tertainment of an auto de fe on a large scale. Charles II., who possessed few of the requisites for a monarch, and had besides been educated in superstitious credulitv, gladly accepted the offer, and approved of the ceremony being performed at Madrid, in order that it might be attended with all pos- sible pomp and parade. The Inquisitor Ge- neral, together with the Supreme Council of the Inquisition, made the necessary arrange- ments and communicated his Majesty's orders not only to the tribunal of Toledo but also to 6 ,'510 INQUISITION UNMASKED. [cHAP. IV- those of Madrid and other parts of the king- dom, commanding tiicm to accelerate all the causes pending therein, in order that the number of criminals might be the greater. Sunday, 30th of June, a day on which the Church celebrates the commemoration of vSt. Paul, was fixed upon, as Olmo says, " in order that on that day this great triumph of the Catholic faith might also be celebrated,"* as if St. Paul could have triumphed over his enemies by bringing them forward in public autos de fe. And as the multitude of spec- tators likewise contributes to the display and parade of so grand an exhibition, it was solemnly proclaimed by the public crier a month before the time, that k, on the 30th of May, the day of St. Ferdinand, on which also the Ascension was kept. In this manner the people were invited to attend, and, as a stronger inducement, the indulgences granted by the popes on these occasions were also announced.! The following is the form of the public notification then used. " Be it known to all the inhabitants and dwellers in this city of Madrid, the court of his Majesty present and residing therein, that the Holy Office of the Inquisition and king- * Olmo, n. 7. ^ IWd. n. ?5. CHAF, W.J INQUISITION UNMASKED. 31 1 dom of Toledo celebrates a public auto of the faith in the large square of this said city on Sunday, SOth June of this present year ; and that those graces and indulgences will be granted which the popes have enacted for all those who may accompany and aid in the said auto. This same is ordered to be proclaimed for the information of every one." * In the mean time the Inquisitor General named various committees, composed of per- sons belonging to the Supreme Councils and other tribunals, in order that they might make the necessary arrangements for so great a solemnity. Let us pay particular attention to this cus- tom of performing these autos on Sundays, a circumstance which alone would argue the great contrariety of ideas so remarkable in this tribunal. Among all nations the day des- tined to return thanks to the Sovereign Maker of all things, as a remembrance of his omnipo- tence, is held as a day of rejoicing, on which it behoves us to abstain from every thing that may tend to disturb it, and indeed all servile occupations ought to be avoided. It is on this account that all kinds of work are suspended, * Olmo, n. 109. 312 INQUISITION UNMASKED. [ciIAP. IV. and for much greater reason ought the exe- cution of public punishments to be withheld. Thus the the Hebrews, at the same time that they were forbidden to practise all manual labour, were ordered to remove the dead bodies from the church porches before the sabbath commenced ; and even among us the civil courts never proceed to give sen- tence in any cas-^s of trial, and much less to execute capital punishments on days conse- crated by religion. The [nquisition alone is an exception to this general rule : b}^ order of this arrogant tribunal the civil magistrate, putting on that obduracy to which on similar days he had been a stranger, imbues his hands in human blood, and profanes the solemn period of religious joy. It may per- haps be answered that these executions are performed in the service and behalf of religion ; if so, bloody punishments are the offerings the Inquisition makes in honour of a meek and divine system of faith and worship. Orders were consequently issued for a large stage or platform to be erected in the principal square, and in the mean time two hundred and fifty artisans were enlisted into the service of the Inquisition, under the title CHAP. IV.] INQUISITION UNMASKED, S13 of soldiers of the ftiith, for the purpose of guarding and securing the criniinals. They practised the exercise of their arms, as well as the parts they were to act in this glorious triumph. Eighty-five persons also solicited and obtained the place of familiars to the Holy Office, among whom w^ere grandees and the highest titles of Castile, together with other noblemen who, on account of the notoriety of their rank and the shortness of the time, received a dispensation from the Inquisitor General exempting them from going through the requisite proofs of the purity of their lineage. On the approach of the appointed day the inhabitants of the neighbouring cities and towns thronged to assist at this auto of the faith; and numbers of commissaries, fami- liars, and otiier persons employed by the Holy Office likewise o eked up to town, bringing with them the various prisoners. On the 28th of June a preparatory ceremony of the auto was performed by way of re- hearsal, in which the soldiers of the faith paraded in good order ; marching out by the gate of Alcala, where they took up a quantity of fligots purposely prepared, and carried them through the streets in a kind of proces- 314 INQUISITION UNMASKED. [CHAP. IV. sion, each bearing one as far as the outside of the gate of Fuencarral, the spot which had been nnuked out as the burning-place. They passed by the palace, and the king taking from the hands of the Captain an ornamented fagot expressly arranged, shewed it to the queen, and ordered it in his name to be cast first into the flames, thus imitating the ex- ample of St. Ferdinand, who, on a similar occasion, carried the wood on his own shoulders. . On the following afternoon the procession of the two crosses was performed : that is, of the green cross, as the insignia of the Inquisition, which was placed on the stage covered with a black transparent veil ; and also of the white cross, which was deposited on a raised pedestal above the burning- place. Thus did this triumph commence, which we may truly call sacro-profane, on account of its mixture of religious and civil ceremonies, and its being divided into two parts, in which the religion of Jesus Christ and the Inquisition mutually triumphed. The procession of the crosses came out of the church of the college of Dofia Maria de Aragon, and proceeded to the principal square: the white cross came first, carried CHAP. IV.] INQUISITION UNMASKED. 315 by the two congregations of St. Peter the Martyr belonging to Toledo and Madrid ; and the green one followed, borne by the Duke de Medina Celi and the Dominicans, accompanied by the other religious communi- ties and a multitude of persons belonging to the tribunal with lighted candles in their hands. The musicians of the royal chapel sung the psalm of the Miserere. The soldiers of the faith also formed part of the procession, firing salutes on their arrival at determined places. The green cross being placed on the altar, the Dominicans remained watching it and at midnight sang matins, which being ended these were followed by masses performed without any interruption till six in the morn- ing ; and, as before noticed, the united con- gregations of St. Peter the Martyr, having placed the white cross on a pedestal on the north side of the burning-place, a guard of the soldiers of the faith remained to take care of it. So far may properly be called the triumph of religion. As soon as the procession was over and night had come on, the prisoners, who till then were scattered about in the houses of the familiars, on account of their numbers, as well as to avoid their communicating with SI 6 INQUISITION UNMASKED. [CHAP. IV. each other, were all collected into the secret prisons of the Supreme Tribunal of the city of Madrid. The respective sentences were notified to those condemned for execution, in order that they might prepare for death ; and in case any of the persons convicted of contumacy might wish to be converted, the court remained sitting the wliole night to give them hearing, and in fact two women were converted. The notification of the sentence was couched in the following words : " Brother, your cause has been seen by and submitted to very learned persons, men of great letters and science, and your crimes have been found to be of so grievous and black a nature that for the purposes of punishment and example, it has been deter- mined and ordained that to-morrow you shall die. Prepare and make ready for death, and that you may do this in a fit manner, two clergymen remain here to attend you."* At length arrived the day announced by the Inquisition and so impatiently expected by the common people, who are the more pleased with bloody spectacles because of their imaginations being less susceptible of delicate impressions. At three in the morn- * Olmo, n. 29. CHAP. IV.] INQUISITION UNMASKED. 317 ing the clothes and sanbenitos in which they were to appear were delivered out to the culprits, and their breakfasts were also handed to them. At seven the procession began to move in the following order. The soldiers of the faith came first and cleared the way; next followed the cross of the parish of St. Martin covered with black, and accompa- nied by twelve priests clothed in surplices and a clergyman with a pluvial cope; then came the prisoners to the number of one hundred and twenty, 72 of whom were v/omen, and 48 men ; some came forth in effigy and the re- mainder in person. First in the order of procession were the effigies of those con- demned persons who had died or made their escape, and amounting in all to thirty-four ; their names were inscribed in large letters on the breast of their effigies, and those who had been condemned to be burned, besides the coroza or cap on their heads, had flames represented on their dress ; and some bore boxes in their hands, containing the bones of their corresponding originals. In the anto of the faith celebrated at Goa in the year 1676, the effigies were carried upright and fixed on long poles, and the boxes containing 318 INQUISITION UNMASKED. [cHAP. IV. the bones were borne behind each.* The above were followed by eleven sentenced to do penance, having undergone an abjuration de IcEviy and among them the impostors and polygamists wore the coroza, and some of them ropes on their necks containing as many knots as they had been condemned to receive hundreds of lashes. Next came 54 who had been reconciled, the most guilty wearing a sanbenito with only one branch, and carrying in their hands, as did also the above, a yellow candle unlighted. Lastly came 21 prisoners condemned to death, each with his coroza and sanbenito corresponding to the nature of his crime, and the mos^ of them with gags on their mouths : they were accompanied by numerous familiars of the Inquisition in the character of patrons, and were besides each attended by two friars, who comforted the penitent and exhorted the obdurate. The whole of this part of the procession was closed by the high bailiff of Toledo and his attendants. The description does not say what the latter bore in their hands, but in the Auto celebrated in Mexico, in the year 1659, they carried a small wooden * Relation de I'lnquisltion ds Goa, chap, xxxii. CHAP* IV.] INQUISITION UNMASKED. 319 cross.* Behind the effigy of each culprit were also conveyed boxes containing their books, when any had been seized with them, for the purpose of also being cast into the flames.t The courts of the Inquisition fol- lowed immediately after, preceded by the secretaries of those of Toledo and Madrid, with a great number of commissaries and familiars ; among whom walked the two Stewards of the congregations of St. Petdl' Martyr, carrying the sentences of the crimi- nals inclosed in two precious caskets. So far the procession on foot. Next, on horseback, paraded the sheriffs and other ministers of the city, together with the chief bailiffs of the Madrid Inquisition.. Then came a long string of familiars, on horses richly and variously caparisoned, wearing the habit of the Inquisition over their own dress, the proper insignia on their breasts, and staffs raised in their hands. In succession followed a great number of ecclesiastical ministers ; such as notaries, commissaries, and qualificators, all bearing the same insignia, and mounted on mules * Rodrigo Ruiz de Zepeda, Relacion del Auto de la ^e celebrado en Mexico, a 19 de Nov. de 1659. t Regiraento do Santo Officio, lib. ii. tit. xxii. n. 9. 5 520 INQUISITION UXIVIASKED. f CHAP. IV. with black trappings. Behind them went the corporation of Madrid, preceded by the mayor and followed by the fiscal-proctor of the tribunal of Toledo, who carried the standard of the faith of red damask with the arms of the Inquisition and of the king, ac- companied by the proctor of the Royal Council and the oldest groom of the house- hold. Next came the inquisitors of the tribunals of Toledo and Madrid, paired oft' with the king's grooms, and afterwards the Supreme Council of the Inquisition accom- panied by the Royal Council and Board of Castile. Lastly came the Inquisitor General, placed on the right hand of the president of the council, an office at that time filled by the bishop of Avila. The Inquisitor General was dressed in a camail and mantelet, and seated on a superb bay horse with purple saddle and housings, ornamented with rib- bons and fringe of the same colour, and attended by twelve servants in livery. He was accompanied by an escort of fifty hal- berdiers dressed in black satin with silver galloons and lace, white and black feathers in their hats, and commanded by the Marquis dc Pobar as protector of the Inquisition of Toledo J who, making up for that rich show \^ NJ €HAP. IV.] INQUISITION UNMASKED. 321 and parade which was unfit for the nituation of the Inquisitor General, was mounted on a grey horse, wearing a saddle of massive silver with white and green furniture con- formable to his livery. He was clothed in a suit of black silk embroidered in silver, with diamond buttons, cockade, and insignia, and attended by eighteen livery servants. The whole of the procession was closed with the state sedan-chair and coach belonging to the Inquisitor General, together with other coaches in which were his chaplains and pages. " This triumphant procession,'* says Olmo, " was performed with wonderful silence ; and though all the houses, squares, and streets, were crowded by an immense concourse of people drawn together from a motive of pious curiosity, scarcely one voice was heard louder than another."* Vide Plate VIII. The stage had been erected on the side of the large square, facing the east, being one hundred and ninety feet in length, one hun- dred in breadth, and thirteen in height, forming a parallelogram with a surface of nineteen thousand square feet. The ascent to the stage was by two spacious flights of * Olmo, n. 154. VOL. I. Y 322 INQUISITION UNMASKED. [CHAP. IV. steps, placed in front at the two extremities. On the two sides, and facing each other, were constructed two flights of seats, of a length equal to the width of the stage, — the upper ones being nearly on a level with the second story of the houses of the square. The royal family occupied the centre angle of the theatre, and saw the whole cere- mony from a balcony of one of the principal houses j and the attendants belonging to the palace, together with the ambassadors of foreign powers, were seated in the con- tiguous ones. On the flight of seats situated to the right of the king the constituted authorities took their places ; viz. the corpo- ration of Madrid with several grandees and titled characters ; the councils j and, on the highest part, the Inquisitor General on a throne. The raised seats on the left were appropriated to the prisoners, who occupied the highest in proportion as their crimes were most grievous. In Mexico this part of the stage was usually semi-circular, sa as to form a more showy appearance, and rising in the form of a cupola or half-moon.* On * This appears from the account given of the auto of 15Q6, by Fray Juan ,de Torquenaada, in his Monarquia Indiana, lib.xix.cap, xxix.-^The same was also practised- CHAP. IV.3 INQUISITION UNMASKED. 82S the plane of the stage, a small distance from the centre, near the seats occupied by the tri- bunal and facing that of the king, an altar had been constructed with a pulpit on the Gospel side, leaving room for two inclosed areas which were formed by balustrades placed one before the other. In that nearest his majesty the royal guard was posted ; and in the furthest one, ranging aside the altar, were seated the families of the inquisitors'; and those who could not find room there were accommodated on other benches placed under the breast-work, which ran from one stair-case to the other, and crowned the whole front of the theatre. In the open space, ranging in the centre, a raised platform was constructed, and on it two bars, latticed round in the form of tri- bunes, where the prisoners remained standing whilst the recorders seated at two desks read their sentences to them. The whole was covered with a large awning to break the force of the sun, thus forming in the square a theatre sufficiently large for the conve- nience of such an immense concourse of people; who, in addition to the stage, occu- in the auto celebrated in 1649. Vide Diario de Mexico of 6th April, ISOT- Y2 S24 INQUISITION UNMASKED. [cHAP. IV. pied all the balconies of the four fronts of the buildings, as well as the remaining part of the square. Such was the exterior form of the theatre, which was besides adorned with rich carpets and hangings of crimson damask. Vide Plate IX. In the cavities or hollow parts under the raised seats several apartments were fitted up as prisons, and courts in which the culprits might be heard ; and also as rooms intended for the use of the preacher and officiating priest, in case any thing might happen to him during so long a ceremony. Places were likewise prepared as offices and refectory; where refreshments were provided for the inquisitors, as well as the other guests who might wish to partake of them. '* This grand piece of machinery," says our historian, " was finished on Friday the 28th of June, having only been commenced on the preceding 23d." " It appeared," adds he, " that God moved the hearts of the workmen, so as to overcome the great difficulties which occurred in the execution ; a circumstance strongly indicated by sixteen master-builders, with their workmen, tools, and materials, coming in unsolicited to offer their services to the overseer of the works j rbl.Z.X,u!e 3zn- CHAP. IV.] INQUISITION UNMASKED. 825 and all persevered with such fervent zeal and constancy that, without reserving to them- selves the customary hours for rest, and taking only the necessary time for food, they returned to their labour with such joy and delight that, explaining the cause of their ardour, they exclaimed in the following man- ner : ' Long live the faith of Jesus Christ ; all shall be ready at the time prescribed; and, if timber should be wanting, we would gladly take our houses to pieces for a purpose so holy as this.* "* The activity and zeal thus evinced by the people will appear still more astonishing if we reflect, that at no former period had the apathy of the nation been greater, or the decline of the Spanish empire more rapid. On the arrival of the procession at the thea- tre the prisoners ascended by the staircase nearest their destined seats ; but, before occu- pying them, they were all paraded round the stage, in order that their Majesties, who were already seated in their balcony, might have the satisfaction of viewing them near. The tribunals and persons invited then proceeded to take their respective seats, and the Inqui« sitor General ascended his throne. Before the * Olmo, n. 33 & 34, g26 INQUISITION UNMASKED. [CHAP. IV. commencement of the mass his excellency, clothed in his pontifical robes, approached the balcony of his Majesty, and ascending to it by six steps from the level of the s age, tendered to him the oath usually taken by kings on such occasions. Its form is as follows : " Your Majesty swears and promises on your royal faith and word that, as a true Catholic king chosen by the hand of God, you will with all your power defend the Catholic faith which our holy mother the apostolic Church of Rome holds and believes, as well as the preservation and increase thereof; and will persecute, and command to be perse- cuted, all heretics and apostates opposed to the same ; and that you will give, and com- mand to be given, to the Holy Office of the Inquisition, and also to the ministers thereof, all aid and protection, in order that heretics, disturbers of our Christian religion, may be seized and punished conformably to the laws and holy canons, without any omission on. the part of your majesty or exception in favour of any person of whatsoever quality lie may be," &c.* Let it be here observed, that the Inqui- * Olrao, n. 169. eHAP. 17.] INQUII5ITI0N UNMASKED. S27 sition requires of the king that he afford to its ministers all aid and protection, in order that heretics may be seized and pu- nished, not only in conformity to the canons but also agreeably to civil law. Nothing more is said of the ceremony which accom- panied the oath on this occasion. In the auto celebrated in Valladolid on the 8th of October, 1559, at which Philip II. was present, the Inquisitor General, an office at that time held by Don Fernando de Valdes, rising up, demanded of the king to continue bestowing his aid on the tribunal in these words : " Domine adjiwa nos,'^ (Lord, con- tinue to help us) when the King, also in a standing posture, grasped his sword and unsheathed part of it, thus testifying his readiness at all times to aid the tribunal ; a pledge which, unfortunately for humanity and without any advantage to religion, he more than faithfully fulfilled.* Mass being commenced and the Gospel ended, the oldest secretary of the tribunal of Toledo read from the pulpit the form of the oath taken by the mayor of the city of Madrid, as well as by all the people. In * Diego de Colmenares, Historia de Segovia, cap. xlii. ^ iii. 528 INQUISITION UNMASKED. [CHAP. lY, other autos it has likewise been customary to read to the people, translated into Spanish, the bull Si de protegendis, issued by Pius V. against those who obstruct the free use of the Inquisition or interfere with its mini- sters. A sermon was then preached in the gerundian* style by a Dominican friar, quali- ficator of the Supreme Council of the Inqui- sition and preacher to the king. The text was taken from the favourite verse of the Inquisition, " Edurge, Domitie, judica cau- sain tucmi.'* In the exordium the preacher com.pares this tribunal, because of judging its culprits in secret and condemning them in public, to that of God in his particular as well as universal judgment. He then inculcated the obligation imposed on kings to defend the faith; and, without establishing any particular point, after lamenting and complaining of the alienation of mind to which human reason is exposed, he pro- ceeded to refute, with trivial arguments, the * Father Isla wrote a work to ridicule pompous and affected preaching, by exhibiting the life and studies of one of these bombastic pulpit-orators, whom he calls Father Gerund, and hence the above term is taken. Barretti translated the first volume of this work into English.— Tr. CHAP, IV.] INQUISITION UNMASKED. 329 doctrines of the Jews, heretics, and Maho- metans ; for of these three classes were the prisoners on the stage. In his epilogue he felicitated the Spanish monarchy on the purity of its belief, and promising to it abundant prosperity, he ended by the fol- lowing apostrophe to the tribunal of the Inquisition : " And thou, oh ! most holy Tribunal of the Faith, for boundless ages may*st thou be preserved, so as to keep us firm and pure in the same faith, and promote the punishment of the enemies of God. Of thee can I say what the Holy Spirit said of the Church : *' Pulchra es, arnica mea, siciit tabernacula Cedar, et sicut pelles SalomonisJ* (Thou art fair, my love, as the tents of Kedar, as the sightly skins of Solomon.) " But what parallels, similies, or com- parisons are these ? What praise, or what heightened contrast, can that be which com- pares a delicate female, an unequalled beauty, to the tents of Kedar and the spotted skins of Solomon ? Saint Jerome discovered the mystery, and says, that the people of Kedar being fond of the chase therein took great delight; and, for this purpose, had always their tents pitched in the field; on which. 330 INQUISITION UNMASKED. [cHAP. IV. in order to prove the valour of their arms, they spread the skins of the animals killed in the chase, and hung up the heads of the wild beasts they had slain. And the said people of Kedar were so proud and boastful of these their trophies that they prized them as their greatest ornaments ; this was the greatest beauty of their tents, to this the Holy Spirit compares the beauty of the Church, and this is also to-day the glory of the holy Tribunal of the Faith of Toledo : Sicut tahernacula Cedar i sicut pelles Salomonis. To have killed these horrid wild-beasts and enemies of God whom we now behold on this theatre, some by taking life from their errors, reconciling them to our holy faith, and inspiring them with contrition for their faults ; others by condemning them through their obduracy to the flames, (here the orator openly and with- out any disguise confesses that the Inquisition condemns to the flames) where, losing their corporeal lives, their obstinate souls will im- mediately go to burn in hell ; by this means God will be avenged of his greatest enemies, dread will follow these examples, the Holy Tribunal will remain triumphant, and we ourselves more strongly confirmed and rooted in the faith j which, accompanied by grace CHAP. IV.] INQUISITION UNMASKED. S31 and good works, will be the surest pledge of glory," &;c.* The above extract will be sufficient to convey an idea of the rantings of this extra- vagant piece, and at the same time to mani- fest the spirit of the tribunal in the words of Us own orator. In it may chiefly be seen the ostentatious language adopted and the dis- dain with which tlie culprits are treated. The tribunal was well aware that no one of them, even of those who were without gags on their mou^^hs, would have dared to make answer; or at least that he would soon have been silenced had he ventured so far. Such a string of incoherences, nevertheless, deserved a refutation similar to the one drawn up for another sermon preached by the archbishop of Cranganor at the auto of the faith cele- brated at Lisbon, in the year 1705, when several Jews were brought forth. This re^ futation was composed by a Jewish writer from a place where he was no longer exposed to danger. In it, after inserting the sermon in its original Portuguese, and remarking the petulant tone in which it is written, he demonstrates the groundless charge alleged against them of having adulterated the * 01mo,n.l37. 832 INQUISITION UNMASKED. [CHAP. IV. Scriptures, the little knowledge of Hebrew literature usually possessed by those Chris- tians who, from their state and character, ought not to be ignorant of it ; and the un- fair manner in which they distort various passages of the said Scriptures, as well as various sentences of the Rabbins, and then adds: " I appeal to the learned and un- prejudiced men living in countries wherein it is not necessary to circumscribe one's ideas to a set of ignorant inquisitors, and ask whether such language is not more befit- ting to a theatre than a pulpit ? They call us blind because we refuse to submit our reason to an ill-founded allegory ; yet what ought those people to be called who take part of a chapter or verse without noticing the other part which exhibits the genuine sense ? Does the preacher conceive that he can thus pro- duce conviction in the mind of any Jew ? far from it, he fortifies him in his belief. But instead of our acting as the Inquisition does, which prohibits all works tending to attack the Catholic religion, we reprint those written against ours ; and we explain them to our children, in order that they may be satisfied of the truth of our reasons and the fallacy of the others, and see to what 7 CHAP. IV.] INQUISITION UNMASKED. 3S3 a number of artifices they are obliged to r^cur." * As soon as the sermon was ended they proceeded to the reading of the trials and sentences, beginning with those which had the greatest weight of guilt, viz. the persons who had been condemned to die. The sen- tences were read at full length ; but the parts of the accusations containing least in- terest were suppressed. This part of the ceremony, during which one man and a woman were converted, was not concluded till four in the afternoon ; when those con- demned to death were delivered over to the civil magistrates ; and, whilst the latter pro- ceeded on to the place of execution and met their final end, the reading of the pro- ceedings continued, as well as the abjurations of those who had been reconciled. The description of the Mexico auto of the faith exhibits in a practical case the ceremony by which deceased ecclesiastics are degraded, * Respuesta al Sermon predicado por el Arzobispo de Cranganor en el Auto de Fe celebrado en Lisboa en 6 de Setiembre de 1705, por el Autor de las Noticias reconditas de la Inquisicion. The place where the work was pub- lished is not mentioned, but it appears to have been in London. 334 INQUISITION UNMASKED. [cHAP. IV. and is in the following words: " What moved most pity and compassion was the unhappy case of the priest Don Jose Brunon de Vertiz, (guilty of various heresies, he having died in the prison in a state of im- penitence) whose effigy, the sentence being read, v/as stripped of its clerical robes by the oldest curate of the cathedral, Don Jacinto de la Serna, and afterwards clothed in a secu- lar dress. He then cast it to the ground and kicked it, as one deprived of so holy a state. The ministers of civil justice then placed on the effigy all the insignias of one condemned, in order to deliver it over, together with the corresponding bones, to the flames. The mass, though not sung, lasted till half past nine at night, and with it ended the grand exhibition of the large square ; when those who had been absolved returned to the prisons of the Inquisition. I conceive it to be understood that the stage was illumi- nated whenever night came on before the tribunal had ended the procession of the green cross, or whilst the mass of the auto of the faith was performing. In Mexico the cross arriving just at the approach of night, the latter, according to the description, was converted into the most clear day, through CHAP. IV.] INQUISITION UNMASKED. 385 the number of torches and other lights blazing in such abundance that the theatre presented the appearance of a starry heaven. The patient constancy with which Charles II. assisted at the above celebration of the auto is really astonishing ; for, though the cere- mony was so extremely long, he never quitted the balcony once, not even to partake of any refreshment ; nay the time appeared to him so short that, when all was over, he asked if any thing remained to be performed, and whether he should return. With regard to the preparations made by the inquisitors for refreshments, the above author adds, " that as the auto de fe was to last the whole day, and was expected to be extremely laborious and fatiguing to the ministers of this holy tribunal, in consequence of its length, it was arranged, in case any one assisting at the ceremony should require nou- rishment or refreshment during such a number of hours and the oppressive heat of the sun, that commissaries should be named to pro- vide food and drink for the officers and ministers of the holy office who had come from afar, as well as for the congregations of Madrid and Toledo, and the other persons employed on that day in the ceremony. 336 INQUISITION UNMASKED. [CHAP. IV. TIlis was done with such care and prudence that not only sufficient refreshment was pro- vided for the ministers, but also for every one else. The treasurers of the Inquisition, and proportionably the ministers of the con- gregation of St. Peter, contributed liberally towards so considerable an expense."* The banquet given by the Viceroy at the auto of Mexico, in the year 1659, was not less splendid and costly. The prisoners personally condemned to death amounted to nineteen ; thirteen men and six women, principally of the Jewish persuasion. They were conducted to the gate of Fuencarral mounted on mules with packsaddles, preceded by thirty-two effigies, two being left behind belonging to recon- ciled persons who had died in prison. Of those personally condemned for execution, eleven were im penitents ; viz. eight obdu- rates, and three convicted but refusing to confess ; ')f whom five were converted on the road> so thar, six were burnt alive in addition to thirteen who had been previously hung, Tiie burning place was sixty feet square and seven high; and consequently sufficiently * Olmo, n. 18. CHAP. IV.] INaUISITION UNMASKED. 337 capacious when twenty stakes with their corresponding rings had been fixed thereon, conformably to the orders given by the in- quisitors to the civil magistrates for adequate justice to be done. Some were previously strangled, and the others at once thrown into the fire, " without its being necessary," as Olmo observes, " to excite horror or recur to violence by making use of any other more improper and bloody process." This is, if I understand right, that it was not necessary for the officers to cast them into the flames. Nevertheless the executioners, impelled by their indiscreet zeal for the faith, attempted to exceed their orders with regard to some of the malefactors ; but the latter denied them this satisfaction by throwing themselves of their own accord into the flames. Our histo- rian, adverting to this incident, and well aware how much the Inquisition, or at least religion, must have been foiled by such an occurrence, thus expresses himself: " Unwary persons may perhaps be staggered at some of the prisoners throwing themselves into the fire, as if true valour was the same as a foolish bru- tality and culpable disregard of life, followed by eternal condemnation."* More objections * Olmo, n. 191. VOL. I. Z S38 INQUISITION UNMASKED. [CHAP. IV. arise on this subject than would easily be dis- covered at first sight j but of this we shall speak in another place. (Vide Plate X.) The ministers then cast the bodies of those who had been hung into the fire, together with the effigies and bones of the deceased, adding more fuel till all was converted into ashes j which was about nine in the morning. It may be most necessary to advert, that the death of the prisoners was officially witnessed by one of the secretaries of the tribunal, in order to certify to their execution.* Two days afterwards six of those who had been condemned to do penance were flogged. Among them was one woman 5 and another was held up to public shame. Such was the form and solemnity of this auto de fe, the largest and most splendid ever known, if we consider the concurrence of circumstances which attended it ; such as the great number of prisoners and the variety of their punishments, as well as its having been presided over by three tribunals of the Inquisition j one of which was the Supreme Council, together with the Inquisitor General; and attended by all the king's court and grandees. Such, in short, has been the * Olmo, n. 147. CHAP. IV.] INQUISITION UNMASKED. 3S9 method observed by this tribunal in the exercise of its judicature j and it only re* mains for m.e to add, as I have already noticed, that the prisoners not conducted to the stake have an oath imposed upon them, and are placed under excommunication and other arbitrary restrictions to observe an eternal silence respecting every thing that has happened, or that they may have seen or heard during their imprisonment.* I ought also to add, that the houses wherein dogma- tisers have held their meetings are pulled down to the ground.t This was done in * Compilacion de Instrucciones, n, 58. — Orden de Pro- cesar, fol. 37. t Constitutiones Innocent! IV. contra haereticos, in- serted by Eymeric in his Directory, towards the end. — A tribunal so monstrous as the Inquisition has always been could not escape the penetration of the immortal author of Don Quixote, nor was it possible for him to abstain from employing some of his labours in order to hold it up to ridicule. Thus do we find him impugning this establishment, not in a slight and hasty manner, but at considerable length and in his usual tone ; and though I am not av/are of any one having before pointed out this coincidence, I hope there is no one who, comparing the description given by him with the one just sketched, will fail to be convinced of the truth of my observation. As beyond doubt this was the most interesting, though at the same time the most dangerous point of all those which Z2 840 INQUISITION UNMASKED, [CHAP. IV. Valladolid with the dwelling of Agustin Cazalla, a canon of Salamanca and preacher form the objects of his criticism, he was induced to reserve it for the last part of his labours, where it might serve, if we may be allowed the expression, as a species of finish ; since, by placing it there, the favourable reception the first part of his work had received from the public might dimi* nish the danger to which he would otherwise be exposed. Cervantes (part ii. chap. Ixii.) referring to the enchanted head in possession of Don Antonio Moreno of Barcelona, at that time Don Quixote's host, commences by pointing out the ignorance of the Inquisitors, whom he expressly names, and describes as being possessed of the same cre- dulity as the common people themselves, though apparently indicating the reverse, since it became necessary for Don Antonio to explain the secret of the whole machinery, in order to prevent the consequences of an information being lodged against him. The text is thus : " It was divulged all over the city that Don Antonio kept an enchanted head in his house, which answered to every one who interro- gated it, and fearing least it should come to the ears of the watchful centinels of our faith, on explaining the whole mystery to the gentlemen of the Inquisition, they ordered him to break it in pieces and not suffer it to be used any more, for fear the ignorant vulgar should be scandalized,'* After this pointed remark, our author proceeds to con- sider the tribunid of the Inquisition in itself, commencing by its exterior parade, such as the unexpected and silent arrest of the culprits represented in that of Don Quixote and Sancho by the servants of the Duke ; also the auto de fe under the allegory of the feigned funeral of Altisidora, one of his damsels, and which was celebrated in the court- CHAP. IV.] INQUISITION UNMASKED. 341 to Charles V., who was burnt for being a Lutheran j and also in Coimbra with the house yard of the Duke's house ; this being an adventure that may be considered as the most curious and important of any contained in his history, in consequence of the abuses therein criticised being at the same time the greatest. This arrest is thus described in chap. Ixviii. : " At the decline of afternoon they (Don Quixote and his Squire) discovered as many as ten men on horseback and four or five on foot, advancing towards them. Don Quixote's heart was struck with surprise, and Sancho's with fear, for the party coming up bore lances and targets, and pro- ceeded onwards in very warlike array, * * * The horsemen came up, and couching their lances, without speaking a single word surrounded Don Quixote and pre- sented their arms to his back and breast, threatening to kill him. One of those on foot, putting his finger on his mouth as a signal for him to be silent, seized bold on Rozinante's bridle, and drew him out of the road, the others on foot driving Sancho and Dapple before them ; when all keeping a marvellous silence followed tlie steps of the conductor of Don Quixote, who several times had a mind to ask whither they were carrying him, or what they wanted; but no sooner did he begin to move his lips than they threatened to close them with their weapons, and the same also befel Sancho." He then proceeds to display the very same idea that the Inquisition practically manifests in the manner of effecting its arrests, which is, to treat all prisoners as it would monsters of iniquity whose crimes were compli''"ly proved. " The night closed," he says, " they men' ■ their pace, and the prisoners* fears increased the :>) ■ 342 INQUISITION UNMASKED. [CHAP, ^. of Antonio Homem, canon of the cathedral church and professor of the canon-law in tha when they heard their keepers from time to time call out to them : Get on, ye Troglodytes ; hold your peace. Barbarians; endure, ye Anthropophagi; complain not, ye ScythianB; open not your eyes, ye murdering Poly- phemuses, ye butcherly lions ; and other such names as these, with which they tormented the ears of the miserable master and man. Sancho went along saying to himself* I do not like these names at all, this is winnowing our cora by a bad wind indeed ; all our ills come upon us together, like kicks to a cur ; and would to God what this unfor- tunate adventure threatens may end in no worse fare! Don Quixote went along wrapt up in astonishment, unable to conjecture, however he reasoned with himself, what could be the meaning of all these names, from which ho was only able to conclude, that no good was to be ex- pected, but much harm to be feared," — He in fact expresses how dreadful this tribunal is for him who falls into its hands, notwithstanding the epithets of Holy, and Uie other vain and outward forms it seeks to affect. He then says, *' Near an hour after night-fall they arrived at a castle, which Don Quixote soon knew was the Duke's, where he had so lately been. God help me, says he, as soon as he recognised the place, what can be the meaning of this ? Most assuredly in this house, all is courtesy and good usage ; but to the vanquished, good is turned into evil, and bad into worse." He then passes on to describe the auto de fe, (chap. Ixix.) first pourtraying the entry of the prisoners with their escort into the main square. " The horsemen alighted, and aided by those on foot, taking 3ancho and CHAP. IV.] INQUISITION UNMASKED. 348 university of that city, who was burnt on account of practising Jewish rites ; and Don Quixote bodily and forcibly up, they carried them into the court-yard, round which were burning nearly an hundred torches placed in stands, and more than five hundred lights about the galleries of the court, insomuch, that in spite of the night which had rather a dark appear- ance, the want of day Avas hardly felt." He then proceeds to describe the order and appearance of the square, the distribution of seats for those who attended the auto, de- lineating before all, and as a principal object, the altar of the green cross, in the following words : " In the middle of the court was raised a tomb about two yards above the ground, covered all over with a large canopy of black velvet, round which, on its steps, were burning tapers of white wax in more than an hundred silver candlesticks ; and on the top of the tomb was seen the corpse of so beautiful a damsel, that her beauty made death itself ap- pear beautiful, &c." He then describes the place which the tribunal occupied, with all the appendages of royalty, together with the magistrates in attendance. " On one side of the court was placed a theatre, with two chairs, on which were seated two personages, (whom, as we shall afterwards find, were the two judges of the infernal re- gions, Minos and Rhadamanthus) who by the crowns they had on their heads and sceptres in their hands, gave sign$ of being kings, either real or feigned. • * * Two great personages, with a numerous attendance, next ascended the theatre, whom Don Quixote presently knew to be the Duke and Duchess, his late hosts, and they took their seats in two richly ornamented chairs, near to those who had the appearance of kings.'* 344 INQUISITION UNMASKED. [cHAP. IV. near both inscriptions were affixed, which still subsist. He likewise depicts the raised seats occupied by the culprits, the dress in which the inquisitors bring them forth ; as well as the harshness with which they are treated when they do not conduct themselves with due submission. — " On the (opposite) side of the theatre, to which the ascent was by steps, stood two other chairs, on which those who brought in the prisoners placed Don Quixote and Sancho. All this was done with profound silence, and the prisoners were given to understand that they were in like manner to hold their tongues. * * * At this juncture an officer crossed the stage, and coming up to Sancho, threw over him a garment of black buckram, painted all over with flames of fire, and taking off his cap, placed on his head a caroza or tall pasteboard mitre, after the fashion of those worn by persons condemned to do penance hy the Holy OtBce, bidding him in his ear not to unsew his lips, for if he did they would clap a gag in his mouth, or kill him." The criticism that next follows is converted into open satire, levelled at the cruel sport which, added to terror, the Inquisition excites in the people, by presenting to them the hapless culprits in ludicrous dresses covered with puerile hieroglyphics, whilst they are led to the place of execution or condemned to a painful state of suffering. — " Sancho viewed himself from top to toe, he saw himself blazing in flames, but as they did not burn him he did not care a farthing. He took off his mitre, saw it painted all over with devils ; he put it on again saying within himself, It's well enough yet, for those neither burn me, nor these carry me away. Don Quixote also surveyed himself all over, and though fee/ had CHAP. IV.] INQUISITION UNMASKED. 345 It is high time for us to examine the vahie attached to the protest, deprecation, suspended his senses, he could not help smiling at seeing Sancho's figure." In order to complete the picture he likewise alludes to the mass and sermon. — '• And now, seemingly from under the tomb, issued a low and pleasing sound of flutes, which not being interrupted by any human voice, for Silence herself kept silence there, the music sounded both soft and amorous. Then on a sudden, and near the cushion of the seemingly dead body, appeared a beautiful youth, clothed in a Roman habit, who, to the sound of a harp played by himself, in a most sweet and clear voice sung the two following stanzas." So far Cervantes has considered the Inquisition according to its outward appearances : in what follows he contemplates its object, and censures the great contrariety so remark- able in the means it employs to attain its ends. This defect is the most glaring in the torments administered, since by these it wrests confession from the culprits, under a belief that the faith would thus revive in them. He pro- ceeds in these terms : " One of the supposed kings then exclaimed, Oh Rhadamanthus ! who with me judgest in the dark caverns of Pluto, since thou knowest all that is determined in the inscrutable destinies of fate about this damsel returning to life, speak, and declare it instantly, that the happiness we expect from her revival may not be delayed. Scarcely had Minos, judge and companion of Rhadamanthus, spoken these words, when Rhada* manthus rising up, said: Come on ye officers of this household, high and low, great and small, repair here one after another and fillip Sancho*s face with four-and-twenty twtches, and his arms and sides with twelve pinches and S46 INQUISITION UNMASKED. [CHAP. IV. or whatever else it may be called, which the inquisitors make on delivering the prisoners six pricks of a pin, for in the performance of this cere- mony consists the restoration of Altisidora. On hearing this Sancho Panza broke silence and said : I vow to God I will no more let my face be filliped, or my flesh handled, than I'll turn Turk. Body of me ! what has handling my face to do with the resurrection of this damsel ! * * * Altisidora dies of some disorder God pleased to send her, and she is now to be brought to life again by giving me four-and-twenty twitches, by turning my body into a pin- cushion, and pinching my arms black and blue." After this he points out the despotic tone with which the inqui- sitors check those who reproach them for their falsity of opinions, or the inconsistencies of their mode of judicial process. — " Thou shalt die then, cried Rhadamanthus, in a loud voice ; relent, tiger ; humble thyself, thou proud Nimrod ; endure and be silent, for no impossibilities are demanded of thee, and do not meddle thyself in examining the difficulties of this business. Thou shalt be twitched, thou shalt see thyself pricked, and thou shalt groan under thy pinches. Come on then, I say, officers, comply with my commands ; if not, on the faith of an honest man, you shall see what you were born to." Cervantes afterwards laughs at the fatuity of the judges themselves, and others of their class, who, when the cul- prit, in despair and worn out with sufferings, in order to rid himself of their importunities and ill-treatment con- fesses himself guilty, rejoice among each other the same as if they had really obtained his conversion. These are his words: ** What he (Sancho) could not bear was the pricking of the pins, and so up he started from his seat, CHAP. IV.] INQUISITION UNMASKED. S47 over to the civil magistracy for execution. I am not ignorant that, after the discipline peevish with being jaded, and seizing hold of a lighted torch that was near him, he laid about his executioners, saying, Avaunt, ye infernal ministers, for I am not made of brass to be insensible to such extraordinary torments. Upon this AUisidora, who could not help being tired with lying so long on her back, turned over on her side, which the by-standers perceiving, almost all with one voice cried out — Altisidora is alive ! Altisidora lives ! &c." He then speaks of the lashes to which those were usually con- demned who escaped from the flames by means of a forced confession. — " As soon as Don Quixote saw Altisidora stir he went and knelt down before Sancho, saying to him : Now is the time, dear son of my bowels rather than my squire, to give thyself some of those lashes to which thou standest pledged, in order to procure the disenchantment of Dulcinea. This, I repeat, is the time, now that thy virtue is seasoned and efficacious enough to operate the good expected from thee. To which Sancho answered : This seems to me to be reel upon reel, and not honey upon fritters. It would be well enough that after twitches, pinches, and pin-prickings, lashes were also to follow. You have nothing more to do than to take a large stone, tie it round my neck, and at once fling me into a well. &c." Following up the same strain, our author next turns his attention to the imaginary triumphs of the Inquisition, and in a tone of ridicule he observes : " By this time Altisidora had seated herself upright on the tomb, and at the same instant the trumpets sounded, ac- companied by flutes, and the voices of all cried aloud, long live Altisidora! long live Altisidora! &c." He 348 INQUISITION UNMASKED. [CHAP. IV. of the church had decHned, custom retained certain formahties by which, if its ancient then concludes by alluding to the sanbenitos or penitential garments, with which, like so many spoils, the Inquisition has decorated the temples. " The Duke ordered it to be taken ofFhim (the penitential mitre from Sancho), his cap to be returned, and that they should put on him his own doublet, instead of the garment of flames. Sancho re- quested ^the Duke to allow him to keep the mitre and frock, as he was desirous of carrying them home to his own country, in token and memory of so unheard of an adventure." It is therefore no longer dubious that in the above part of his work Cervantes writes a complete, and not very disguised, satire on the proceedings of the Inquisition, It is not possible for his intention to have been any other, when, in spite of the terror its name inspires, he thence derives the idea of a farce, (for this fable deserves no better a name) the leading parts of which are performed by two as ridiculous personages, as the most playful imagination could possibly invent. But our incomparable writer is not even content with these jeers ; he still carries them on as far as his waggishness could venture. Thus does he make Sancho (chap. Ixxiii.), after rigging out his ass with the sanbenito and coroza, or the penitential garments he had hoarded up from the Duke's, enter into his native village quite proud, and bearing as it were in triumph what the Inquisition calls its trophies. — " They (Don Quixote and Sancho) proceeded on their way, and at the entrance of the village, on a little lawn, they met the curate and bache- lor Carrasco, reciting their prayers. Now be it known that Sancho Panza had thrown over Dapple and over hia CaAP. IV.] INQUISITION UNMASKED. 34^ rigour is not maintained, appearances are at least saved. But on this account it would bundle of arms, instead of a sumpter-cloth, the buckram tunic painted with flames of fire, which he had worn at the Duke's castle the night of Altisidora's revival. He like- wise fixed the mitre on Dapple's head; insomuch that never was an ass so well metamorphosed and adorned before. They were soon recognised both by the curate and bachelor, who met them with open arms, Don Quixote alighted and embraced them closely ; and the boys, who are like lynxes and never behind-hand, spied the ass's mitre, and flocked to view him, saying to one another. Come, boys, and you shall see Sancho Panza's ass finer than Minso, and Don Quixote's beast leaner now than ever," I do not see what more could be said or desired. If, notwithstanding all this, any one should deny that Cervantes intended to criticise the Inquisition, it would also be necessary for him to deny that the " History of Don Quixote " contains any burlesque whatever; in which case, contrary to the great and merited reputation it has acquired, this work would be equally as devoid of meaning as those of chivalry therein satirized. It is consequently undeniable that he impugns the Inquisition, by thus drawing its picture, as he flatters himself, (in chap.lxx.) " with all its paraphernalia, so well and so like life, that there is but little difference between that and the truth." It is besides clear, that he takes particular pains to represent the inquisitors, amidst their studied gravity and parade, as ignorant and despicable as the culprits could wish, by introducing for this purpose Cid Hamete Benengeli, whom he considers as the first historian of Don Quixote, and who affirms, " that in his opinion, the mockers were M mad the mocked." 350 INQUISITION UNMASKED. [CHAP. IV. not be the less absurd to pretend that this supplies the place of the efficacious inter- cession of the ancient bishops in favour of condemned persons ; or that the want of lenity is atoned by a sterile or rather irriso- rious deprecation like that of the inquisitors. Besides being ridiculous, it is also fruitless ; since, being directed to a magistrate who has no power to deviate from the law by a tri- bunal awing and threatening him if he does not comply therewith, it is, properly speak- To what has been ah-eady said we have only to add one short observation, v/hich strongly confirms all we have here established. This is, that Cervantes was pos- sibly induced to satirise the tribunal of the Inquisition, owing to the vanity of a dull competitor he had in Avel- laneda to whom he pointedly alludes in his prologue, (part ii.) and boastingly tells us was a minister of the Holy Office; undoubtedly for no other purpose than by way of a jibe. For this reason our author, who in other parts of his work appears peevish with the Inquisition, at the con- clusion covers it with ridicule, either by treating the establishment with contempt, or causipg Altisidora, from the funeral monument on which she was laid, to behold the devil in the infernal regions playing at tennis with the said minister's book. Thus do we find Cervantes taking leave of his own work by proclaiming his victory over the Inquisition, as one of the greatest abuses he had attempted to criticise ; and over its minister above named, as the most envious and fastidious of all his enemies. CHAP. IV.] INQUISITION UNMASKED. S51 ing, a wicked mockery of the culprit and an insult to suffering humanity. We may even add more. The inquisitors cannot sincerely intercede for a convict without acting con- trary to the canons, which under the penalty of excommunication, as well as of all other censures within their reach, urge that heretics should be soon and unavoidably punished. Innocent IV. in the short space of three years, from 1252 to 125.5, issued six bulls commanding the inquisitors to watch over the exact observance of the edict of Frederick II. which imposes capital punishment on heretics, inserting it entire in one of his own decrees, in order that no one might plead ignorance as an excuse. And, as if the cruel intolerance of the Roman see was not sufficiently known by such repeated regula- tions, the same was afterwards inculcated under similar penalties by Alexander IV. in 1258, Clement IV. in 126S, and Innocent VIII. in I486.* Besides this, let the form under which the convicts are delivered over to the civil ma- gistrate be what it may, it is the intention of the Inquisition to command that they should * " Litterse Apostolicse pro Officio S. InquisitionJs,'* placed at the end of the Directory of Eymeric* 352 INQUISITION UNMASKED. [CHAP. IV. be executed without delay, as may be seen not only from the oath it exacts of kings amidst the solemnities of an auto de fe, but also by that tendered to the magistrates of every city and town where the tribunal is instituted. It is as follows : " We swear and bind ourselves that, whenever we shall be commanded by you the said inquisitors, or any of you, to execute any sentence or sentences against the persons of the said (heretics and their believers, receivers, and abettors) without any delay we will do and comply with the same in the way and manner prescribed by the sacred canons, and the laws which treat on this subject.'* * It ought not however to be supposed that this exaction of an oath is reduced to a sim- ple mandate ; it besides implies the threat of a penalty equal to what is suffered by those who impede the free exercise of the tribunal. This may be seen by the following regulation contained in the ordinances of the Portuguese Inquisition : " If any person, of whatsoever rank or pre-eminence he may be, should make any statute, decree, or constitution, obstructing the jurisdiction of the Holy Office the inquisitors shall oblige him? hy * Ordeu de Procesar, fol. 74?. 4 CHAP. IV.] INQUISITION UNMASKED. 353 means of ecclesiastical censures, to revoke the same ; which if he should refuse to do, they shall proceed against him as an impeder of the ministry of this tribunal, and condemn him to the penalties imposed by the apos- tolical briefs. They shall, in like manner, proceed against such ministers of justice as refuse to execute the sentences of those condemned by the Holy Office, in conformity to the brief of Leo X.'* * On the other hand, the inquisitors, as we have already shown, send one of their secretaries to accompany the convicts to the burning-place, in order to promote the execution of the sentence by means of their presence. What then can be the meaning of this deprecation used by the "'. * Regimento do Santo Officio do anno 1640, lib. iii. tit. xxi. n. 5 e 6. " Fazendo alguraa pessoa de qualquer estado e preeminencia que seja estatuto, decreto ou constitui9ao que impida a jurisdic9ao do Santo Officio, os inquisidores a obrigarao eom censuras a que os revoque, e nao o querendo fazer, se procedera contra ella como contra impediente do ministerio do Santo Officio, e sera con- denada nas penas impostas neste cazo pelos breves apostolicos. E bem assi se procedera contra os miuistros de justiga que nao quizerem dar a execu9ao as senten9as dos condenados pelo Santo Officio seguD a forma do breve de Leao X." vox. I. 2 A 354 INaUISITION UNMASKED. [cHAP. IV. inquisitors ? What can be its object, unless it is to cover this relaxation from ancient discipline, as well as this theological deception, Avith an hypocritical and mean disguise ? Is this in reality any thing else than to turn the meekness of the Gospel into a farcical virtue ? Let the friends of the Inquisition explain what hypocrisy is, if this does not deserve the name. It was natural to expect that so absurd a practice would not remain unnoticed, or fail to become an object of reproach against the Catholic church on the part of the Pro- testants, ever ready to stickle at her defects. Hence therefore do they derive an argument which, our own celebrated writer Alphonso de Castro, archbishop-elect of Santiago and one of the fathers of the Council of Trent, upholding the penalty of delivery over to the civil magistrate as just, endeavours to refute. " The Lutherans pretend," says he, *' that the bishops and inquisitors, by deliver- ing up culprits to the civil magistrate, act like the priests of the Jews, who, being the real cause of the death of our Saviour, answered Pilate, when urging them to judge him according to their own law, that this did not allow them to kill any one." This is CHAP. IV.] INQUISITION UNMASKED. B55 in substance the objection which the above author pretends to satisfy in the following words : " Blinded by a spirit of opposition and malignity, the Protestants are deceived in this as well as in other points. The Phari- sees and priests of the Synagogue killed Christ by their tongues when they were un- able to do it with their hands, bringing upon him death in a thousand forms. The ecclesi- astical judges however proceed in a very different manner ; for, after condemning the heretic, they declare him no longer subject to their jurisdiction, since by his crime he had separated from the Church, and become subject to the lay power alone. Besides, when they deliver him over to the secular arm they do not demand that his life be taken away, nor affirm that he is guilty of death ; so that, if the magistrate were to refuse to take his life away, they do not on this account oblige, or in any manner solicit, him to do it ; but, on the contrary, they beseech him not to punish the victim with the penalty of blood. And, as this is most certain and notorious to the whol6 Christian world, it is astonishing that the assurance and unbridled calumny of the Lutherans should reach to such a pitch as to compare 2 a2 356 INQUISITION UNMASKED. [CIIAP. IV. Catholic priests to those of the Jews, when the difference between them could not possi- bly be greater." * No one, however prejudiced he may be in favour of the Inquisition, will be satisfied "with this answer, or consider the difficulty as overcome ; since, besides the inaccuracy with which this author explains himself, and the little knowledge he manifests respecting the usages of the tribunal, it is evident that he never once took into consideration the decrees of the popes already quoted. Not that I here wish to confirm the comparison above made between the protest of the Inqui- sitors and the criminal conduct of the priests who promoted the death of Christ in the tribunal of Pilate : I am fully aware that such a proposition constitutes one of the articles of John Huss, condemned by the Council of Constance ; with whose decision I am the more ready to accord, inasmuch as I have already asserted that in the Inquisition all the judges have not been indistinctly bad. Nevertheless I must candidly insist that the argumentative reasons with which I proved the frivolity and hypocrisy of the deprecation * Alfonso de Castro, De justa hsereticorum punit. lib. ii. pap. xiii. CHAP. IV.] INQUISITION UNMASKED. 357 above alluded to are still the same, and retain their whole force and vigour.* * The xiv. article of John Huss contauis these words : *' Doctores ponenteSy quod aliquis per censuram emendaiiduSy si corrigi noluerit,judicio sesculari est tradendus, pro certo sequiintur in hoc Pontijices, Scribas. et Pharisceos, qui Christum nolentem eis ohedire in omnibus, dicentes : Nobis non licet inierficere quemquam, ipsum sceculari judicio iradidenmt, eo quod tales sunt homicides graviores quam Pilatus.'* Sess. xv. There can be no doubt that this proposition, in the terms in which it is conceived, con- tains an error. If Alphonso de Castro, notwithstanding his great science and his treating the subject in a masterly manner as well as at full length, was so unsuccessful in conciliating the delivery up of the culprit made by the inquisitors with the meekness of the gospel, will their modern apologists be able to do it better ? The Journal of Santiago, called El Sensato, of 5th Dec. 1811, speaking on this subject, makes use of the following words : " The pseudo-politicians use their utmost exertions, in order to attain their baneful ends. They give the title of tragi- comic to the serious act by which the inquisitors deliver over the culprit to the secular arm, and in which they protest they do not seek or demand his life, but ask that all possible indulgence may be used with him. This protest or deprecation, although it is not sufficiently effica- cious to absolve him from the penalty of death, at least suffices to manifest the most pious intention of the Church, which has always refused to hold any influence in matters of blood. But the object of modern innovators is to de- ceive the common people by invectives and calumnies, for the purpose of introducing novelties, and abolishin