Chapter I: Jews (4)

Still, the activity of the Inquisition continued to be rewarded with abundant success, and indeed we may say that but for Judaism it would have found little to do. In the public autos of Córdova, from 1655 to 1700, out of three hundred and ninety-nine persons and effigies brought forward, three hundred and twenty-four were for Judaizing. In Toledo, from 1651 to 1700, there were eight hundred and fifty-five cases tried of every kind, trivial and important, of which five hundred and fifty-six were for the same offence. Towards the closing years of the century, there seems to be a decided falling off in the numbers, as though vigilance were becoming relaxed, or the efforts of the tribunals were being crowned with success; but, in a report of pending cases in Valladolid, made July 8, 1699, out of eighty-five, seventy-eight were Judaizers.[821] This activity however seems to be largely confined to Castile, as though the Portuguese had not found the kingdoms of Aragon attractive. Reports of cases pending in Valencia in 1694-5-6, show in all but sixteen, among which there is not a single Judaizer.[822] It is perhaps worthy of passing remark that, in the treaty of 1668, by which Spain recognized the independence of Portugal, Article 4 provides that the subjects of each power, in the territories of the other, shall enjoy the privileges and immunities granted to British subjects by the treaties of 1630 and 1667.[823] These guaranteed them against molestation for matters of conscience, so long as they gave no occasion for scandal, but, from what we have seen above, it does not appear that the Inquisition of either country paid any attention to this, nor is it likely that either government complained of infraction.

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During this period, the laws restricting the emigration of the New Christians seem to have been mostly in abeyance, but when, in 1666, the false Messiah, Zabathia Tzevi, appeared in Palestine and drew a large following of misguided Jews, the Suprema took the alarm. The sea-port tribunals were warned that some of the Portuguese would seek to join him, so that if any Portuguese should come and endeavor to embark, they were to be detained under some pretext, their property was to be seized and examined and a report be sent to the Suprema. Some four months later, Barcelona forwarded the testimony taken in the case of four Portuguese thus detained, when the Suprema ordered their release and that in future, when the evidence showed that they were not fugitives or bound for some suspicious place, they should be allowed to proceed. In this same year a muleteer named Francisco Núñez Redondo was punished at Toledo as a Judaizer, and for conducting Judaizers out of the country, the two hundred lashes added, in his sentence to reconciliation and prison, being evidently the penalty for this special offence.[824] In 1672, there was another similar alarm. The Suprema informed the tribunals that many families of Portuguese were arranging to pass by way of Bayonne to France. All the roads and paths were therefore to be guarded, and all Portuguese who seemed to be seeking to leave the kingdom were to be seized with their property. Each individual was to be closely examined, his genealogy taken, his past life recorded, his destination and the motives of his journey to be stated, with all other details necessary for a thorough knowledge of his antecedents and purposes, and this information was to be forwarded to the Suprema with the opinion of the tribunal. Similar precautions were ordered at the Mediterranean sea-ports, but the object of this action was not stated.[825]

[Sidenote: _THE MALLORQUIN TRIBUNAL_]

Valladares, who was inquisitor-general from 1669 to 1695, seems to have taken a different view of this curiously perverse policy of preventing the emigration of disaffected apostates. August 12, 1681, he sent, to some one near the king, an anonymous memorial setting forth the invincible obstinacy of the Jews; penance and punishment left them as wicked as before, resulting in many evils, such as the engagement in noble houses of Jewish wet-nurses, who infect the children with their milk, the employment by Conversos of young children whom they pervert, the sacrilege of the sacraments administered to them, and the like. The remedy for this was the immediate exile of all who were penanced or, if they were allowed to remain, the branding of them on the forehead with the arms of the Inquisition. Valladares was probably the author of the memorial, for he makes this hideous suggestion his own, urging it with all the authority of the Inquisition, and invoking the judgement of heaven on his correspondent if he fails to lay the paper before the king. Carlos sent it to the Suprema for its opinion, and the matter went no further, but the document is not without interest as a revelation of the methods which persecutors were willing to adopt to escape from the consequences of their own acts.[826]

* * * * *

Although it was the Portuguese immigration which supplied the apparently inexhaustible harvest of culprits throughout the seventeenth century, there was one corner of Spain which escaped the influx and where the old Conversos continued to cherish their secret faith with little or no molestation. Allusion has more than once been made above to the Majorca catastrophe of 1691 and, as an episode of Spanish Judaism, its details deserve consideration. In the massacre of 1391, some of the Mallorquin Jews escaped to Barbary, but the majority remained. The governor, Francisco Sagariga, had been wounded in endeavoring to protect them; they were won over to conversion by the terror of death, and the promise of the authorities to give them twenty thousand libras wherewith to pay their debts,--a promise which seems never to have been fulfilled. They continued to inhabit the _call_, or Jewish quarter and, although the aljama came to an end in 1410, its members remained as a separate community.[827] The conversion was as superficial as was to be anticipated and though, as nominal Christians, they were not affected by the expulsion of 1492, when the Inquisition was introduced we have seen, from the numbers who came in under Edicts of Grace, that they must all have been Jews at heart for, between 1488 and 1491, there were no less than five hundred and sixty-eight reconciliations, besides those who, by special mercy, were reconciled twice. After this, for awhile the tribunal was fairly active. Between 1489, when it commenced operations, and 1535 it sentenced a hundred and sixty-four to reconciliation, ninety-nine to relaxation in person, and four hundred and sixty to relaxation in effigy, all of whom presumably were Judaizers except, in 1535, five Moriscos who were relaxed.[828] After this, persecution grew inert, relaxations disappear and reconciliations become few. So insignificant had the tribunal become that when, in 1549, the offices of fiscal and receiver fell vacant, Valdés wrote to ask what was the necessity of filling them.[829] He might well ask the question: between 1552 and 1567 the tribunal had but two reconciliations to show and, during the remainder of the century, only thirty, together with a single relaxation, and of these few culprits the majority were not Judaizers. In the seventeenth century, the record was even slenderer. Engaged, for the most part as we have seen, in unappeaseable conflicts with the ecclesiastical authorities, the duties of persecution were neglected, and heretic and apostate breathed in comparative peace. The reconciliation of María Díez, September 6, 1579, was followed by a century in which not a single Judaizer was reconciled, although, in 1675, one from Madrid was relaxed. The inhabitants of the _call_ might well deem themselves secure, especially as the churchmen were free in their denunciations of the tribunal. In 1668 the inquisitor complained to the Suprema that the priests of the episcopal party talked of the Inquisition as a secret heresy, and that it was a den of robbers which should be abolished, all of which led to much licence of speech among the suspected persons who dwelt "in the separate barrio."[830]

[Sidenote: _THE MALLORQUIN TRIBUNAL_]

From this sense of security there was a rude awakening. In 1677 or 1678 a meeting, held in a garden outside of the city, attracted the inquisitor's attention. It was designated as a synagogue, and doubtless there was some imprudence. Secret investigation developed evidence justifying wholesale arrests, and the prison was soon crowded. The result appeared in four autos celebrated in 1679, in which there were no less than two hundred and nineteen reconciliations. There was no spirit of martyrdom; in all cases it was a first conviction, and when all confessed and begged for mercy there was no opportunity for relaxation. A noteworthy feature was the absence of prosecutions of the dead, which could have been numerous had the tribunal been disposed to take the trouble, but this is doubtless explicable by the fact that as the whole community of New Christians was involved, all its property was confiscated, and there would have been no profit in looking up ancestral heresies. The confiscations were enormous; the culprits were merchants and traders and bankers, whose houses and lands, censos and merchandise and credits were swept away. The sum realized is stated at 1,496,276 pesos, which is probably far below the real value of the assets seized. We have seen how the king was gradually shouldered out of his share of the spoils; the tribunal secured a goodly portion with which it rebuilt the palace of the Inquisition in a style so sumptuous that it passed for one of the finest in Spain, until it was demolished, in 1822, and its site converted into a public plaza.[831]

The tribunal ordered all New Christians to dwell in the _call_ and required them, on all feasts of precept, to attend mass in the cathedral in a body, preceded by a minister of the Inquisition and in charge of an alguazil. Impoverished, dishonored and watched, the position became intolerable. A number resolved to expatriate themselves and secretly made arrangements with an English ship lying in the harbor to carry them away. The passage-money was paid and they succeeded in embarking, but rough weather detained the ship; they had not procured the necessary licences to leave Spain, they were seized and cast into prison with the members of their families. This occurred in 1688 and three years were consumed in their trials. The result was seen in the four autos held in March, May and July, 1691. For those who had been reconciled in 1679 and were now convicted of relapse there could be no pardon. A huge brasero, eighty feet square and eight feet high, with twenty-five stakes, was prepared on the sea-shore, two miles from the city, in order that the people might not be incommoded by the stench. In all thirty-seven were relaxed in person, of whom only three were pertinacious to the last and were burnt alive. Eight were relaxed in effigy, of whom four were fugitives and four were dead--three of the latter having died in prison. There were fifteen reconciliations in person and three in effigy. Finally there were twenty-four who, although among the reconciled of 1679, escaped with abjuration _de levi_ and fines amounting to sixty-four hundred libras.[832] This shows that the little community had already begun to repair its shattered fortunes, and renders it probable that the confiscations of the relaxed and reconciled rewarded the tribunal abundantly for its labors. The lesson seems to have been sufficiently severe to serve its purpose. We hear nothing more of Judaism in Majorca; during the height of persecution elsewhere, the tribunal celebrated two autos, May 31, 1722 and July 2, 1724, in which nine penitents appeared, but none of them were Judaizers.[833] Although the New Christians were still confined to their separate quarter, in time, as we have seen, they became thoroughly Catholic.

* * * * *

With the opening of the eighteenth century it looked as though the victory over Judaism had been virtually won. The War of Succession must of course have interfered with the operations of the Inquisition, but this does not suffice to explain the marked falling off in the number of Judaizers in the autos, so far as manifested by the records before me. In Catalonia, which held out long after the rest of Spain was pacified, the Inquisition was fairly re-established in 1715, after which, for three years, the Barcelona tribunal, out of a total of twenty-five cases, had but three of Jews--a mother and two daughters who had fled from Seville and had been traced to Catalonia.[834] In Córdova the records are imperfect but, as far as they go, from 1700 to 1720, they show but five cases.[835] In Toledo, during the same twenty-one years, out of a total of eighty-eight trials, only twenty-three were for Judaism.[836]

[Sidenote: _REVIVAL OF PERSECUTION_]

The fires of persecution, however, were only slumbering and broke out again suddenly with renewed fierceness. Possibly this may be attributable to the discovery in Madrid of an organized synagogue, composed of twenty families who, since 1707, had been accustomed to meet for their devotions and, in 1714, had elected a rabbi, whose name they sent to Leghorn for confirmation. Comparative immunity had brought recklessness and we are told that they observed the Christian fast-days with dancing and guitar-playing. Five of them were relaxed in the auto of April 7, 1720.[837] It was probably this discovery that aroused the other tribunals to renewed activity, which was abundantly rewarded, for there seems at this time to have been little concealment by Judaizers. In the Toledo auto of March 19, 1721, Sebastian Antonio de Paz, _administrador del tabaco_, is asserted to have married the daughter of his wife, and Francisco de Mendoza y Rodríguez his first cousin, "according to the Law of Moses."[838]

For some years this revival of persecution raged with a virulence rivalling that of the earlier period. In a collection of sixty-four autos, held between 1721 and 1727, there were in all eight hundred and sixty-eight cases, of which eight hundred and twenty were for Judaism, nor did the tribunals err on the side of mercy. There were seventy-five relaxations in person and seventy-four in effigy, while scourging, the galleys and imprisonment were lavishly imposed.[839] The geographical distribution of the culprits is worthy of note. The kingdoms of the crown of Aragon show few traces of Judaism. Valencia contributed but twenty cases, Barcelona five, Saragossa one and Majorca none--or twenty-six in all. Among the tribunals of the crown of Castile, Logroño held no auto during these years; Santiago furnished only four cases, while Granada had two hundred and twenty-nine, Seville a hundred and sixty-seven and Córdova seventy-eight. The years 1722 and 1723 were those in which persecution was most active, the number diminishing rapidly afterwards.[840] It still, however, continued at intervals. In Córdova there were autos in 1728, 1730 and 1731, in which there were in all twenty-six cases of Judaism; then there was an interval until 1745, when only two cases occurred.[841] In Toledo, after 1726, there was no case of Judaism until 1738, when there were fourteen. This seems to have exhausted the material for prosecution, for until the Toledan record ends in 1794, there was but a single subsequent case, which occurred in 1756.[842] In Madrid there were several Jews relaxed in 1732, charged with scourging and burning an image of Christ, in a house in the calle de las Infantas.[843] In Valladolid, at an auto, June 13, 1745, there was one Judaizer relaxed and four reconciled, while in Seville, July 4, although there were four Moslems there was not a single Jew.[844] At Llerena, in 1752, we hear of the relaxation of six effigies of fugitives and one of a dead woman, which must evidently have been cases of Judaism.[845]

[Sidenote: _FOREIGNERS EXCLUDED_]

These scattering details can make no pretension to completeness, and yet they suffice to show that Judaism at last was substantially rooted out of Spanish soil, after a continuous struggle of three centuries. How complete was this eradication is manifested by a summarized list of all cases of every kind, coming before all the tribunals, from 1780 until the suppression of the Inquisition in 1820, embracing an aggregate of over five thousand. In these forty years, the whole number of prosecutions connected with Judaism was but sixteen, and of these ten were foreigners who had evaded the laws prohibiting entrance to Jews while, of the six natives, four were prosecuted for suspicions and propositions. The latest case was at Córdova, in 1818, of Manuel Santiago Vivar for Judaizing acts--the final scene in the long tragedy which had secured uniformity of faith at the cost of so much blood and suffering.[846]

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During this later period, the exclusion of foreign Jews was exercising the Holy Office much more than the detection of native ones. The savage law will be remembered by which, in 1499, Ferdinand and Isabella prohibited the return of the expelled Jews or the entrance of foreigners under pain of death and confiscation.[847] Although this law was retained on the statute-book, it probably was not enforced in all its ferocity, but the maintenance of the exclusion was inevitable when such unremitting pains were taken to exterminate Judaism. When the _visitas de navíos_, or examination of all ships arriving at Spanish ports, were organized, the keeping out of Jews was held in view as much as that of Lutheran heretics and books; if a Jew were found on board, he was to be examined; if he admitted baptism he was to be seized and his goods were to be confiscated; if unbaptized and he made no attempt to land, he was to be allowed to depart with the ship.[848] Still, the indefatigable mercantile energy of the Jews and the venality of officials, to a limited extent, neutralized these precautions. In 1656, the trial at Murcia of Enrique Pereira, whose domicile was in Lucca and who was arrested while trading at Beas, shows that there was intercourse between the Portuguese in Spain and their brethren in Italy; those of Spain would go by sea to Nice or elsewhere to enjoy freedom of worship, while Italian Jews came to Spain to trade, in spite of inquisitorial vigilance.[849] These furtive attempts, with their perils, were but tantalizing to those who looked with longing on the tempting Spanish market; licences to come were much more desirable and we have seen that, in 1634, under Olivares, they were sometimes issued. They were grudgingly recognized by the tribunals, as in the case mentioned above in 1645. More unlucky, in 1679, was Samuel de Jacob, who was thrown in prison, although he held a licence, and we are told that, although those who held licences could not be prosecuted as heretics, still, if they blasphemed or derided the faith, they could be chastised with fines, scourging or the galleys, according to the resultant scandal, while attempts to proselyte incurred capital punishment.[850] In 1689, special orders were issued to disregard an agreement which Don Pedro Ronquillo, under powers from the king, had made with an English Jew, enabling him to land at any port in Spain.[851]

[Sidenote: _FOREIGNERS EXCLUDED_]

Such care was exercised to avert any danger of polluting the Spanish soil by a Jewish foot that when, in 1713, by the treaty of Utrecht, Gibraltar was ceded to England, it was under the condition that no Jews or Moors should be permitted to reside there.[852] The inobservance of this by England was the subject of complaint, but it is not likely that many intruders risked the dangers that attended an attempt of a foreign Jew to enter Spain. In January, 1697, Abraham Rodríguez, travelling from France to Portugal under the name of Antonio Mazedo, was arrested at Ledesma and brought to the tribunal of Valladolid. Two years and a half later his trial was still in progress, but, though we do not know the result, the experience was not such as to invite imitation.[853]

When, in the general relaxation of the eighteenth century, the sternness of these laws was tacitly abandoned, embarrassing precautions rendered sojourn uninviting. In 1756, Abraham Salusox, a Jew of Jerusalem, ventured to Valencia with a lion for sale. The shipmaster reported him and a familiar was deputed to accompany him day and night, on board and on shore, never to let him out of his sight or to communicate with any one. The Count of Almenara bought the lion and Salusox was permitted to be in the count's house for a few days, until a cage was constructed for the beast, after which he re-embarked. The same course was followed in 1759, with a Jew who came with merchandise from Gibraltar; a familiar never left him till his goods were sold and he departed, while his books and papers were carefully scrutinized to see that they contained nothing prejudicial. There were others who came in 1761 and 1762, who were treated in the same fashion. Then, in 1795 a royal order was issued through the Suprema, to the effect that a Jewish subject of the Bey of Morocco would come to Valencia and remain for eight or ten days, who was not to be troubled in any way; the tribunal consequently took no notice of his coming and going.[854]

These were all the cases that search through the records of Valencia could find, from 1645 to 1800, and their paucity shows how rarely Jews braved the dangers of visiting Spain. Those who tried to do so in secret took the chances of detection. In 1781, Jacobo Pereira landed at Cadiz under a false name and concealing his faith, but he was found out, arrested and the Seville tribunal at once commenced his prosecution.[855] It is true that a royal order of April 25, 1786, permitted the entrance of Jews who bore licence from the king, but these were sparingly granted and only on special occasions. The question of greater liberality came up, in 1797, when the finance minister, Don Pedro de Varela, as a means of reviving the commerce and industry of Spain, proposed that Jews might be allowed to establish factories in Cadiz and other ports, but the Council of ministers rejected the project as contrary to the laws.[856] Apparently the discussion continued and, in 1800, the Suprema called on all the tribunals for reports as to their treatment of Jews seeking admission, and the result appears in a royal cédula of June 8, 1802, declaring in full force all laws and pragmáticas theretofore issued, and ordering the rigorous execution of the penalties therein provided, while any default in lending to the Inquisition due assistance for this holy purpose was threatened with the royal indignation.[857]

The confusion of the Napoleonic wars afforded opportunities for enterprising Jews, which were not likely to be overlooked, and Fernando VII deemed it necessary, August 16, 1816, to issue a decree renewing and confirming the cédula of 1802.[858] It was easier to publish the decree than to enforce it. The tribunal of Seville, June 12, 1819, represented to the Suprema its perplexities arising from the influx of Jews at Algeciras, Cadiz and Seville, who came to the tribunal begging for baptism. They were indigent beggars and probably fugitive criminals but, as occasionally there might be one whose object was really salvation, to deprive him of this would be a heavy burden on the conscience, and consequently the tribunal asked for instructions.[859] This resulted in an order of the inquisitor-general, July 10th, to all the tribunals, insisting on the strict enforcement of the decrees of 1786 and 1802; such Jews as obtained a royal licence were to be vigilantly watched and, if the secular officials manifested lack of zeal in coöperation, the inquisitor-general was to be notified.[860]

[Sidenote: _MODERN TOLERATION_]

At the same time orders were sent, to the commissioners at all the ports, to observe strictly the old instructions as to the _visitas de navíos_ and to report as to the current practice. Barcelona replied that the visits were made only when there were Jews on board. Alicante reported that the disuse of the visits had led to a rapid immigration of Jews into Murcia. Cartagena said that no visits were made but that, if suspicious persons arrived, the custom-house officers notified the commissioner. Cadiz and Algeciras answered that the health-officer notified the commissioner of the arrival of Jews, renegades and other forbidden persons, when he took the necessary steps to avert the evil. Motril said that visits were made only when there was a Jew on board. Santiago merely responded that it had the royal decrees of 1786 and 1802 and the recent instructions of the Suprema.[861] Evidently there was little attention paid to the enforcement of the laws by both the royal and inquisitorial officials, but the Government was determined to enforce the exclusion of Jews, and an order was promptly sent to all the royal officials that no Jew was to be allowed to set foot on Spanish territory, unless he bore a royal licence; if he had one, he was to present himself to the Inquisition or its commissioner, so that a record could be made of him, and the tribunal was instructed to keep him under strict supervision. The ministry of Gracia y Justicia communicated this, August 31, 1819, to the Suprema, which in turn forwarded it, September 6th, to all the tribunals with orders for its strict observance.[862]

The Inquisition came to an end a few months after this, but the prejudices which it had done so much to foster postponed the removal from the statute-book of the laws representing the fierce intolerance of the earlier time. In 1848 we are told that, although unrepealed, they were not enforced and that Jews could travel and trade in Spain without molestation,[863] but when, in 1854, Constitutional Córtes were assembled to frame a new constitution, and the German Jews sent Dr. Ludwig Philipson, Rabbi of Magdeburg, on a mission to procure free admission of their race, his eloquence was unavailing. It was not until fifteen years later, when the revolution, which drove Isabella II from the throne, called for a new organic law, that the Constitution of 1869 proclaimed freedom of belief and guaranteed it to all residents in Spain, and this was likewise applicable to natives professing other religions than the Catholic. This principle was preserved in the Constitution of 1876, which forbade all interference with religious belief, while not allowing public ceremonies other than those of Catholicism.[864] It was a remarkable proof of conversion from ancient error when, in 1883, the Jewish refugees from Russia, sent by the organizing committees of Germany, were enthusiastically received, although the experiment ended in disastrous failure.[865] The ancestral antipathy which they had to encounter was, however, still active, as expressed by a pious Franciscan, who declared that bringing them was a sin of moral and political treason, and that they would devour the whole Spanish nation.[866]