Chapter XI: Book III (2)

No one in the prison must so much as mutter, or make any noise, but must keep profound silence. If any one bemoans himself, or bewails his misfortune, or prays to God with an audible voice, or sings a psalm or sacred hymn, the jail-keepers, who continually watch in the porches, and can hear even the least sound, immediately come to him, and admonish him that silence must be preserved in this house. If the prisoner doth not obey, the keepers admonish him again. If after this the prisoner persists, the keeper opens the door, and prevents his noise, by severely beating him with a stick; not only to chastise him, but to deter others, who, because the cells are contiguous, and deep silence is kept, can very easily hear the outcries and sound of the blows. I will add here a short story that I had from several persons; which, if true, shews us with what severity they keep this silence. A prisoner in the inquisition coughed. The jailors came to him, and admonished him to forbear coughing, because it was unlawful to make any noise in that house. He answered, it was not in his power. However, they admonished him a second time to forbear it; and because he did not, they stripped him naked, and cruelly beat him. This increased his cough; for which they beat him so often, that at last he died through the pain and anguish of the stripes.

They insist so severely on keeping this silence, that they may cut off every degree of comfort from the afflicted; and especially for this reason, that the prisoners may not know one another, either by singing, or any loud voice. For it oftentimes happens, that after two or three years confinement in the jail of the inquisition, a man doth not know that his friend, nor a father that his children and wife are in the same prison, till they all see each other in the act of faith. And finally, that the prisoners in the several cells may not talk with one another; which, if ever found out, their cells are immediately changed.

If any one falls ill in the prison, they send to him a surgeon and physician, who administer all proper remedies to him to recover him to health. If there be any danger of his dying, they send him a confessor, if he desires it. If the criminal doth not ask for a confessor, and the physician believes the distemper to be dangerous, he must be persuaded by all means to confess; and if he judicially satisfies the inquisitors, he is to be reconciled to the church before he dies; and being absolved in judgment, the confessor must absolve him sacramentally.

If he is well, and desires a confessor, some are of opinion he may not have one granted him, unless he hath confessed judicially. Others think he may; and in this case the confessor’s business is to exhort him to confess his errors, and to declare the whole truth, as well of himself as of others, as he is bound de jure to do. However, he must add, that he must not accuse himself or others falsely, through weariness of his imprisonment, the hope of a more speedy deliverance, or fear of torments. Such a criminal the confessor cannot absolve, before his excommunication is first taken off, and he is reconciled to the church. But in Italy the prisoners are more easily allowed a confessor than in Spain.

They are particularly careful not to put two or more in the same cell, unless the inquisitor for any special reason shall so order, that they may not concert with one another to conceal the truth, to make their escape, or to evade their interrogatories. The principal reason, indeed, seems to be, that through the irksomeness of their imprisonment, they may confess whatsoever the inquisitors would have them. But if an husband and his wife are both imprisoned for the same offence, and there be no fear that one should prevent the other from making a free confession of the crime, they may be put in the same cell.

The inquisitors[253] are obliged to visit the prisoners twice every month, and to enquire whether they have necessaries allowed them, and whether they are well or not. In this visit they usually ask him in these very words; How he is? How he hath his health? Whether he wants any thing? Whether his warder is civil to him? i. e. Whether he speaks to him in a reproachful and severe manner? Whether he gives him his appointed provision, and clean linen? and the like.[254] These are exactly the sentences and words they use in these visits, to which they neither add any thing, nor act agreeable; for they use them only for form’s sake, and when the inquisitor hath spoken them he immediately goes away, scarce staying for an answer. And although any one of the prisoners complains that he is not well used, it is of no advantage to him, nor is he better treated for the future. If there be occasion or necessity, it will be convenient for them to visit the prisoners three or four times every month, yea, as often as they think proper; viz. when the criminal bears with impatience the misfortune and infamy of his imprisonment, in such case the inquisitor must endeavour to comfort him very often, not only by himself, but by others; and to tell him, that if he makes a free confession, his whole affair shall be quickly and kindly ended.

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Footnote 253:

Gonsalv. p. 125.

Footnote 254:

Inquis. Goan. c. 12.

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The inquisitors must take care not to talk with the criminals, when they are examined or visited, upon any other affairs but such as relate to their business. Nor must the inquisitor be alone when he visits, or otherwise gives them audience; but must have with him his colleague, or at least a notary, or some other faithful servant of the holy office.

This also they are particularly careful of, that the criminals may not be removed from one cell to another, nor associate with any other. If any prisoners have been shut up together at once in the same cell, when they are removed they must be removed together, that hereby they may be prevented from communicating any thing that hath been transacted in the prison. This is more especially to be observed, in case any of them recall their confession, after they have been removed from one cell and company to another. But if a criminal confesses, and is truly converted, he may more easily be removed from one cell to another, because the inquisitor is in no pain for fear of his retracting, but may oftentimes make use of him to draw out the truth from other prisoners.

If women are imprisoned, they must each of them have, according to their quality, one honest woman at least for a companion, who must never be absent from her, to prevent all suspicion of evil. This companion must be ancient, of a good life, pious and faithful. Sometimes when women are to be imprisoned, they do not carry them to the jail of the inquisitors, especially if they are regulars, if the jails be within the walls of the monasteries, but to the convents of the nuns. When this happens, they command the abbess or prioress to admit nobody to discourse with the prisoner without express leave of the inquisitor, but diligently to observe the order given her. But when the cause is of importance, and full of danger, and such they esteem all that relate to the faith, they think it safer that women should be imprisoned in the jails of the inquisitors. But the cardinals inquisitors general are to be consulted in this affair, who, after mature consideration, are to determine whether it be most expedient that such criminals should be kept in the jails of the bishops, or inquisitors regulars; especially if they are young and handsome, as is often the case of those who are taken up for telling people’s fortunes about their sweethearts.

It is farther the custom and received use of this holy tribunal, that such who are imprisoned for heresy are not admitted to hear mass, and other prayers which are said within the jail, till their cause is determined. Their principal pretence for this custom is, that it may possibly happen, when there is a great number of criminals, that the several accomplices, companions and partakers of the crime, may at least by nods and signs discover to one another how they may escape judgment, or conceal the truth.

But the true and genuine reason is, that the prisoner may have nothing to contemplate besides his present misfortune; that so being broken with the miseries of his confinement, he may confess whatsoever the inquisitors would have him. For this reason they deny them books, and all other things that would be any relief to them in their tedious imprisonment. If any one of the prisoners whatsoever prays the inquisitor when he visits him, that he may have some good book, or the holy Bible, he is answered, that the true book is to discover the truth, and to exonerate his conscience before that holy tribunal; and that this is the book which he must diligently study, viz. to recover the remembrance of every thing faithfully, and declare it to their lordships, who will immediately prescribe a remedy to his languishing soul. If the prisoner in the same or next visit is importunate about it, he will be commanded silence; because if he asks to please himself, they may grant or deny him according to their pleasure.

The keeping the jail anciently belonged to the executor’s office; and as often as he was absent, he was obliged to provide another keeper at his own charge. But now the jail-keeper is created by the inquisitor-general, and is different from the executor.

Those who keep the jails for the crime of heresy, must swear before the bishop and inquisitor that they will faithfully keep their prisoners, and observe all other things prescribed them.

Formerly there were two keepers to every jail, but now there is only one jail-keeper appointed in every province, chosen by the inquisitor general, who is not allowed to give the prisoners their food. But the inquisitors choose some proper person to this office, who is commonly called the dispenser. The provisions they give the criminals are generally prepared and dressed in the house of the inquisition; because if they were to be prepared in the houses of the criminals themselves, or any where else, something might easily be hid under them, that might furnish them with the means to conceal the truth, or to elude or escape judgment. This however is to be left to the prudence and pleasure of the inquisitors, whether and when the criminals may without danger prepare their provision in their own houses. But upon account of the hazard attending it, the inquisitors but seldom, and not without exquisite care, gratify them in this particular. If any things are sent them by their friends or relations, or domestics, the jail-keeper and dispenser never suffer them to have them, without first consulting the inquisitors.

As these keepers have it in their power greatly to injure or serve their prisoners, they must promise by an oath, before the bishop and inquisitors, that they will exercise a faithful care and concern in keeping them; and that neither of them will speak to any of them but in presence of the other, and that they will not defraud them of their provision, nor of those things which are brought to them. Their servants also are obliged to take this oath.

But notwithstanding this law, a great part of the provision appointed for the prisoners is withheld from them by their covetous keepers; and if they are accused for this to the inquisitors, they are much more gently punished, than if they had used any mercy towards them. Reginald Gonsalve relates,[255] that in his time Gaspar Bennavidius was keeper of a jail. “He was a man of monstrous covetousness and cruelty, who defrauded his miserable prisoners of a great part of their provisions, which were ill dressed, and scarce the tenth part of what was allowed them, and sold it secretly, for no great price, at the Triana. Besides, he wholly kept from them the little money allowed them to pay for the washing of their linen; thus suffering them to abide many days together in a nasty condition, deceiving the inquisitor and treasurer, who put that money to the keepers account, as though it had been expended every week for the use of the prisoners, for whom it was appointed. Neither was it very difficult to deceive them, because they took but little pains to inquire out the truth. If any one of the prisoners complained, muttered, or opened his mouth upon account of this intolerable usage, the cruel wretch, who had divested himself of all humanity, had a remedy at hand. He brought the prisoner immediately out of his apartment, and put him down into a place they call Mazmorra, a deep cistern that had no water in it. There he left him for several days together, without any thing to lie on, not so much as straw. His provision there was so very rotten, that it was more proper to destroy his health by sickness, than to preserve it, or support him in life. All this he did without ever consulting the inquisitors, and yet fraudulently and villanously pretended their command to his prisoner. If any one besought him to complain to the inquisitors for so injurious a treatment, for they could not do it by any other person, and to desire an audience, the cunning wretch, knowing that the whole blame must lie upon himself, pretended that he had asked, but could not obtain it. By such forged answers he kept the miserable prisoner in that deep pit twelve or fifteen days, more or less, till he had fully gratified his anger and cruelty. After this he brought him out, and threw him into his former jail; persuading him that this favour was owing to his humanity and care, having made intercession for him with their lordships. In short, his thefts and injuries with which he plagued his prisoners, who were otherwise miserable enough, were so numerous, that some persons of interest with the inquisitors at length accused him before them. Upon this he was imprisoned himself; and being found guilty of many false accusations, he received this sentence: that he should come out at a public act of the faith, carrying a wax candle in his hand, be banished five years from the city, and forfeit the whole sum of money, which by virtue of his office he was to have received from the holy tribunal.”

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Footnote 255:

P. 111, &c.

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“This very man,[256] whilst he was keeper, had in his family an ancient servant maid, who observing the distress of the prisoners, labouring under intolerable hunger and nastiness, through the wickedness and barbarity of her master, was so moved with pity towards them, being herself well inclined to the evangelical piety, that she often spoke to them through the doors of their cells, comforted them, and as well as she could exhorted them to patience, many times putting them in meat under their doors, in proportion to the mean and low abilities of her condition. And when she had nothing of her own, by which to shew her liberality to the prisoners of Christ, she stole good part of that provision from the wicked thief her master, which he had stolen from the prisoners, and restored it to them. And that we may the more wonder at the providence of God, who so orders it that the worst of parents shall not have always the worst of children, but sometimes even the best, a little daughter of the keeper himself was greatly assisting to the maid in these pious thefts. By means of this servant the prisoners had information of the state of the affairs of their brethren and fellow prisoners, which much comforted them, and was oftentimes of great service to their cause. But at length the matter was discovered by the lords inquisitors, by whom she was thrown into prison for a year, and underwent the same fate with the other prisoners, and condemned to walk in the public procession with a yellow garment, and to receive two hundred stripes; which was executed upon her the following day, through the streets of the city, with the usual pomp and cruelty. To all this was added banishment from the city and its territories, for ten years. Her title was, “The favouress and aidress of heretics.” What excited the implacable indignation of the lords, the fathers of the faith, against her, was, that they discovered in her examination, that she had revealed the secrets of the most holy tribunal to some of the inhabitants of the city, particularly relating to the provision allotted to the prisoners. From both these examples, and from their different and unequal punishment, any one may see how much safer it is to add to the affliction of the prisoners in their jail, than to comfort them by any act of humanity and mercy whatsoever.”

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Footnote 256:

P. 114.

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And in order that the jail of heretics may be kept secret, no one of the officials, no not the judge himself, can enter it alone, or speak with the prisoners but before another of the officials, nor without the previous order of the inquisitors. All are obliged to swear that they will observe this, that no one may see or speak to the prisoners besides the person who gives them their necessaries; who must be a faithful, honest person, and is obliged to swear that he will not discover the secrets, and must be searched to prevent his carrying any orders or letters to the prisoners.

This command they will have observed as most sacred, because, as they say, secrecy is the strength of the inquisition, which might easily be violated, unless this order be punctually kept; and therefore they always most severely punish those who transgress it. Gonsalvius Montanus[257] gives us a very remarkable instance of this. “One Peter ab Herera, a man not altogether vile, but of some humanity, and not very old, was appointed keeper of the tower of Triana, which is the prison of the inquisition. It happened, as it often doth in such numerous and promiscuous imprisonments, that amongst other prisoners committed to his custody, there was a certain good matron, with her two daughters, who were put in different cells, and earnestly desired the liberty of seeing one another, and comforting each other in so great a calamity. They therefore earnestly entreated the keeper, that he would suffer them to be together for one quarter of an hour, that they might have the satisfaction of embracing each other. He being moved with humanity and compassion, allowed them to be together, and talk with one another for half an hour; and after they had indulged their mutual affections, he put them, as they were before, in their separate prisons. A few days after this they were put with great cruelty to the torture; and the keeper being afraid, that through the severity of their torments, they should discover to the lords, the fathers inquisitors, his small humanity in suffering them to converse together for half an hour without the inquisitors leave; through terror, went himself to the holy tribunal, of his own accord confessed his sin, and prayed for pardon; foolishly believing, that by such his confession he should prevent the punishment that threatened him for this action. But the lords inquisitors judged this to be so heinous a crime, that they ordered him immediately to be thrown into jail; and such was the cruelty of his treatment, and the disorder of mind that followed on it, that he soon grew distracted. However, his disorder and madness did not save him from a more grievous punishment. For after he had lain a full year in that cursed prison, they brought him out in the public procession, cloathed with the yellow garment, and an halter round his neck, as though he had been a common thief; and condemned him first to receive two hundred lashes through the streets of the city, and then to the gallies for six years. The day after the procession, as he was carried from the Triana to be whipped with the usual solemnity, his madness, which usually seized him every other hour, came on him; and throwing himself from the ass, on which, for the greater shame, he was carried, he flew upon the inquisitory Alguazile,[258] and snatching from him a sword, had certainly killed him, had he not been prevented by the mob who attended him, and set him again upon the ass, and guarded him till he had received the two hundred lashes according to his sentence. After this the lords inquisitors ordered, that as he had behaved himself indecently towards the Alguazile, four years more should be added to the six for which he was at first condemned to the gallies.”

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Footnote 257:

P. 108.

Footnote 258:

An officer that executes the orders of the inquisition.

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These keepers are answerable for the smallest fault, for they are to use the same care in the custody of their prisoners, as fathers ought to do in governing their families; so that if they suffer any one to escape from jail, they are to be punished according to the nature of their offence. It is therefore their business frequently to visit and search the cells of their prisoners, to prevent any thing from being clandestinely carried in, by which they may destroy themselves, dig through the walls, and so escape. Their care of the women is to be peculiarly strict; since the sex is naturally frail, and more subject than men to yield to passion and despair, and so are more likely to seek an occasion of destroying themselves. They must, above all other things, take care that they do not behave themselves indecently towards their women prisoners. Thus the congregation of cardinals inquisitors general condemned a jail-keeper to the gallies for seven years, and to perpetual banishment from the place where he committed his offence, for having carnal knowledge of a woman that was prisoner in the holy office.

If the inquisitor thinks it necessary to prevent the escape of any prisoners, he may lay them in irons. If the poverty of the inquisitors is so great, or their jails so defective, as that they are not fit to hold in safe custody, either for the thinness of the walls, or for want of iron bars to the windows, or sufficient bolts for the doors, if the magistrate be required by the inquisitor, he must take care of the safe custody of the prisoners.

What the several duties of the messenger, door-keeper, and physician are, is plain enough from their very names. They must be honest men, and not suspected, and born of old christians.

The salaries of the inquisitors and officers are differently paid in different countries.

In Spain there are fixed salaries for the inquisitors, and other ministers of the holy office, which are paid them at stated times out of the forfeited effects.

“Every inquisitor hath annually allowed him 60,000, which is now increased to an hundred thousand pieces, every one of which is worth two of those brass pieces of money, which they commonly call Albi. The judges of the forfeited effects have each of them 30,000. The promoter fiscal as many. The scribe or notary the same. The executor 60,000. The receiver as many. The messenger 20,000. The door-keeper 10,000. The physician 5,000. These salaries may be increased at the pleasure of the inquisitor general, and are to be paid by the receiver at the fixed times; which if he neglects to do, he may be deprived of his office by the inquisitors.

“The assessors and counsellors have no stipend, but must give their advice gratis, when the inquisitors desire it, as some lawyers affirm; and though they may receive a salary freely offered them, yet they cannot demand it, because all Christians are bound to support and defend the affair of the Catholic faith. However, these assessors, who are the eyes of the judges in every cause, even though it be spiritual, justly receive a salary for their service and labour: for many things are justly received, which it would be injustice to demand.

“Those advocates who defend the causes of the poor, have a stipend out of the treasury, which is usually very small, though honourable. But if the criminals are not poor, the advocates are paid out of their effects.”

It is also provided in Spain, by many constitutions, that inquisitors, who receive gifts, incur the sentence of excommunication, and are deprived of their office, and fined double the value of what they take. However, as the author of the History of the Inquisition at Goa informs us, the inquisitors know how to amass vast riches, by two methods. When the effects of the prisoners, after confiscation, are sold by the cryer, the inquisitors, notwithstanding the interdict to the contrary, usually send one of their domestics, who bids a low price for such things as his master wants, being pretty secure that nobody else will out-bid them; and by this means they buy very valuable things for half price, or less. Besides this, the inquisitors have a right to demand the payment of the expences, and other necessary charges they have been at, when, and in what sums they please, whenever the money arising from the confiscations is carried into the royal treasury; without ever giving any reason, or any one’s daring to ask them for what purposes they employ it.

Gonsalvius Montanus also tells us, in his Arts of the Spanish Inquisition, cap. 10. that the inquisitors are sometimes prevailed with to use their prisoners a little more kindly, by some pretty presents made by their friends and relations. But this matter must be dextrously managed, that so the inquisitor may not refuse the offer. The first thing, therefore, is, to bribe one of his servants; in which there is no difficulty, provided it be done privately. When the inquisitors themselves are tampered with, they generally answer, that holy tribunal is incorrupt, and suffers no manner of gifts whatsoever to be received. But they have generally, amongst their attendance, some child of their brother or sister; or, at least, a servant that they greatly esteem, and who is to be highly respected, and who only sees the inquisitor refuse the presents offered to him. This servant comes to the prisoner’s friend, and privately points out to him the relation of the lord inquisitor. This is giving him to understand, unless the person be a stock, that though before he in vain attempted to corrupt the integrity of this holy tribunal, he may by this conveyance prevail upon the inquisitor, though he would refuse to accept the same present when more openly offered him.

SECT. III.
_Of the crimes cognizable by the Inquisition, and the punishment annexed
to them._

The first and principal crime is heresy. Three things are required to make any one properly an heretic. 1. That he hath been baptized. 2. That he err in his understanding in matters relating to the faith, i. e. differ in those points which are determined by a general council, or the pope, as necessary to be believed, or enjoined as an apostolic tradition. 3. Obstinacy of will; as when any one persists in his error, after being informed by a judge of the faith that the opinion he holds is contrary to the determination of the church, and will not renounce it at the command of such a judge, by abjuring it, and giving suitable satisfaction. This crime is so widely extended by the doctors of the Romish church, that they esteem every thing as heresy, that is contrary to any received opinion in the church, though it be merely philosophical, and hath no manner of foundation in the scripture.

The punishments ordained against heretics are many, and most grievous. The first is excommunication; by which heretics are driven from the church, and expelled the company of all Christians. The ceremony of it is thus: when the bishop pronounces the anathema, twelve priests stand round him, and hold lighted torches in their hands, which they throw down on the ground, and tread under foot at the conclusion of the excommunication; after which a letter is sent to the proper parishes, containing the names of the excommunicated persons, and the reason of their sentence. Persons thus excommunicated, are deprived of all ecclesiastical benefices and dignities, and are not to receive Christian burial.

Being excommunicated, all their effects are forfeited, all donations by them are null and void, and even portions paid to children must be revoked, and all legacies to wives forfeited. The treasury of the inquisition devours all. The consequence of this is, that the children of heretics are absolutely disinherited; excepting only when a child accuses his heretical parents. Heretics are also deprived of their natural power over their children, and of that civil power they have over their servants; so that slaves and servants are, ipso facto, freed from servitude the moment their masters fall into heresy. Subjects are also freed from obedience to heretical princes and magistrates, and absolved from their oaths of allegiance. In a word, heretics lose all right and property in every thing that they have. Hence proceeds the maxim, “that faith is not to be kept with heretics,” because it ought never to be given them; and because the keeping it is against the public good, the salvation of souls, and contrary, as they say, to the laws of God and man. Farther, all places of refuge, which are open to malefactors, and the worst of villains, are denied to heretics. Another punishment is imprisonment; or if they cannot be apprehended, they are put under the ban; so that any one, by his own private authority, may seize, plunder, and kill him as an enemy, or robber. The last penalty is death, the most terrible one that can be inflicted, viz. the being burnt to death. Such as are obstinate and impenitent, are to be burnt alive; others are to be first strangled, and then burnt.

Heretics are distinguished into open and secret. Open heretics are such, who publicly avow somewhat contrary to the Catholic faith, or which is condemned as such by the sentence of the inquisitors. Secret heretics are such who err in their mind, but have not shewn it outwardly by word or deed; and these are excommunicated ipso jure; or who by word or writing have discovered the heresy of their heart with secrecy and craft; and such are liable to all the punishments of heretics.

Again, heretics are either affirmative or negative. Affirmative heretics are such who err in their minds as to matters of faith; and who by word or deed shew that they are obstinate in their wills, and openly confess it before the inquisitor. Negative heretics are such, who being according to the laws of the inquisition convicted of some heresy before an inquisitor, yet will not confess it; constantly declaring that they profess the Catholic faith, and detest heretical pravity; or who owning heretical words or actions, deny the heretical intention; or who refuse to discover all their accomplices. Such are generally put to the torture.

Again, heretics are either impenitent or penitent. An impenitent is one who, being convicted of heresy, or having confessed it before an inquisitor, will not obey his judge, when he commands him to forsake his heresy and abjure it, but obstinately perseveres in his error; or who having confessed through fear of punishment, yet afterwards asserts his innocence, or doth not observe the penance enjoined him. Penitents are those who, being admonished by the inquisitor, abjure their error, and give suitable satisfaction, as the bishop or inquisitor enjoins them; either of their own accord, or upon any particular inquisition made after them. Such who return of their own accord, are treated with greater mildness; but the other enjoined a very severe penance. But they will by no means receive such who do not return till after frequent admonition, or till fear of death; or who endeavour any ways to persuade others to heresy, especially kings and queens, or the sons and daughters of princes.

Next to heretics are the believers of heretics, and such who receive, defend, and favour them; who by word or deed declare their belief of an heretic’s error, who knowingly take them into their houses and other places, and thus conceal them from the hands of the church, or give them notice to make their escape, or vindicate them on their trial, or hinder the procedure of the office of the inquisition; or who, being magistrates, refuse to extirpate them, or to apprehend and keep them in custody, or to punish them when given over to them by the inquisitors; or who being prelates or inquisitors, neglect to have safe prisons, and faithful jailkeepers, or to apprehend, torture, or punish heretics. These, ipso facto, incur excommunication; and if they remain under it a year, are to be punished as heretics. And finally, such who visit them privately, whilst in custody, and whisper with them, and give them food; or who lament their apprehension or death, or who complain they are unjustly condemned, or who look with a bitter countenance on their prosecutors, or who gather up the bones of heretics after they are burnt; these are all favourers of heresy, and are ipso jure excommunicated.

Such also who hinder the office of the inquisition are subject to this tribunal. This may be done by rescuing persons taken up for heresy from prison, or by wounding any of the witnesses against them; or by using threatenings, and terrifying words; or by hindering process, judgment, or sentence; or if a temporal lord ordains that no one shall take cognizance of heresy but himself, and that no one shall be accused but before his tribunal, nor any bear arms but those of his own household. The punishment of this is excommunication; which, if they continue under a year, they must either abjure, or be delivered over as heretics to the secular arm. Sometimes their whole dominions are put under interdict, and given to him who can first conquer them.

Yea, they extend this affair sometimes so far, that all manner of offences committed against any one that belongs to the inquisitors, though they have no relation to the faith, are punished in the same manner as though the office of the inquisition had been hindered by them, or the inquisitor himself had received some grievous injury. Reginald Gonsalvius[259] gives us a remarkable instance of this, which happened in the former age at Seville. The bishop of Terragone, chief inquisitor at Seville, went one summer for his diversion to some pleasant gardens situate by the sea side, with all his inquisitory family, and walked out, according to his custom, with his episcopal attendance. A child of the gardener, two or three years old at most, accidentally sat playing upon the side of a pond in the garden, where my lord bishop was taking his pleasure. One of the boys that attended his lordship, snatched out of the hand of the gardener’s child a reed, with which he was playing, and made him cry. The gardener hearing his child, comes to the place; and when he found out the occasion of his crying, was angry, and bad the inquisitor’s servant restore the reed to him. And upon his refusal, and insolently contemning the countryman, he snatched it away; and as the boy held it fast, the gardener slightly hurt his hand by the sharp husk of the reed, in pulling it from him. The wound was far from being mortal, or from endangering the loss of any part, and so could not deserve a severe punishment. It was no more than a scratch of the skin, a mere childish wound, as one may imagine by the cause of it. However, the inquisitor’s boy came to his master, who was walking near the place, to complain about his wound; upon which the inquisitor orders the gardener to be taken up, and thrown into the inquisitory jail, and kept him there for nine months in very heavy irons; by which he received such damage in his circumstances, which were at best but mean, as the poor man could not easily recover; his children and wife, in the mean while, being ready to perish for hunger; and all because he did not pay deference enough to the inquisitor’s boy, as a member of the holy tribunal. At nine months end they dismissed him from jail, and would have persuaded him that they dealt much more mercifully with him than his crime deserved.

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Footnote 259:

P. 191.

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Again, there are other persons who are only suspected of heresy. This suspicion is threefold; light, vehement, or violent. A light suspicion arises from a person’s frequenting conventicles, and in his behaviour differing from the common conversation of the faithful. A vehement suspicion of heresy, is a person’s not appearing when called to answer upon any article of the faith; hindering the inquisition, giving council or assistance to heretics; or advising them to conceal the truth, or who knowingly accompany, visit, or receive them; or who are convicted of perjury or lying, in a cause of the faith; or who give ecclesiastical burial to heretics, or their favourers, or bury them in church yards with psalms and prayers; or who preserve the ashes, bones, garments, and the like, of buried heretics; or who think ill of some doctrine or order of the church, such as the power of the pope, the religion of the monks, the rites of the sacrament, and the like; or who persist in their excommunication for two years; such persons give such suspicions as are sufficient to put them to the torture. A violent suspicion arises from such external words and actions by which it may be effectually, and almost always concluded, that he who says or doth them is an heretic; such as the receiving the communion from heretics, and the like. Of these different kinds of suspicions the punishment is different. A person lightly suspected is enjoined canonical purgation, or may be made to abjure. One vehemently suspected may be commanded a general abjuration of all heresies; after which, if he relapses into his former heresy, or associates with, and favours heretics, he is delivered over to the secular power as a relapse. One violently suspected, is to be condemned as an heretic. If he confesses and abjures, he may be admitted to penance; but if he doth not confess, and will not abjure, he is to be delivered over to the secular court, and burnt.

And as some persons are suspected, others are defamed for heresy; such who are spoken against by common report, or such against whom there is legal proof before a bishop that they are spoken against upon account of heresy. And to this two witnesses suffice, though they have had their information from different persons, and though they do not agree as to time and place, and the causes of their knowledge; and though the person accused as defamed, can prove himself to be of good reputation. The punishment of one thus defamed is canonical purgation, and some other ordinary penalty.

Again, other persons are relapsed; such who after having been convicted, either by the evidence of the fact, or their own confession, or legal witnesses, have publicly abjured their heresy, and are convicted of falling into the same again, or into any different heresy, or into a violent suspicion of heresy, and who accompany, visit, and favour heretics; or who are found to be perjured after abjuration, or who after abjuration and purgation do not perform the penance enjoined them. But there is this difference between the last, and the former relapsed persons; that the former are left without mercy to the secular arm; whereas it is in the inquisitor’s pleasure to deliver the latter to secular judgment, or not.

Those also who read and keep prohibited books are subject to the tribunal of the inquisition. Pope Pius V. by a bull excommunicated, amongst others, all who should knowingly read, keep in their houses, print, or in any wise defend, for any cause, publicly or privately, under any pretence or colour, prohibited books, without the authority of the apostolic see. If any one brings heretical books into any Catholic countries, he is not only excommunicated, but his goods confiscated, and himself whipped, if he be of mean condition; but if he is of the better sort, he is banished at the pleasure of the inquisitor. If there arises any vehement suspicion of heresy, from any one’s reading, keeping, defending, or printing the books of heretics, he may be put to the torture to discover the truth. If any of the clergy read or keep prohibited books, they are vehemently suspected; and may be deprived of the active and passive voice, suspended from divine services, deprived of the offices of reading, preaching, &c. and be enjoined fastings, pilgrimages, and the like.

The inquisitors also take cognizance of those who marry several wives at once, because they are presumed to think wrong of the sacrament of matrimony. If upon examination any one affirms it lawful for a christian man to have several wives at once, he is taken for a formal heretic, and is to be punished as such. If he denies any heretical intention, he must be put to the torture; that the inquisitors may know what his mind is, and whether he married two wives out of any erroneous opinion concerning the sacrament of matrimony, or through lust, or carnal concupiscence. All such persons are suspected of heresy, and must abjure as such, and may be condemned to the gallies.

If any one celebrates mass, or hears confession, and gives absolution, not being in priest’s orders, he is vehemently suspected of heresy; and must abjure as such, and then be delivered over to the secular arm, to be punished with death. Raynald gives us an instance of one who said he was a bishop, though he had not the pope’s bull, and as such consecrated priests. The story is this: “James the priest, a false Minorite, born in the dutchy of Juliers, forged the pope’s bull, and declared in the Netherlands that he was a bishop; and although he had not been ordained a bishop, he consecrated priests by a false ceremony in several dioceses of Germany and the Low Countries. At length he was convicted of his wickedness, and the magistrates of Utrecht thought fit, not to condemn him to the flames, that he might be quickly consumed, but to be gradually burnt by boiling water, that so they might conquer his obstinacy, because he most impudently refused to acknowledge his crime. But being gradually let down into the boiling cauldron, and overcome with the extremity of the pain, he detested his wickedness, and prayed that he might receive a milder punishment. His judges being moved with compassion, ordered him to be taken out of the boiling cauldron, and then to be beheaded.”

Those also who solicit women or boys to dishonourable actions in the sacramental confession, are subject to this tribunal. Pius IV. published a bull against them; and when this bull was first brought into Spain, all persons were commanded by a public edict, solemnly published throughout all the churches of the archbishopric of Seville, that whosoever knew or had heard of any monks or clergymen who had abused the sacrament of confession to these crimes, or had in any manner acted in this vile manner at confession with their wives or daughters, they should discover them within thirty days to the holy tribunal; and very grievous censures were annexed to such as should neglect or contemn it. When the decree was published, so large a number of women went to the palace of the inquisitors in the city of Seville only, to make their discoveries of these most wicked confessors, that twenty secretaries, with as many inquisitors, were not sufficient to take the depositions of the witnesses. The lords inquisitors being thus overwhelmed with the multitude of affairs, assigned another thirty days for the witnesses; and when this was not sufficient, they were forced to appoint the same number a third and a fourth time. For as to women of reputation, and others of higher condition, every time was not proper for them to apply to the inquisitors. On one hand, their conscience forced them to a discovery through a superstitious fear of the censures and excommunication; and on the other hand, their regard to their husbands, whom they were afraid to offend, by giving them any ill suspicion of their chastity, kept them at home; and therefore veiling their faces, after the Spanish custom, they went to the lords inquisitors, when, and as privately as they could. Very few, however, with all their prudence and craft, could escape the diligent observation of their husbands at the time of discovery, and hereby possessed their minds with the deepest jealousy. However, after so many had been informed against before the inquisitors, that holy tribunal, contrary to all men’s expectations, put a stop to the affair, and commanded all those crimes which were proved by legal evidence, to be buried in eternal oblivion.

It is required that this solicitation be made in the act of sacramental confession; and such confessors are vehemently suspected, and must abjure as such, and be enjoined fastings and prayers, and may be condemned to the gallies, or perpetual imprisonment; must be suspended from hearing confessions, and deprived of their benefices, dignities and the like.

Yea, sometimes, according to the heinousness of the offence, a more grievous punishment is inflicted. “The Venetians ordered one of them to be burnt alive, by command of the pope. He had been father confessor to some nuns in the dominions of Venice, and had got twelve of them with child; amongst whom the abbess and two others had children in one year. As he was confessing them, he agreed with them about the place, manner, and time of lying with them. All were filled with admiration and astonishment, taking the man for a perfect saint, he had so great a shew of sanctity in his very face.” Epist. ad Belgas, Cent. 1. Ep. 66. p. 345. & Ep. 63. p. 316.

In Portugal also the crime of sodomy belongs to the tribunal of the inquisition. By the laws of that kingdom sodomites are punished with death, and confiscation of all their effects; and their children and grandchildren become infamous. After the natural death of a sodomite, if the crime hath not been proved, they cannot proceed against him, neither as to the crime, nor confiscation of effects, although the crime can be proved by legal witnesses; because crimes, which are not particularly excepted, of which sodomy is one, are extinguished by the death of the delinquent. Nor do they proceed against a dead sodomite, nor confiscate his effects, although he hath been convicted, or confessed when he was alive. If such a one takes sanctuary in a church, he cannot be taken out of it.

If we compare these things with the punishments of heretics, it will appear that the crime of sodomy in the kingdom of Portugal is esteemed a much smaller one than that of heresy, because sodomites enjoy privileges which are denied to heretics. And yet it may happen, that a truly pious man, who fears God, and is most careful of his eternal salvation, may be accounted an heretic by the Portuguese inquisitors; whereas, a sodomite cannot but be the vilest of men. But it is not at all strange, that by the laws of that tribunal Barabbas should be released, and Christ crucified.

Blasphemers also, who deny God, or their belief in him, or the virginity of our Lady, are subject to the inquisitors, and punished in the following manner. If the blasphemy be very heinous, and the blasphemer a mean person, he is made to wear an infamous mitre, hath his tongue tied, and pinched with an iron or wooden gag, is carried forth as a public spectacle without his cloak, whipped with scourges, and banished. But if he be a person of better condition, or noble, he is brought forth without the mitre, thrust for a time into a monastery, and punished with a fine. In smaller blasphemies they are dealt with more gently, at the pleasure of the inquisitors, viz. the blasphemer is condemned to stand, during divine service, upon some holiday or other, with his head naked, without his cloak and shoes, his feet naked, a cord tied round him, and holding a burning wax-taper in his hands. Sometimes also they squeeze his tongue with a piece of wood. After divine service is over his sentence is read, by which he is enjoined fastings, and a fine.

This punishment, however, doth not take place as to a clergyman. For if a clergyman was to appear without his shoes, and with an halter about his neck, and thus stand at the gates of the church before the people, the clerical order, and the ministry of the clergy would suffer disgrace; and it would become a wonder, and evil example to the laity, if the blaspheming clergy were thus exposed.

In these cases the inquisitors mostly act according to their own pleasure, who have an ample power of judging according to the nature and heinousness of the crimes. A certain person who had a quarrel with a clergyman of Ecya, a city in Spain, accidentally said, in the hearing of others, that he could not believe that God would come down into the hands of so profligate an adulterer. The vicar of the ordinary fined him for the speech. But the clergyman, not contented with this revenge, afterwards accused him of blasphemy at the tribunal of the inquisitors at Seville. Nor did the fine to which he was before condemned by the ordinary, prevent his being taken up by command of the inquisitors, imprisoned for a whole year, brought out in triumph without cloak or hat, carrying a wax candle in his hand, his tongue gagged with a wooden gag, thus to punish his blasphemy; and being forced to abjure, as lightly suspected, he was fined a second time.

Fortune-tellers, who look into the palms of the hands, such who exercise divination by lots, and use candles and holy water to discover stolen goods, if they deny any heretical intention, may be tortured to discover it; and if found guilty, are excommunicated, whipped, banished, and subject to other punishments. If any pretend to foretel the mysteries of faith by the stars, or the life or death of the pope, or his kindred, they may be punished with death, and confiscation of goods. With these fortune-tellers are joined witches; who are reported to deny the faith, and make a compact with the devil. These poor wretches are miserably tortured to force them to confess, and then burnt. The inquisitors, within the space of 150 years, burnt 30,000 of them.

Finally, the Jews are also severely handled by this tribunal. The inquisition, indeed, is not designed to compel the Jews to turn Christians, but is introduced against those who, being converted from Judaism to Christianity, return again to the principles they have forsaken; or who deny matters of faith common to them and Christians; or if they invoke devils, or sacrifice to them; or if they speak heretical blasphemies, or pervert a Christian from the faith, or hinder infidels from being converted; or knowingly receive an heretic, or keep heretical books, or deride the host or the cross; or keep Christian nurses, and the like. But the inquisition is levelled principally against those, who having professed Christianity, and been baptized, turn again to Judaism. When suspected they are liable to the torture, may be compelled to abjure, fined, imprisoned, whipped, or burnt, according to the nature of their errors, or heretical actions.

SECT. IV.
_Of the manner of proceeding before the tribunal of the Inquisition._

It now remains that I give some account of what relates to the execution of the inquisitorial office.

When the inquisitor is first constituted by the pope, he must present himself to the king, or other temporal lord of those territories in which he is to act, and deliver his apostolic commission, and demand full protection for himself and officers, in all matters belonging to their office. He must also shew his commission to the archbishops and bishops of the dioceses in which he is sent. Finally, he takes an oath from the civil officers, that they will defend the faith, and obey the inquisitor with all their might; and this oath they may compel them to take, under pain of excommunication, and all the punishments which attend it.