This sensitiveness survived the Peninsular War and was vigorous to the last. In 1816 there is considerable correspondence respecting the wife of Don Rufino de Acha, settled in Bilbao as a merchant, who had married in England a Protestant named Doña Juana de Ancell—presumably Jane Hansell. From this it appears that, after a discussion lasting nearly a year, she was given the alternative of leaving Spain or of conversion and that she accepted the latter.[1268]
HERETIC TROOPS
This persistent dread of heretics is vividly reflected in one of the last acts of the Suprema prior to its suppression. In 1819 it issued an elaborate series of instructions for the guidance of commissioners at the sea-ports in the visitas de navios, or examination of all ships on their arrival. This was principally intended to prevent the introduction of prohibited books, which will be considered hereafter, but the sections devoted to heretics show that the regulations adopted at the treaty of 1605 were still in force. Foreign heretics were not to be prosecuted for acts committed abroad but, for anything done in Spain and causing scandal, they were to be arrested and transmitted to the tribunal for trial. They were not to be compelled to enter churches but, if they did so, they were to pay due respect to the Sacrament and, on meeting it in the street, they were to kneel or remove themselves out of the way. Strangers were forbidden to keep public houses for the entertainment of Protestant shipmasters and sailors or travellers. The commissioner was to be vigilant in ascertaining and reporting to the tribunal everything they said against the Catholic faith, how they behaved in public and in private and whether any scandal was caused to the faithful.[1269] Spain was the same as it had been two centuries before.
There was one exception, however, to the prohibition of the hated presence of heretics on Spanish soil. Constantly recurring war necessitated the employment of whatever troops could be had, irrespective of their spiritual condition. It was the German bands of Lutherans under Georg Fronsberg who sacked Rome for Charles V in 1527. Foreign mercenaries were continually in Spanish service, and they grew more indispensable in the seventeenth century with the decline both in population and military ardor. The revolts of Portugal and Catalonia, in 1640, rendered Spain the battle-field, and recruits from any source were welcome, who of course could not be subjected to inquisitorial interference, no matter what their faith. The Inquisition in vain pointed out the dangers thence arising. In a consulta of November 13, 1647, the Suprema related with grief that four hundred German soldiers, landed at San Sebastian, on their way to Catalonia, were disseminating their errors, distributing heretic books and outraging images.[1270] There was no help for it and, after war had ceased on Spanish territory, the employment of foreign regiments continued to excite its susceptibilities. In 1668, the Suprema arguing in a consulta for the maintenance of its prerogatives, urged that they were especially necessary, in view of the presence of such bodies of soldiers, many of whom were heretics.[1271]
Still, there was an effort made to preserve the Spanish organizations from wolves in sheep’s clothing. Fernando VI issued a decree, December 31, 1756, imposing the death-penalty on any heretic who pretended to be a Catholic in order to enlist and, in 1765, Carlos III modified this to expulsion from the kingdom under pain of ten years’ labor in the bagne, adding that, if the heretic when enlisting had sworn that he was a Catholic, he should run the gauntlet twice before expulsion.[1272]
ADMISSION OF CONVERTS
There was some slight compensation, for the presence of these heretics, in the field which they furnished for missionary work. There were frequent conversions, especially when the chaplains were zealous for the salvation of souls. One of these was Francisco Columbano Burke, chaplain of the first Swiss battalion, who held a faculty for this purpose as commissioner of the Inquisition. He writes, May 23, 1764 from Tarragona to the Barcelona tribunal, forwarding the abjurations of six converts in the Swiss regiment of St. Gall and giving the names of twenty-four others, who were ready for conversion. They were duly gathered in when there proved to be ten Calvinists and fifteen Lutherans.[1273] The exclusive jurisdiction of the Inquisition over heresy rendered its interposition necessary in this, for it alone could admit the heretic to incorporation in the Church, it alone could judge of the degree of his sin, determine whether he was rightfully a son of the Church through baptism, and whether he was worthy of admission through repentance. In theory he was a heretic spontaneously denouncing himself and, when these conversions became frequent, early in the seventeenth century, they took the form of a regular trial, in which the fiscal acted on one side and the convert had counsel assigned to him on the other while, in the form of abjuration administered, he pledged submission to the penalties of relapse in case of backsliding.[1274] Indeed the Suprema felt it necessary, April 22, 1605, to warn the tribunals that foreigners coming forward voluntarily and confessing their errors were not to be imprisoned but were to be welcomed; their reconciliation was to be in the audience chamber, without sanbenito or confiscation, and with spiritual penances only; then they were to confess their errors sacramentally and receive absolution for their sins.[1275] Heresy, even congenital, was a mortal sin, to be duly atoned for.
Subsequently the rigor of these formalities was abandoned and the process was facilitated, although it was still formidable. Printed instructions for commissioners, apparently drafted in the eighteenth century, prescribe a minute examination into the life and history of the convert and his motives, so as to be satisfied that his object is really salvation. All details as to his baptism are to be specially inquired into, so as to be assured whether or not he is really baptized, and, if there is any doubt, proceedings are to be suspended until the tribunal can be consulted. He is also made to specify all the errors of his former religion, and to utter a profession of faith in which he promises to reduce, as far as he can, all heretics to Catholicism and to denounce them to the Inquisition. He is also to be asked whether he knows of any heretics save those permitted for the sake of trade, and whether any of the latter have transgressed the conditions of their residence. Also, whether he has ever professed Catholicism, and whether he has been instructed in it sufficiently to incur the obligation of its profession, in which case he is required to abjure and to be formally reconciled and is absolved from the excommunication which he has incurred, while, if he has never known Catholicism, he is absolved ad cautelam. If he is less than 25 years of age, a curador is to be appointed, with all the formalities, who is to be present and to consent to all the proceedings. There is suggestiveness in the contrast of this cautious detail with the multitudinous sprinkling by which Jews and Moors were incorporated in the Church.
PROTESTANTISM