A History of the Inquisition of Spain; vol. 3

by Henry Charles Lea

The hearing of mass as a penitent, which was a very frequent infliction, cannot be classed as a spiritual penance—it was a simple humiliation and was so intended, especially when performed publicly in church.

UNUSUAL PENALTIES.

UNUSUAL PENALTIES

A few instances will indicate how the tribunals sometimes used their wide discretion in adapting to any given case what was deemed an appropriate penalty. It is true that when Valencia, in 1539, made Fray Torres, a priest, appear in a public auto de fe, with a bridle in his mouth and a pannier of straw on his back, the Suprema rebuked it and forbade such eccentricities for the future.[353] So when, in 1568, Inquisitor Morales reported that, during his visit to San Sebastian, he had condemned certain offenders to have sermons preached at their expense, the Suprema mildly remarked that this was a novelty.[354] In an auto de fe at Llerena, in 1579, there was a negress named Catalina, the slave of a man of Zafra. It was doubtless through consideration of his interests that she was spared the corporal chastisement visited on her accomplices, but there was a distinct invasion of his rights in a prohibition to him to sell her without licence from the inquisitors.[355] In 1607, at Valencia, a single witness accused María Tubarri, a Morisca midwife, of using Moorish ceremonies in baptising infants, and of circumcising the males; the proof, against her denial, was not thought sufficient to justify torture and she was required only to abjure de levi, but she was deprived for life of practising her profession.[356] There was wisdom, if a trifle arbitrary, in a sentence at Toledo, in 1685, on Lucas Morales for blasphemy, for it included, among other penalties, a prohibition to gamble—a sensible provision against relapse, for gaming was recognized as the most prolific source of blasphemy.[357]

There was the same latitude in vindictive as in deterrent punishments. At Valladolid, from 1635 to 1637, there were several Judaizers convicted of maltreating an image of Christ. The consultors voted for relaxation, but the Suprema approved the decision of the inquisitors that they should have the right arm nailed to a stake in the form of a cross, while their sentences were being read in an auto de fe.[358] Less symbolical and still more original was a spectacle devised for the Mexican auto of December 7, 1664, where one of the penitents was stripped to the waist, while two Indians smeared him with honey and covered him with feathers, in which guise he was made to stand in the sun for four hours on the staging.[359] Even recruiting for the army was not beneath the dignity of the tribunal as when, in 1650, Toledo condemned Andrés de Herrera Calderon, for blasphemy, to serve for four years in the campaigns against Portugal and Catalonia, where doubtless he enriched his vocabulary of expletives.[360]

There evidently was no defined limit to the power of suiting the penalty to the inquisitorial conception of the offence, and the tribunals made ample use of their prerogative.

CHAPTER III.
HARSHER PENALTIES.

THE SCOURGE.

ALTHOUGH at first sight the use of the lash, as a persuasive to correct religious belief, may appear somewhat incongruous, it must be borne in mind that, under the euphemy of the discipline, it has always formed a prominent feature of penance, especially among the monastic orders where, in the daily or weekly chapters, it was liberally administered for all infractions of the Rule or other sins, as a preliminary to absolution. In fact, the touching of the penitent’s shoulder with a wand by the priest in absolution from excommunication, is a symbol of the discipline which was anciently indispensable. In the Old Inquisition it was in frequent use, although there it was rendered a matter of edification, through its infliction by priests during divine service or in religious processions. That it should form part of the penal resources of the Spanish Holy Office was therefore natural, although it lost its penitential aspect and became purely punitive and vindictive.

It was no longer the priest who wielded the discipline with an indeterminate number of strokes during an indeterminate series of feast-days. The tribunal prescribed the number of lashes and they were laid on by the vigorous arm of the public executioner. The penitents who had to suffer appeared in the auto de fe with halters around their necks; if there was one knot in the halter, it signified a hundred lashes, if two, two hundred and so on, one hundred being the unit and the minimum number. The next day the populace was treated to the spectacle. Mounted astride of asses, bared to the waist, with halter and mitre bearing inscription of their offences and a pié de amigo holding the head erect, they were paraded through the accustomed streets, with a guard of mounted familiars and a notary or secretary to make record, while the executioner plied the penca, or leather strap, on the naked flesh, until the tale was complete, and the town-crier proclaimed that it was by order of the Inquisition for the crimes specified. A clause in the proclamation, after the great Madrid auto of 1680, forbidding, under pain of excommunication, any one to throw stones at the penitents, indicates that the populace had a playful habit of thus manifesting its detestation of heresy.[361]