THE GALLEYS
Even this did not satisfy the royal exigency and a further inexcusable step was taken. We have seen that tardy and imperfect confessions were visited with scourging and sometimes with the galleys, while the buen confitente, who confessed promptly and freely, was allured with promises of special consideration and mercy. Yet, in 1573, the Suprema issued a carta acordada ordering that Conversos, even when buen confitentes, should be sent to the galleys, and this it repeated in 1591, with injunctions for its enforcement.[389] The name of religion has not often been more brutally prostituted than in these provisions, and their success may be measured by a report of the inquisitors of Saragossa to Philip, of an auto celebrated June 6, 1585, in which they call his special attention to their zeal in furnishing him with twenty-nine galley-slaves for six years, besides three left over from a previous auto—and this in Aragon, which forbade galley-service as a punishment for the most heinous crimes.[390]
The galley-captains naturally were not punctilious in discharging the men when their terms had expired, giving rise to perpetual friction. The sentence ordinarily was to a term of prison or exile, of which the first three years or more were to be passed at the oar, and this was set forth in the certificates given to the penitents. The tribunals kept watch over them, and demanded their return to serve out the rest of their sentences, but this was not an easy task. The vigilance exercised is illustrated by a royal cedula addressed to the captain of a galley, ordering him to release two men whose terms had expired, and warning him that in future all such persons were to be returned to the tribunal that had sentenced them.[391] This was followed, in 1568, by general instructions to Don John of Austria, as Captain-general of the Sea, and to all captains of galleys, reciting the complaints of the Sicilian tribunal that its reclamations of its penitents were not complied with, and ordering their restoration to their tribunals without waiting for demands.[392] This was ineffectual and, in 1575, we find the Barcelona tribunal instructed to prosecute the captains who impede the discharge of those who had served out inquisitorial sentences.[393] The trouble was perennial and, in 1645, we have a formula of requisition for the return of the party specified, under pain of excommunication and of five hundred ducats, and the tribunal of the port where the galleys lie is requested to see to its execution. A significant note however adds that this is scantly courteous to such great men as the generals of the galleys, and that it is better to ask the tribunal of the port to procure the release by friendly negotiation.[394]
The cases could not have been infrequent in which men, utterly unfit for the privations and ill-usage of the galley-slave, were condemned to this hard service, and no doubt many perished in consequence. Yet exemptions on this ground were reluctantly admitted, if we may judge from a rebuke administered, in 1665, by the Suprema to the Barcelona tribunal, in a case where this was asked; the opinions of the physician and surgeon were insufficient; other professionals must be called in and examination be made as to the penitent’s condition when, if it appears that he is unfit for the service, the sentence can be commuted to eight years of exile as proposed.[395] It is a marked expression of the humanitarian development of the eighteenth century that, even in the fierce persecution of its first quarter, in 1721 it was ordered that, before imposing a sentence to the galleys, the delinquent should be examined by the physician and surgeon and, if incapacitating weakness appeared, it should be mentioned in the vote of the consulta de fe that, in consequence of it, the sentence was commuted to irremissible imprisonment.[396] The succeeding autos show that this bore fruit in sundry commutations, although the alternative of irremissible prison was not observed, and less severe penalties were sometimes substituted.[397]
THE GALLEYS
In the sixty-four autos de fe between 1721 and 1727, of which we possess details, there were ninety-two sentences to the galleys and seven to service in the presidios. There was a certain relation between the two. In the seventeenth century legislation on offences connected with the coinage, the galleys were provided for commoners and presidio service for gentlemen and, as the century drew to a close, we find the Inquisition no longer sending gentlemen to serve as soldiers on the galleys but to Oran, Ceuta, Gibraltar, Badajoz, Peñon and other royal works and garrisons.[398] In the eighteenth century Inquisition, the galleys for all classes were gradually supplanted by the presidio, if we include in the term enforced labor in the royal dock-yards and arsenals as well as in the African garrisons. Galleys were disappearing from the sea and, in the Inquisition, they were superseded by the bagne, in its various forms of hard work. In 1742, the Toledo tribunal condemned Rafael Nuñez Hernández, for certain errors, to eight years of exile of which the first five were to be passed serving the king in the unwholesome quicksilver mines of Almaden, and the last sentences to the galleys that I have met occur in 1745, when Nicholas Serrano was condemned at Toledo for bigamy to eight years of service in them, and Miguel Gutiérrez and Francisco García, at Valladolid, for relapse into Judaism, to ten years. After this the galleys may be said to be obsolete, even for bigamy, as is seen in a sentence of the Valencia tribunal in 1781.[399]
The presidio continued as a punishment under the Restoration, but cases were so rare that there was question as to the reception of the convicts in their places of destination. In 1818, the Seville tribunal sentenced three persons—two for propositions and one for bigamy—to two years’ service in Ceuta or Melilla, and it asked the Suprema to get the minister of war to issue orders to the governors to receive them. The Suprema replied that this was the business of the tribunal; it must do as on former occasions, and if necessary could write to the governors. The forçats were duly received and, it is pleasant to add that, in six months, the Suprema humanely remitted the punishment in order that they might return and support their families. For this an order from the secretary of the Council of War was required and procured.[400]
For women, the equivalent of the galleys was service without pay in hospitals, houses of correction and similar institutions. Apparently these female convicts were not always regarded as desirable inmates and though, in the pre-revolutionary times, no opposition was ventured, under the Restoration there was sometimes difficulty in securing their admission. In 1819 the Seville tribunal appealed to the Suprema, representing that it had been unable thus to dispose of Juana de Luna, for the same reasons which it had experienced in the cases of Ana Barbero and Leonor Macias. The Inquisition inspired no such terror as of old, for the Suprema could suggest no means of overcoming the difficulty, and could only instruct the tribunal to devise some method of executing its sentences.[401]
It is not to the credit of the Roman Inquisition that it followed the example of the Spanish and included the galleys in its list of punishments. Carena, indeed, tells us that it was the most usual of all and was the customary penalty in a wide variety of offences.[402]