A History of the Inquisition of Spain; vol. 3

by Henry Charles Lea

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]

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]

CHAPTER II.
MORISCOS.[867]

WE have seen that, in the progress of the Reconquest, as Moorish territories were successively won, the inhabitants were largely allowed to remain, under guarantees for the free enjoyment of their religion and customs. These Mudéjares, as they were called, formed a most useful portion of the population, through their industry and skill in the arts and crafts. When, in 1368, Charles le Mauvais of Navarre granted to the Mudéjares of Tudela a remission of half their taxes for three years, in reward of their assistance during his wars, especially in fortification and engineering, it shows that the conquering race depended on them not merely for manual labor but for the higher branches of applied knowledge.[868] As a rule they were faithful in peace and war, during the long centuries of internal strife between the Christians, and of struggles with their co-religionists.