It was a Sicilian Inquisitor, Philip Barberis, who suggested to Ferdinand the Catholic the advantage he might secure by extending the Holy Office to Castile. Ferdinand avowed his willingness; and Sixtus IV. gave the project his approval in 1478. But it met with opposition from the gentler-natured Isabella. She refused at first to sanction the introduction of so sinister an engine into her hereditary dominions. The clergy now contrived to raise a popular agitation against the Jews, reviving old calumnies of impossible crimes, and accusing them of being treasonable subjects. Then Isabella yielded; and in 1481 the Holy Office was founded at Seville. It began its work by publishing a comprehensive edict against all New Christians suspected of Judaizing, which offense was so constructed as to cover the most innocent observance of national customs. Resting from labor on Saturday; performing ablutions at stated times; refusing to eat pork or puddings made of blood; and abstaining from wine, sufficed to color accusations of heresy. Men who had joined the Catholic communion after the habits of a lifetime had been formed, thus found themselves exposed to peril of death by the retention of mere sanitary rules.[83]
Upon the publication of this edict, there was an exodus of Jews by thousands into the fiefs of independent vassals of the crown—the Duke of Medina Sidonia, the Marquis of Cadiz, and the Count of Arcos. All emigrants were ipso facto declared heretics by the Holy Office. During the first year after its foundation, Seville beheld 298 persons burned alive, and 79 condemned to perpetual imprisonment. A large square stage of stone, called the Quemadero, was erected for the execution of those multitudes who were destined to suffer death by hanging or by flame. In the same year, 2000 were burned and 17,000 condemned to public penitence, while even a larger number were burned in effigy, in other parts of the kingdom.
While estimating the importance of these punishments we must remember that they implied confiscation of property. Thus whole families were orphaned and consigned to penury. Penitence in public carried with it social infamy, loss of civil rights and honors, intolerable conditions of ecclesiastical surveillance, and heavy pecuniary fines. Penitents who had been reconciled, returned to society in a far more degraded condition than convicts released on ticket of leave. The stigma attached in perpetuity to the posterity of the con demned, whose names were conspicuously emblazoned upon church-walls as foemen to Christ and to the State.
It is not strange that the New Christians, wealthy as they were and allied with some of the best blood in Spain, should have sought to avert the storm descending on them by appeals to Rome. In person or by procurators, they carried their complaints to the Papal Curia, imploring the relief of private reconciliation with the Church, special exemption from the jurisdiction of the Holy Office, rehabilitation after the loss of civil rights and honors, dispensation from humiliating penances, and avvocation of causes tried by the Inquisition, to less prejudiced tribunals. The object of these petitions was to avoid perpetual infamy, to recover social status, and to obtain an impartial hearing in doubtful cases. The Papal Curia had anticipated the profits to be derived from such appeals. Sixtus IV. was liberal in briefs of indulgence, absolution and exemption, to all comers who paid largely. But when his suitors returned to Spain, they found their dearly-purchased parchments of no more value than waste paper. The Holy Office laughed Papal Bulls of Privilege to scorn, and the Pope was too indifferent to exert such authority as he might have possessed.
Meanwhile, the Inquisition rapidly took shape. In 1483 Thomas of Torquemada was nominated Inquisitor General for Castile and Aragon. Under his rule a Supreme Council was established, over which he presided for life. The crown sent three assessors to this board; and the Inquisitors were strengthened in their functions by a council of jurists. Seville, Cordova, Jaen, Toledo, became the four subordinate centers of the Holy Office, each with its own tribunal and its own right of performing autos da fé. Commission was sent out to all Dominicans, enjoining on them the prosecution of their task in every diocese.
In 1484 a General Council was held, and the constitution of the inquisition was established by articles. In these articles four main points seem to have been held in view. The first related to the system of confiscation, fines, civil disabilities, losses of office, property, honors, rights, inheritances, which formed a part of the penitentiary procedure, and by which the crown and Holy Office made pecuniary gains. The second secured secrecy in the action of the tribunal, whereby a door was opened to delation, and accused persons were rendered incapable of rational defense. The third elaborated the judicial method, so as to leave no loophole of escape even for those who showed a wish to be converted, empowering the use of torture, precluding the accused from choosing their own counsel, and excluding the bishops from active participation in the sentence. The fourth multiplied the charges under which suspected heretics, even after their death might be treated as impenitent or relapsed, so as to increase the number of victims and augment the booty.
The two most formidable features of the Inquisition as thus constituted, were the exclusion of the bishops from its tribunal and the secrecy of its procedure. The accused was delivered over to a court that had no mercy, no common human sympathies, no administrative interest in the population. He knew nothing of his accusers; and when he died or disappeared from view no record of his case survived him.
The Inquisition rested on the double basis of ecclesiastical fanaticism and protected delation. The court was primâ facie hostile to the accused; and the accused could never hope to confront the detectives upon whose testimony he was arraigned before it. Lives and reputations lay thus at the mercy of professional informers, private enemies, malicious calumniators. The denunciation was sometimes anonymous, sometimes signed, with names of two corroborative witnesses. These witnesses were examined, under a strict seal of secrecy, by the Inquisitors, who drew up a form of accusation, which they submitted to theologians called Qualificators. The qualificators were not informed of the names of the accused, the delator, or the witnesses. It was their business to qualify the case of heresy as light, grave, or violent. Having placed it in one of these categories, they returned it to the Inquisitors, who now arrested the accused and flung him into the secret prisons of the Holy Office. After some lapse of time he was summoned for a preliminary examination. Having first been cautioned to tell the truth, he had to recite the Paternoster, Credo, Ten Commandments, and a kind of catechism. His pedigree was also investigated, in the expectation that some traces of Jewish or Moorish descent might serve to incriminate him. If he failed in repeating the Christian shibboleths, or if he was discovered to have infidel ancestry, there existed already a good case to proceed upon. Finally, he was questioned upon the several heads of accusation condensed from the first delation and the deposition of the witnesses. If needful at this point, he was put to the torture, again and yet again.[84] He never heard the names of his accusers, nor was he furnished with a full bill of the charges against him in writing. At this stage he was usually remanded, and the judicial proceedings were deliberately lengthened out with a view of crushing his spirit and bringing him to abject submission. For his defence he might select one advocate, but only from a list furnished by his judges; and this advocate in no case saw the original documents of the impeachment. It rarely happened, upon this one-sided method of trial, that an accused person was acquitted altogether. If he escaped burning or perpetual incarceration, he was almost certainly exposed to the public ceremony of penitence, with its attendant infamy, fines, civil disabilities, and future discipline. Sentence was not passed upon condemned persons until they appeared, dressed up in a San Benito, at the place of punishment. This costume was a sort of sack, travestying a monk's frock, made of coarse yellow stuff, and worked over with crosses, flames, and devils, in glaring red. It differed in details according to the destination of the victim: for some ornaments symbolized eternal hell, and others the milder fires of purgatory. If sufficiently versed in the infernal heraldry of the Holy Office, a condemned man might read his doom before he reached the platform of the auto. There he heard whether he was sentenced to relaxation—in other words, to burning at the hands of the hangman—or to reconciliation by means of penitence. At the last moment, he might by confession in extremis obtain the commutation of a death sentence into life-imprisonment, or receive the favor of being strangled before he was burned. A relapsed heretic, however—that is, one who after being reconciled had once again apostatized, was never exempted from the penalty of burning. To make these holocausts of human beings more ghastly, the pageant was enhanced by processions of exhumed corpses and heretics in effigy. Artificial dolls and decomposed bodies, with grinning lips and mouldy foreheads, were hauled to the huge bonfire, side by side with living men, women, and children. All of them alike—fantoccini, skeletons, and quick folk—were enveloped in the same grotesquely ghastly San Benito, with the same hideous yellow miters on their pasteboard, worm-eaten, or palpitating foreheads. The procession presented an ingeniously picturesque discord of ugly shapes, an artistically loathsome dissonance of red and yellow hues, as it defiled, to the infernal music of growled psalms and screams and moanings, beneath the torrid blaze of Spanish sunlight.
Spaniards—such is the barbarism of the Latinized Iberian nature—delighted in these shows, as they did and do in bull-fights. Butcheries of heretics formed the choicest spectacles at royal christenings and bridals.
At Seville the Quemadero was adorned with four colossal statues of prophets, to which some of the condemned were bound, so that they might burn to death in the flames arising from the human sacrifice between them.