If the accused was an impenitent heretic, he was condemned, but the auto-da-fé was never celebrated until every means had been tried to convert him; if he was obstinate, he was delivered up to the justice of the king, and burnt. If the unfortunate heretic had relapsed, it was in vain for him to return to the true faith; he could not avoid death, and the only favour shewn him was, that he was first strangled, and afterwards burnt. Those who escaped from the prisons, or fled to avoid being arrested, were burnt in effigy.

The tribunal of the Inquisition being ecclesiastical, had originally only the power of inflicting spiritual punishments; but the laws of the emperors during the fourth and following centuries, and other circumstances, caused the inquisitors of the thirteenth century to assume the right of imposing punishments entirely temporal, except that of death. The sentence of the Inquisition imposed a variety of fines and personal penalties; such as entire or partial confiscation; perpetual, or a limited period of imprisonment; exile, or transportation; infamy, and the loss of employments, honours, and dignities. Those persons who abjured as seriously suspected of heresy, were condemned to be imprisoned for a certain time proportioned to the degree of suspicion. If the accused was violently suspected, he was condemned to perpetual imprisonment, but the inquisitor had the power of mitigating the sentence, if he judged that the prisoner repented sincerely. If the abjurer had been a formal heretic, he was imprisoned for life, and the inquisitor had not the power of shortening the duration of the punishment.

Among the punishments to which heretics were condemned, must be enumerated that of wearing the habit of a penitent, known in Spain under the name of San Benito, which is a corruption of saco bendito. Its real name in Spanish was Zamarra. The first became the common name, because the penitential habit was called sac in the Jewish history.

Before the thirteenth century it was the custom to bless the sac which was worn in public penance, and hence it derived the epithet of bendito (blessed). It was a close tunic, made like the cassock of a priest, with crosses of a different colour affixed to the breast. St. Dominic and the other inquisitors caused the reconciled heretics to wear these crosses, as a protection against the Catholics who massacred all known heretics, although they might be unarmed. The reconciled heretics wore two crosses to distinguish them from pure Catholics, who only wore one as crusaders.

CHAPTER V.
ESTABLISHMENT Of THE MODERN INQUISITION IN SPAIN.

THE state of the Inquisition in the kingdom of Aragon, at the accession of Ferdinand and Isabella, has been shown in a preceding chapter. This tribunal was then introduced into the kingdom of Castile, after having been reformed by statutes and regulations so severe, that the Aragonese violently resisted the fresh burdens which were imposed on them.

This is the Inquisition which has reigned in Spain since the year 1481, which was destroyed, to the satisfaction of all Europe, and which has since been re-established to the grief of all enlightened Spaniards.

The war against the Albigenses was the first cause of the establishment of the Inquisition; and the pretended necessity of punishing the apostacy of the newly-converted Spanish Jews, was the reason for introducing it in a reformed state. It is important to remark, that the immense trade carried on by the Spanish Jews had thrown into their hands the greatest part of the wealth of the Peninsula; and that they had acquired great power and influence in Castile under Alphonso IX., Peter I., and Henry II.; and in Aragon under Peter IV. and John I. The Christians, who could not rival them in industry, had almost all become their debtors, and envy soon made them the enemies of their creditors. This disposition was fostered by evil-minded men, and popular commotions were the consequence in almost all the towns of the two kingdoms. In 1391, five thousand Jews were sacrificed to the fury of the people in different towns. Several were known to have escaped death by becoming Christians; many others sought to save themselves in following their example; and in a short time more than a million persons renounced the law of Moses to embrace the Christian faith. The number of conversions increased considerably during the ten first years of the fifteenth century, through the zeal of St. Vincent Ferrier and several other missionaries; they were seconded by the famous conferences which took place in 1413 between several Rabbis and the converted Jew, Jerome de Santafé. The converted Jews were named New Christians; they were also called Marranos, or the cursed race, from an oath which the Jews were in the habit of using among themselves. As the fear of death was the cause of most of these conversions, many repented, and secretly returned to Judaism, though they outwardly conformed to Christianity. The constraint to which they were obliged to submit was sometimes too painful, and several were discovered. This was the ostensible reason for the establishment of a tribunal which gave Ferdinand an opportunity of confiscating immense riches, and which Sextus IV. could not but approve, as it tended to augment the credit of the maxims of the court of Rome; it is to these projects, concealed under the appearance of zeal for religion, that the Inquisition of Spain owes its origin.

In 1477, Philip de Barbaris, inquisitor of the kingdom of Sicily, went to Seville, to obtain from Ferdinand and Isabella the confirmation of a privilege granted in 1233, by the Emperor Frederic, which gave to the Inquisition of Sicily the right of seizing a third part of the property of condemned heretics. Barbaris, through zeal for the interests of the Pope, endeavoured to persuade the king that the Christian religion derived the greatest advantages from the fear which the judgments of the Inquisition inspired. He was eagerly seconded by Alphonso de Hojida, prior of the convent of Dominicans at Seville; and Nicholas Franco, the nuncio of the Pope at the court of Spain. A report was then spread in different parts of the kingdom that the New Christians, with the unbaptized Jews, insulted the images of Jesus Christ, and had even crucified Christian children in mockery of his sufferings on the cross. Ferdinand was willing to receive the Inquisition into his states: the only obstacle was the refusal of Isabella; that excellent queen could not approve of measures so contrary to the gentleness of her character, but her consent was obtained by alarming her conscience: she was told that it became a religious duty to adopt them in the present circumstances.

Isabella suffered herself to be led away by the representations of her council, and commissioned her ambassador at Rome, Don Francis de Santillan, Bishop of Osma, to solicit in her name a bull for the establishment of the Inquisition in Castile, which was granted in 1478. It authorized Ferdinand and Isabella to name the priests who were to be commissioned to discover in their states all heretics, apostates, and favourers of these crimes. As this measure was displeasing to Isabella, her council, by her order, suspended the execution of the bull until less severe remedies had been tried.