He started, as we have seen, on May 22, 1611, with the Edict of Grace; his work was thoroughly conscientious and he did not return until January 10, 1612, after which he employed himself, until March 24th, in drawing up his report to the Suprema, which was accompanied with the original papers, amounting to more than five thousand folios. It will be remembered that an Edict of Grace was published in 1610 with little or no result. In contrast with this, showing the effect of a different spirit in its administration, Salazar received eighteen hundred and two applicants, of whom thirteen hundred and eighty-four were children of from twelve to fourteen years of age and, besides these, there were eighty-one who revoked confessions previously made. All applicants for reconciliation made full confessions of misdeeds, after kindly warning of the obligation to tell the truth and the danger of committing perjury, and were promised secrecy to relieve them of fear. The enormous mass of evidence thus collected Salazar carefully analyzed and presented under four heads—I, the manner in which witches go to the aquelarre, remain and return; II, the things they do and endure; III, the external proofs of these things; IV, the evidence resulting for the punishment of the guilty. The first two of these present a curious medley of marvels, such as holding aquelarres in the sea without being wet, and the testimony of three women that, after intercourse with the demon, in a few hours they gave birth to large toads; but we need not dwell on these feats of imaginative invention. The importance of the report lies in the last two sections.
Many instances are given to prove the illusory character of cases in which the penitent truthfully believed what she confessed. María de Echaverria, aged 80, one of the relapsed, made copious confessions, with abundant tears and heart-felt grief, seeking to save her soul through the Inquisition. Without her consent, she said, she was every night—even the preceding one—carried to the aquelarre, awaking during the transit and returning awake. No one saw her in going and coming, even her daughter, a witch of the same aquelarre, sleeping in the same bed. All the frailes present at her confession had a long discussion with her and the conviction was unanimous that what this good woman said of her witchcraft was a dream. Catalina de Sastrearena declared that, while she was waiting to be reconciled, she was suddenly carried to the aquelarre, but her companions said that they were talking to her during the time when she claimed to be absent. The mother of María de Tamborin testified to the girl telling her of going to the aquelarre, so she maintained close watch on her and kept a hand on her but was unaware of her absence. Physical examination, in several instances, showed that girls were virgins who had confessed to intercourse with demons. Many boys testified that, when Salazar went to San Esteban, there was a great aquelarre held, but his two secretaries happened that night to be on the spot indicated and they saw nothing. Thirty-six persons were examined as to the localities of nine aquelarres, but some said they did not know and others contradicted what they had confessed, so that none of the nine could be identified. As for the broths and unguents and powders so often described as used for flying to the aquelarres and working evil, nothing whatever could be learned. Twenty ollas had been brought forward during the visitation, but investigation showed them all to be frauds, for physicians and apothecaries used the materials on animals without producing the slightest injury. From all this Salazar concludes that the matters confessed were delusions of the demon, and the accusations against accomplices were likewise induced by the demon. No testimony could be had from those not accomplices and he holds it a great marvel that, in a thing reputed to be of so wide an extent, there should be no external evidence accessible.[504]
Equally destructive to credibility, he says, were the threats and violence employed to extort confessions. One stated that he was burned with blazing coals and it inspires horror even to imagine how they were thus forced to pervert the truth. Sometimes the father or husband or brother would combine with the magistrate or the commissioner of the Inquisition. Thus all were forced to confess and to bear witness against their neighbors, so that it seems marvellous that any one escaped. The groundlessness of the whole was further exemplified by the fact that many who applied importunately to be admitted as witches to reconciliation were unable to confess anything requiring it. The belief was general that no one was safe who did not come forward and take the benefit of the edict, so that some invented confessions, while others admitted that they had nothing to confess, but all wanted certificates, for one of the violences committed had been to deny the sacraments to all reputed to be witches or testified against, and when they applied to Salazar their greatest anxiety was to obtain certificates entitling them to the sacraments.
As for the eighty-one who revoked their confessions, Salazar is sure that they did so to relieve their consciences. At first he refused to receive their revocations in compliance with the views of his colleagues, but he had subsequently orders from the Suprema to admit them. There would have been many more had it been generally understood that they could do so with safety; it was individual action on the part of each, for every care was taken not to let it be known who revoked, and some of them said that they must revoke if they had to burn for it, as they had wrongfully accused others. One especially distressing case was that of Marquita de Jaurri, an old woman who had been reconciled at Logroño. She returned home with her conscience heavily burthened about those whom she had unjustly inculpated and, at her daughter’s instance, she applied to her confessor. He ordered her to revoke her confession before Phelipe Díaz, the commissioner of Maeztu, but he rejected her with insult, telling her that she would have to be burnt for maliciously revoking what she had truthfully confessed, whereupon in a few days she drowned herself. It will be remembered (Vol. II, p. 582) that revocation of confession was held to prove impenitence, punishable by relaxation.
Salazar adds that the value of the evidence was still further diminished by the command of the demon to accuse the innocent and exonerate the guilty, and by the fact that bribes were given in order to have enemies prosecuted. In Vera, each of several boys accused about two hundred accomplices and, in Fuenterrabia a beggar boy of 12 accused a hundred and forty-seven. Besides those who revoked there were many who asked to have stricken out the names of those whom they had falsely accused so that, in all, there were sixteen hundred and seventy-two persons known as having had false witness borne against them, so that, when there were this many acknowledged perjuries, there could be little faith placed in the other accusations. The cause of the wide-extended and profound popular belief in the reality of witchcraft he ascribes solely to the auto de fe of Logroño, the Edict of Faith and the sending of an inquisitor through the district, which had caused such apprehension that there was no fainting-fit, no death and no accident that was not attributed to witchcraft. Fray Domingo de Velasco of San Sebastian, after preaching the Edict, told Salazar that for four months there had not been a natural tempest or hailstorm, but all had been the work of witches, yet when questioned he had no evidence save the gossip of the streets. Sailors exaggerated these reports and they were fomented by the knaves known as santigueadores, who professed to know the witches and sold charms and spells to counteract them.
In summing up the results of his experience Salazar declares that “Considering the above with all the Christian attention in my power, I have not found even indications from which to infer that a single act of witchcraft has really occurred, whether as to going to aquelarres, being present at them, inflicting injuries, or other of the asserted facts. This enlightenment has greatly strengthened my former suspicions that the evidence of accomplices, without external proof from other parties, is insufficient to justify even arrest. Moreover, my experience leads to the conviction that, of those availing themselves of the Edict of Grace, three-quarters and more have accused themselves and their accomplices falsely. I further believe that they would freely come to the Inquisition to revoke their confessions, if they thought that they would be received kindly without punishment, for I fear that my efforts to induce this have not been properly made known, and I further fear that, in my absence, the commissioners whom, by your command, I have ordered to do the same, do not act with due fidelity, but, with increasing zeal are discovering every hour more witches and aquelarres, in the same way as before.
“I also feel certain that, under present conditions, there is no need of fresh edicts or the prolongation of those existing, but rather that, in the diseased state of the public mind, every agitation of the matter is harmful and increases the evil. I deduce the importance of silence and reserve from the experience that there were neither witches nor bewitched until they were talked and written about. This impressed me recently at Olague, near Pampeluna, where those who confessed stated that the matter started there after Fray Domingo de Sardo came there to preach about these things. So, when I went to Valderro, near Roncesvalles, to reconcile some who had confessed, when about to return the alcaldes begged me to go to the Valle de Ahescoa, two leagues distant, not that any witchcraft had been discovered there, but only that it might be honored equally with the other. I only sent there the Edict of Grace and, eight days after its publication, I learned that already there were boys confessing. After receiving the report of a commissioner whom I deputed, I sent from Azpeitia to the Prior of San Sebastian of Urdax to absolve them with Secretary Peralta. This quieted them but, since my return to Logroño the tribunal has been asked to remedy the affliction of new evils and witchcrafts, all originating from the above.”
Salazar’s colleagues did not agree with him and attempted to answer his reasoning, but the Suprema was convinced. It followed his advice in imposing silence on the past, while the Court of Navarre continued to prosecute and punish the local officials whose superserviceable zeal had occasioned so much misery. A second visitation was made in 1613 and we find Salazar urging a third one to cover the remaining portion of the infected region, and pointing out the peace which reigned in the district that he had visited. His next step was to draw up a series of suggestions covering the policy of the Inquisition with regard to witchcraft, covering both amends for the past and future action. It would scarce seem that he would venture to do this without orders, but the paper purports to be volunteered in view of the urgent necessity of the matter. Be this as it may, the suggestions were the basis of an elaborate instruction, issued by the Suprema August 31, 1614, which remained the permanent policy of the Inquisition. It adopted nearly every suggestion of Salazar’s, often in his very words, and is an enduring monument to his calm good sense, which saved his country from the devastation of the witch-madness then ravaging the rest of Europe.
These instructions consist of thirty-two articles and commence by stating that the Suprema, after careful consideration of all the documents, fully recognized the grave wrong committed in obscuring the truth in a matter so difficult of proof, and it sent the following articles, both for the verification of future cases and in reparation of the past.
This is followed by a series of regulations pointing out in detail the external evidence which must be sought in every case, both as to attendance on the aquelarres and the murder of children, the killing of cattle, and the damage of harvests, and no one was to be arrested without strict observance of these precautions. There is careful abstention from denial of the powers attributed to witches, but the whole tenor is that of scepticism, and preachers were ordered to make the people understand that the destruction of harvests is sent for our sins, or is caused by the weather, and that it is a grievous error to imagine that such things and sickness, which are customary throughout the world, are caused by witches. The powers of commissioners were strictly limited to taking depositions and ascertaining whether these could be verified by external evidence. When witnesses or accused came to make revocations, whether before or after sentence, they were to be kindly received and permitted to discharge their consciences, free from the fear so commonly entertained, that they would be punished for revoking [as we have seen was the case in other crimes], and this was to be communicated to the commissioners, who were to forward all revocations received. Those who spontaneously denounced themselves were to be asked whether, in the day-time, they had persevered in the renunciation of God and adoration of the demon; if they admitted having done so, they were to be reconciled but, in view of the doubt and deceit surrounding the matter, this reconciliation was not to entail confiscation or liability to the penalties of relapse, the latter being discretional with the tribunal after consulting the Suprema, and further the Suprema was to be consulted before action taken against those confessing to relapse. Those who denied perseverance in apostasy were to be absolved ad cautelam and reconciled by commissioners, in the same way as foreign heretics applying for conversion. In view of the doubts and difficulties concerning witchcraft, no action was to be taken save by unanimous vote of all the inquisitors, followed by consultation with the Suprema. All pending cases were to be suspended, without disqualification for office. On all evidence, the violence or torture used in procuring it was to be noted, so that its credibility could be estimated; when a vote was taken, unless it was for suspension, the case was to be submitted to the Suprema. All cases were to be dropped of those dying during their pendency, without disability of their descendants. As regarded the auto de fe of 1610, the sanbenitos of those relaxed or reconciled were never to be hung in the churches, their property was not to be confiscated; an itemized statement of it and of the fines levied, with an account of the expenses, was to be submitted to the Suprema, and this was to be noted in the records of their cases, so that they should not be liable in case of relapse, nor should their descendants be disabled for office, nor should those be disqualified who had since then been penanced with abjuration.
Having thus provided reparation for the past and caution for the future, the Suprema sought to protect reputed witches from the inordinate zeal of the local authorities and to vindicate its exclusive jurisdiction. The commissioners were to be summoned, one by one, and made to understand the grief and just resentment of the Holy Office at the violence of the alcaldes and others towards those reported to be witches. They were to publish this and let it be known that, as the High Court of Navarre had undertaken to punish these intermeddlers, it would be permitted to do so, but that in future the Inquisition would adopt rigorous measures to chastise all who intruded on its jurisdiction, as perturbers and impeders of the Holy Office. Confessors were instructed to require all who were guilty of defaming others to denounce themselves to the tribunal, for the discharge of their conscience and the restoration to honor of the injured, and priests were notified not to refuse the sacraments to those reputed as witches, while commissioners were warned to confine themselves to their instructions and to act with all moderation.[505]
In this admirable paper we cannot help applauding especially the moral courage evinced in making reparation for the Logroño auto, which must have had the sanction of the Suprema. The whole witch epidemic of Navarre and the Provinces of Biscay was evidently regarded as a delusion but, in view of the attitude of the Church for the last two centuries, this could not be openly proclaimed and the wisest course was adopted to repress, as far as possible, popular fanaticism, and to protect its victims for the future. The superstition was too inveterate to be easily eradicated, but the effort to protect its victims was not abandoned. There is the formula of an edict, dated 162-(the year left blank to be filled in) issued by Salazar, now senior inquisitor, and his colleagues, reciting that the prosecutions for many years had given them ample experience of the grave evils and obscuration of the truth, resulting from the threats and violence offered to those who confessed or were suspected of witchcraft, as many persons, under pretext of kinship to the suspect, or to the persons said to be injured, endeavor to force them to confess publicly as to themselves and others, wherefore all persons were ordered to abstain from threats or inducements, so that every one might have free access to the tribunal and its commissioners, under penalty of rigorous punishment according to the circumstances of the offence.[506] It is inferable from this, that the people, distrusting the leniency of the Inquisition, discouraged application to it, and sought rather to obtain satisfaction extra-judicially.
The virtual supervision assumed by the Suprema over all cases of witchcraft was exercised with a moderation which must have been greatly discouraging to believers. Under this impulsion, the tribunals became exceedingly lenient, frequently exercising the power left to them of suspending cases. One that is exceedingly significant occurred at Valladolid, in 1622. At the instance of her confessor, Casilda de Pabanes, a girl of 19, from Villamiel, near Burgos, presented herself and confessed that, at Christmas 1615 (when she was 12 or 13 years old) she was sick in bed with a fever, and her parents had gone to mass, leaving the house locked up. Suddenly a neighbor, a widow named Marina Vela, appeared at her bed-side and, with threats of killing her, forced her to rise and dress and accompany her to a hermitage in the vicinage, where they found a tall, naked man, dark and with horns like a bull, who welcomed them and made them strip to their shifts, with an exchange of indecent kisses. Then they dressed and returned; although the house doors were locked they entered, and she was again in bed before her parents came back. Then followed long details of other similar adventures, in which the presiding demon usually wore the form of a goat. He made her renounce God and wrote with her blood her name on a paper; she was provided with an incubus demon whom she could summon by breaking a stick; with Marina she entered houses at night, killing children with powders or by sucking their fingers. There is no allusion to the aquelarre, but all other features of witchcraft are minutely detailed. By Marina’s advice, she pretended to be possessed, and was taken to San Toribio de Liebara to be exorcised by Fray Gonzalo de San Millan, to whom she confessed. The inquisitors examined and cross-examined her closely, without her varying in her story; they sought, without success, for evidence of illusion or fantasy, but, on investigation it was found that she was really sick of a fever at Christmas, 1615, and that subsequently she seemed to tremble and be as one possessed. Confirmatory statements were procured from the frailes, and evidently in accordance with the instructions, all means were exhausted of testing her confession. In any other land this victim of hysteric auto-suggestion would have been, if not burnt, at least made an exhibition that would have spread the craze, but the tribunal, after carrying the case through the preliminary stages, voted to suspend it without rendering sentence and to reconcile and absolve her in the audience chamber without confiscation.[507] The same policy was followed in the few other cases brought before the tribunal. María de Melgar of Osorno, who died during trial, was given Christian burial in 1637; in 1640, it suspended the case of María Sanz of Trigueros, against whom there was testimony of witchcraft and, in 1641, it discharged with a reprimand María Alfonsa de la Torre, accused of killing cattle, although a witness swore to seeing her at midnight riding on a stick over a rye-field, with a noise as though accompanied by a multitude of demons.[508]
When we compare these cases with the penalties inflicted at the period on vulgar sorceresses and poor old curanderas, for implied pact, it is evident that the Inquisition had reached the conclusion that witchcraft was virtually a delusion, or that incriminating testimony was perjured. This could not be openly published; the belief was of too long standing and too firmly asserted by the Church to be pronounced false; witchcraft was still a crime to be punished when proved but, under the regulations, proof was becoming impossible and confessions were regarded as illusions.
It was difficult for the conservatives to abandon their cherished beliefs, and the can. Episcopi remained a bone of contention. Torreblanca has no inklings of doubt; to him the aquelarre and all its obscene horrors are a reality; the witch is to be burnt, not for illusions but for acts, as the Church has decreed in so many constitutions.[509] His book was duly licensed by the Council of Castile in 1613, but some censor presented a learned criticism of it, calling especial attention to this point, citing the can. Episcopi and the experience of the Inquisition, and arguing that the feats attributed to witches transcended the powers of the demon. This was so effective that the licence was withdrawn. Then Torreblanca produced a verbose and discursive “Defensa,” in which he argued that the can. Episcopi was apocryphal; he showed that the Church had always punished such malefactors with death, so that either his critic or the Church must err, and the Church cannot, for it is illuminated by God.[510] This was successful, his licence was restored in 1615 and his work saw the light in 1618. Jofreu in his notes on Ciruelo’s “Reprovacion,” defends the can. Episcopi, but finds in it three kinds of witches—those who renounce God and seek the aid of the devil, those who are superstitious and know that their illusions are the work of the evil spirit, and those who are deceived by them—and the witches of today are the same, whence he argues in favor of caution and a policy of clemency.[511] Alberghini, about 1640, admits that the aquelarre is a phantasm, but he holds that none the less are witches apostates from God and devil-worshippers, and he seems to think it still an open question whether those who kill by sorcery are to be relaxed, even if they truly repent and are converted.[512] About the same time, all that an old inquisitor will grant is that, even if there is illusion in the aquelarre, the witch ratifies all that is done there, when awake, dwelling on it with pleasure and anointing herself for the purpose, but he concedes that the deceits of the devil render necessary stronger evidence than in other crimes and that, as he represents in the aquelarre phantoms of innocent persons, the testimony of accomplices must be fortified with other proofs.[513] Nearly the same ground was taken, in 1650, by Padre Diego Tello, S. J., as calificador in the case of an unlucky monomaniac on trial by the Granada tribunal, whom he sought to prove responsible by showing that the witches who fly with Diana and Herodias, as in the can. Episcopi, had free-will, rendering them culpable for their commerce with the demon.[514] Even as late as towards the close of the seventeenth century, a systematic writer holds it as certain that witches renounce the faith, adore the demon and enter into a pact with him and, if this can be proved by confession or witnesses, they are to be punished as heretics with the regular penalties.[515]
Yet the Inquisition imperturbably pursued its way. It did not deny the existence of witchcraft, or modify the penalties of the crime but, as we have seen, it practically rendered proof impossible, thus discouraging formal accusations, while its prohibition of preliminary proceedings by its commissioners and by the local officials, secular and ecclesiastical, was effectual in preventing the outbreak of witchcraft epidemics. So far as the records before me show, cases became very few after the Logroño experience of 1610. Scattering ones occur occasionally, such as those alluded to above but, in the Valladolid record from which they are derived, embracing in all six hundred and sixty-seven cases between 1622 and 1662, there are but five of witchcraft, of which the latest is in 1641.[516] In Toledo, from 1648 to 1794, there is not a single one, nor is there one among the nine hundred and sixty-two cases in the sixty-four autos celebrated by all the tribunals of Spain between 1721 and 1727.[517] It was not that popular belief was eradicated, for this is ineradicable and still exists among all nations, but its deadly effects were prevented. Some fragmentary papers show that, from 1728 to 1735, there was a tolerably active investigation, in Valencia and Castellon de la Plana, into cases of mingled sorcery and witchcraft. There was evidence as to the use of ointments by which persons could transport themselves through the air and pass through walls, and as to people being bewitched and rendered sick, showing that the superstition had as firm a hold as ever on the lower classes.[518] In 1765, at Callosa de Ensarria (Alicante) when some young children disappeared, it was attributed to Angela Piera who had the reputation of a witch, able to fly to Tortosa and back, and who was supposed to have killed them for her incantations.[519] These scattering cases become rarer with time. In a record of all the operations of the Spanish tribunals, from 1780 to 1820, there are but four. In 1781, Isabel Cascar of Malpica was accused as a witch to the tribunal of Saragossa. In 1791, at Barcelona, María Vidal y Decardó of Tamarit, a widow aged 45, accused herself of express pact with the demon, of carnal intercourse with him, of presence four times a week at the aquelarres, where she adored him as a God, and of having trampled on a consecrated host and flung it on a dung-hill—a case which forcibly recalls that of Casilda de Pabanes, in 1622, as an illustration of the hypnotic illusions which aided so greatly in the dissemination of the belief. The latest cases are two, occurring in 1815, of which details are lacking except that they were not brought to trial.[520]
Thus the belief, so persistently affirmed by the Church, continued to exist among theologians. Even one so learned as Fray Maestro Alvarado, in 1813, when defending the Inquisition against the Córtes of Cádiz, told the deputies that Cervantes was better authority in favor of the belief than they were against it, and he instanced a recent case in Llerena, where two women in a church, and in sight of all the people, were carried through the air by demons.[521] Still, so long as the belief was academical and did not lead to the stake, it was comparatively harmless, and the Inquisition deserves full credit for depriving it of its power for evil.
In this, there is a remarkable coincidence between the Holy Offices of Spain and of Rome, although the latter was somewhat tardy in the good work. After the organization of the Congregation, in 1542, by Paul III., there was a considerable interval before it asserted exclusive jurisdiction over witchcraft. It is true that, in 1582, in the papal city of Avignon, it relaxed to the secular arm eighteen witches in a single sentence,[522] but the next year, 1583, when the people of the Val Mesolcina found themselves ruined by the numerous witches among them, they applied for relief not to the Inquisition but to their archbishop, San Carlo Borromeo. After a preliminary investigation he came with a group of learned theologians and so worked on the consciences of the culprits that he won nearly all to repentance—more than a hundred and fifty are said to have confessed and abjured at one time. There were, however, twelve pertinacious ones, including the Provost of Roveredo; he was degraded from Orders and all were duly burnt—they of course being negativos who refused to admit their guilt.[523] The Inquisition, in fact, was willing to share its jurisdiction with the bishops, but not with the secular courts, with which, in 1588 and 1589 we find it in controversy. It contended that, as witchcraft infers apostasy, its cognizance is ecclesiastical, residing either in the bishop or the Inquisition, and further that, when a civil court has commenced a prosecution, the inquisitor has the right to inspect the proceedings and decide as to whether or not the case belongs to him. Various decisions and instructions from this time until 1603 indicate the line of action. The jurisdiction is only spiritual, for the heresy and apostasy, and takes no count of alleged murders or other crimes; the penalty is therefore merely penance, usually scourging, and inquisitors are told not to exile witches to places where they were not known, but to settle them where they could be kept under watch. That this leniency did not satisfy the people was shown at Gubbio, in 1633, where a woman undergoing the scourge was set upon by the populace and stoned to death. Nor was the Inquisition itself always consistent for, in 1641, the tribunal of Milan relaxed Anna María Pamolea to the secular arm for witchcraft and homicide.[524]
When murders were charged, the rule was that, if a secular court had commenced prosecution, the culprit was returned to it for due punishment, after the spiritual offence had been penanced but, if the Inquisition had been the first to act, it was not to abandon its penitent to the secular arm, except in case of relapse. The practical working of this is seen in a case at Padua, in 1629, where three witches, imprisoned in the public gaol, were handed over to the tribunal, which made them abjure formally, and then returned them, when the magistrates burnt them. That there was considerable scepticism as to the truth of the Sabbat may be assumed from the rule that the evidence of witches about persons seen in these assemblies was not to be received to the prejudice of such persons, as it is all held to be an illusion.[525]
This scepticism increased and there was a desire to train the people to disbelief, as appears from a highly creditable act in 1631. The Inquisitor of Novara reported that his vicar in “Vallis Vigelli” had commenced proceedings for witchcraft against a woman, when she hanged herself in prison, and he asked instructions whether to continue the prosecution against the corpse or whether she had been strangled by the demon or other witches; also whether he should proceed against a girl and her accomplices who had confessed extra-judicially to have been at the Sabbat. In reply the Congregation ordered him to send the proceedings in the case of the suicide and also the deposition of the girl; meanwhile he was to remove the vicar and replace him with a proper person and take pains himself, by means of the parish priests, to instruct the people as to the fallacies of witchcraft. The same spirit was manifested, in 1641, when an affirmative answer was given to the Inquisitor of Mantua, who asked whether he should prosecute those who beat and insulted witches on the pretext of their being witches.[526] The Congregation, however, did not place on the Index the Compendium Maleficarum of Fray Francesco María Guaccio (2d Edition, Milan, 1626) which taught all the beliefs concerning witches and was adorned with wood cuts representing them as riding on demons through the air and worshipping Satan in the Sabbat.
What renders the leniency of the Congregation especially remarkable is that it was in contravention of a decree of Gregory XV, in 1623, sharpening the penalties of those entering into compacts with the demon; if they caused death by sorcery they were to be relaxed to the secular arm, even for a first offence, while, for causing impotence, or infirmity, or injury to harvests or cattle, they were to be imprisoned for life.[527] Without, of course, venturing formally to mitigate the harshness of these penalties, the Congregation could at least elude them practically, by interposing difficulties in the way of conviction, and this it did, in 1657, in a series of instructions to inquisitors. Full belief in the reality of witchcraft was assumed, but there was a hideous enumeration of the abuses through which so many innocent women were condemned. The mode of procedure prescribed was based largely on the Spanish instructions of 1614, and special stress was laid upon moderation in the use of torture, which was never to be employed until all the papers in the case had been submitted to the Congregation and its assent had been obtained, while common fame was not to be considered an indication justifying arrest. The injunction of 1593, which prohibited accepting testimony as to those seen in the Sabbat, was renewed for the reason that these assemblages were mostly an illusion and justice did not demand prosecution of those recognized through illusion.[528]
While thus there was no concession in principle, in practice the persecution of witchcraft became much less deadly. A manual, dating about 1700, states that in these cases the Inquisition is accustomed to move slowly and with the greatest circumspection, for the indications are generally indirect and the corpus delicti most difficult to prove. If the evidence is strong, torture is employed both for the fact and the intention; if apostasy is confessed, formal abjuration is required; if it or evil belief is denied, the abjuration is de vehementi; the accomplices are prosecuted, but not those named as seen in the Sabbat, on account of the illusions of the demon. Relaxation is the penalty for heretical sorcery causing death, but the difficulty of proving this is very great.[529]
Thus gradually the worst features of witch persecution disappeared in Italy, while yet belief in the reality of witchcraft was untouched. As late as 1743, Benedict XIV manifests complete acceptance of it, when discussing the nice question whether a witch, terrified by threats and blows, commits a fresh sin by transferring to an ox the deadly spell which she has cast upon the son of the man who beat her. He concludes that she is guilty of a fresh sin, while the father is excusable, for he presumably does not know that she has to have recourse to the demon to effect the transfer, and his only object is to save his son. Moreover Benedict, in his great work on canonization, not only admits the common opinion as to incubi and succubi, but he does not deny that in some way such unions may result in offspring.[530] In fact, the supreme authority of the modern Catholic Church, St. Alphonso Liguori, repeats without disapproval the common opinion of the doctors, that witches are transported through the air and that the theory of illusion is very pernicious to the Church, as it relieves them from the punishment prescribed for them.[531]
Thus the two lands in Christendom, in which the Inquisition was thoroughly organized, escaped the worst horrors of the witch-craze. The service rendered, especially by the Spanish Holy Office, in arresting the development of the epidemics so constantly reappearing, can only be estimated by considering the ravages in other lands where Protestants, who had not the excuse of obedience to papal authority, were as ruthless as Catholics in the deadly work. Did space permit, it would be interesting to trace the development and decline of the madness throughout Europe, but it must suffice to allude to Nicholas Remy, a witch-judge in Lorraine, who boasts that his work on the subject is based on about nine hundred cases executed within fifteen years,[532] and to the estimate that the total number in Germany, during the seventeenth century, was a hundred thousand.[533] In these, burning alive was often considered an insufficient penalty, and the victims were torn with hot pincers or roasted over slow fires. France was less a prey to the delusion than Germany, but, in 1609, Henry IV sent a commission to cleanse the Pays de Labour of witches, which, in the hurried work of four months, burnt nearly a hundred, including several priests, and was obliged to leave its task uncompleted, for the land was full of them; two thousand children were transported to the aquellares almost every night and the assemblages consisted of a hundred thousand, though some of these were phantoms.[534] For Great Britain the total estimate of victims is thirty thousand, of whom about a fourth may be credited to Scotland.[535] When, in 1775, Sir William Blackstone could deliberately write “To deny the possibility, nay, actual existence, of witchcraft and sorcery is at once flatly to contradict the revealed word of God.... and the thing itself is a truth to which every nation in the world hath in its turn borne testimony,”[536] we cannot judge the Inquisition harshly for maintaining to the last its existence in theory, while refusing to reduce that theory to practice.
Note.—Since this chapter was in type, the indefatigable Don Manuel Serrano y Sanz has printed in the Revista de Archivos (Nov.-Dic. de 1906) the second discourse by Pedro de Valencia on the Auto de fe of Logroño. In this he states that in the previous one he had only had opportunity for a cursory glance at the proceedings of the auto, and had taken into consideration exceptional cases which God may have permitted of old. Now that he had thoroughly examined the confessions of the culprits he proceeds to give in much detail the monstrosities which they relate and concludes with a brief expression of the convictions resulting therefrom. This is that the aquelarre has nothing supernatural about it, such as flying through the air and the presidency of the demon in the shape of a goat. It is merely a nocturnal assemblage on foot of men and women to gratify disorderly appetites, inflamed perhaps by the instigation of the devil, and that their confessions are fictions invented to cover their wickedness. From this he concludes that they should be held not as confessing but as denying—which, under the inquisitorial code, would expose them to the fiery death of the negativo impenitente. He is careful, moreover, not to discredit the poisonings and the inunctions to cause sleep and dreams. Unfortunately the paper is not dated; it may have been seen by Salazar Frias, but if so it exercised no influence on him, as appears from the different conclusion reached in his report.
Señor Serrano y Sanz states that in 1900 he printed the first discourse of Pedro de Valencia in the Revista de Extremadura.
Joseph de Maistre, in his profound ignorance of the Inquisition, started the theory that it was a mere political agency.[537] Apologists, like Hefele, Gams, Hergenrother and others, have eagerly elaborated this idea in order to relieve the Church from responsibility for its misdeeds, wholly overlooking the deeper disgrace involved in the assumption that for three centuries the Holy See assented to such misuse of delegated papal authority, and stimulated it with appropriations from ecclesiastical revenues.[538] They base their arguments on the difference between the Old and the New Inquisition—the former consisting of inquisitors selected by Dominican or Franciscan Provincials, and the latter organized with its inquisitor-general and supreme council, appointed by or with consent of the sovereign, so that its whole corps was virtually composed of state officials[539]—forgetting that their authority consisted of apostolical faculties, delegated by the popes and exercised without restraint through their recognition by the State. Ranke falls into the same error and so do Maurenbrecher and some other Protestant historians, apparently in an overstrained effort at impartiality and without investigation of the facts.[540] In the Catholic reaction since the time of Hefele, the most advanced writers of that faith no longer seek to apologize for the Inquisition, and to put forward royal predominance to relieve it from responsibility. They rightly represent it as an ecclesiastical tribunal which discharged the duty of preserving the religious purity for which it was created.[541]
The synchronism of the development of the Inquisition and of absolutism in Spain renders seductive the theory that the one was the product of the other, but this is wholly fallacious. Nowhere in the transformation of the State does the Inquisition appear as a factor. Isabella, as we have seen, laid the foundations of monarchism when she subdued the anarchy pervading Castile by the vigorous assertion and extension of the royal jurisdiction. Ferdinand eliminated some of the most troublesome elements of feudal power when he incorporated in the crown the masterships of the great Military Orders. The restiveness of the nobles under the unaccustomed restraint manifested itself when, in 1506, they flocked to Philip and Juana, had the Inquisition been a political force, Ferdinand would have used it, for Inquisitor-general Deza was devoted to him, in place of which he suspended it. After the death of Philip I, during the retirement of Juana and the absence of Ferdinand, the nobles attempted to reassert themselves but, when he returned, the severe punishment of the Marquis of Priego, the great Duke of Medina Sidonia, Don Pedro Giron and others, was a severe blow to feudalism, redoubled, after Ferdinand’s death, when Ximenes as governor raised a standing army and crushed the rebellion of the Girons and their allies, punishing them with the destruction of the town of Villadefrades. What remained of feudalism disappeared under the steady policy of Charles V and Philip II, in keeping the great nobles aloof from the higher offices of state, and employing them in military service abroad or in vice-royalties, until they became mere courtiers, wasting their substance in adding to the splendor of the throne. In all this there is no trace of the Inquisition, nor is there in the rise and suppression of the Comunidades, which destroyed the privileges of the communes, and left the crown supreme. The comuneros had no grievance against the Inquisition, nor had it any share in their defeat and punishment, although Charles V applied to Leo X for special briefs empowering it to act and one was granted, commissioning Cardinal Adrian to try and punish ecclesiastics concerned in the movement.[542] Even when Acuña, Bishop of Zamora, was prosecuted, as we have seen, the Inquisition was not charged with the work, as Ranke mistakenly asserts. The revolt arose from the coercive measures applied by Charles to the Córtes of 1518 and 1520, by which he reduced to impotence the only representative and deliberative body of the nation. Thus the last obstacle to autocracy was swept away, and thenceforth royalty was supreme. The process was a normal development, such as accompanied the downfall of feudalism throughout Europe and, from first to last, it accomplished itself without aid or opposition on the part of the Inquisition.
Much has been made of the saying attributed to Philip II, that he kept his dominions in peace with four old ecclesiastics, and the Suprema was fond of referring to this, when putting forth claims for its services, but it meant nothing except that the Inquisition maintained religious unity, which, in that age and in view of the troubles in France, the Netherlands and Germany, was not unnaturally regarded as the sole guarantee of internal quiet—in fact, the Suprema, when quoting the remark, in 1704, says expressly that Philip uttered it in reference to the turbulence of the Huguenots.[543] That Philip himself did not regard the Inquisition as a political instrument sufficiently appears in his private and confidential instructions of May 7, 1595, to Gerónimo Manrique de Lara, when appointing him inquisitor-general; his anxiety is solely for the faith and there is not the slightest intimation that political service would be expected.[544]