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The Spanish Inquisition: Fact Versus Fiction
As far as the Spanish Inquisition is concerned, one must look for context to chronology and geography. Chronology first. The Holy Office, as it was popularly called, was founded in 1478 on the strength of a papal rescript requested by the sovereigns of a newly united Spain, the wife and husband, Isabella of Castile and Ferdinand of Aragon. For precedent they cited the functioning of the Roman Inquisition during the thirteenth century when, under this rubric, the popes established special circuit courts to investigate and, when possible, to root up various heterodox movements, especially in southern France and northern Italy. These movements - lumped together under the rather sinister-sounding label "Cathari" - had alarmed the lords temporal of the time no less than the lords spiritual, because the Manichaean doctrines and life-style proposed by the Cathari were deemed as subversive of civil well-being as of ecclesiastical. Over the course of a hundred years or so the Cathari were pretty well stamped out or driven underground through the cooperative efforts of Church and State. The inquisitors' job had been to establish the juridical facts in each case, and if, as a result, an individual were judged to be an unyielding heretic, the government's job had been to exact punishment from that person, up to and including death.As far as procedure was concerned, the Spanish Inquisition pretty much followed the precedent established in the thirteenth century and the models provided by secular tribunals. The legal machinery was put into motion by sworn denunciation of an individual or, on occasion, of a particular village or region. In the latter instance, prior to the formal inquiry a "term of grace" of thirty to forty days was routinely issued, during which period suspected dissidents could recant or prepare their defense. Once accused, a defendant was provided the services of a lawyer, and he could not be examined by the officers of the court without the presence of two disinterested priests. The identity of the witnesses of his alleged crime, however, was not revealed to him, and so he could not confront them. This was a severe disadvantage, even though harsh punishment was meted out to those revealed to have been false accusers. Judges, not juries, decided questions of fact as well as of law, and in effect the Spanish Inquisition combined the functions of investigation, prosecution, and judgment. Indeed, anyone arrested by the Inquisition was presumed guilty until proven innocent, a circumstance very unsettling to us who have enjoyed the blessings of the English common law tradition. Torture, a commonplace with secular jurisdictions, had been forbidden at first in the old Roman Inquisition, but then it had gradually come into use, with the provisos that it be applied only once and that it not threaten life or limb. In Spain these rules were adopted from the start, but early on Sixtus IV, deluged with complaints, protested to the Spanish government that the Inquisition was employing torture too freely. Unhappily the pope's remonstrances fell on deaf ears.
But once again we must stress the chronological track, because the bloody reputation of the Spanish Inquisition - though it formally existed for more than three centuries - was earned during its first decade and a half, even before, that is, the capture of Granada. During this unhappy period perhaps as many as 2000 persons were burnt as heretics. Though this number is only a small fraction of what the Black Legend routinely alleged, it is nevertheless sobering enough. Almost all those executed were conversos or New Christians, converts, that is, from Judaism who were convicted of secretly practicing their former religion. It should be borne in mind that the Inquisition, as a church-court, had no jurisdiction over Moors and Jews as such. But, ironically, once such persons accepted baptism they became capable of heresy in the technical sense of the word. Thus the early savagery of the Spanish Inquisition contributes another chapter to the sad history of anti-Semitism, motivated on this occasion, however, more by politico-religious expediency than by racial hatred. It was in any event an enormous and unforgivable miscalculation. Far from constituting a danger to the nation, the Jewish conversos of previous decades had already been admirably blended into the larger community. As Professor William Monter has pointed out, the New Christians "represent the first known large-scale and long-term assimilation of Jews into any Christian society. Although the process included many painful adaptations, some severe backlash and even a decade of brutal persecution under the Inquisition, it ended with their general integration into Spanish society. Their descendants quietly flouted racist codes and contributed to the vibrant Catholicism of Golden Age Spain; St. Teresa of Avila was the granddaughter of a New Christian penanced by the Inquisition."