The penalties were various, including scourging, the galleys and perpetual imprisonment. Capital punishment by fire was p.r.o.nounced not only on those who were impenitent but on those who, after having been once discharged, had relapsed. In Spain, heretics who recanted before execution were first strangled; the obstinately impenitent were burned alive. Persons convicted of heresy who could not be reached were burnt in effigy.

Acting on the maxim _ecclesia non sit.i.t sanguinem_ the Inquisitors did not put their victims to death by their own officers but handed them over to the civil authorities for execution. With revolting hypocrisy they even adjured the hangmen to be merciful, well knowing that the latter had no option but to carry out the sentence of the church.

Magistrates who endeavored to exercise any discretion in favor of the condemned were promptly threatened with excommunication.

If anything could be wanting to complete the horror it was supplied by the festive spirit of the executions. The _Auto da Fe_, [Sidenote: _Auto da Fe_] or act of faith, was a favorite spectacle of the Spaniards; no holiday was quite complete without its holocaust of human victims. The staging was elaborate, and the ceremony as impressive as possible. Secular and spiritual authorities were ordered to be present and vast crowds were edified by the horrible example of the untimely end of the unbeliever. Sundays and feast days were chosen for these spectacles and on gala occasions, such as royal weddings and christenings, a special effort was made to celebrate one of these holy butcheries.

The number of victims has been variously estimated. {415} An actual count up to the year 1540, that is, before Protestantism became a serious factor, shows that 20,226 were burned in person and 10,913 in effigy, and these figures are incomplete. It must be remembered that for every one who paid the extreme penalty there were a large number of others punished in other ways, or imprisoned and tortured while on trial. When Adrian of Utrecht, afterwards the pope, was Inquisitor General 1516-22, 1,620 persons were burned alive, 560 in effigy and 21,845 were sentenced to penance or other lighter punishments.

Roughly, for one person sentenced to death ten suffered milder penalties.

[Sidenote: Crimes punished]

Heresy was not the only crime punished by the Inquisition; it also took charge of blasphemy, bigamy and some forms of vice. In its early years it was chiefly directed against the Jews who, having been forced to the baptismal font, had relapsed. Later the Moriscos or christened Moors supplied the largest number of victims. As with the Jews, race hatred was so deep an ingredient of the treatment meted out to them that the nominal cause was sometimes forgotten, and baptism often failed to save "the new Christian" who preserved any, even the most innocent, of the national customs. Many a man and woman was tortured for not eating pork or for bathing in the Moorish fashion.

As Protestantism never obtained any hold in Spain, the Inquisition had comparatively little trouble on that account. During the sixteenth century a total number of 1995 persons were punished as Protestants of whom 1640 were foreigners and only 355 were Spaniards. Even these figures exaggerate the hold that the Reformation had in Spain, for any error remotely resembling the tenets of Wittenberg immediately cla.s.sed its maintainer as Lutheran. The first case known was found in Majorca in 1523, but it was not until 1559 {416} that any considerable number suffered for this faith. In that year 24 Lutherans were burnt at Rodrigo and Seville, 32 in 1562, and 19 Calvinists in 1569.

The dread of the Spanish Inquisition was such that only in those dependencies early and completely subdued could it be introduced.

Established in Sicily in 1487 its temporal jurisdiction was suspended during the years 1535-46, when it was revived by the fear of Protestantism. Even during its dark quarter, however, it was able to punish heretics. In an _auto_ celebrated at Palermo, [Sidenote: May 30, 1541] of the twenty-two culprits three were Lutherans and nineteen Jews. The capitulation of Naples in 1503 expressly excluded the Spanish Inquisition, nor could it be established in Milan. The Portuguese Inquisition was set up in 1536.

[Sidenote: New World]

The New World was capable of offering less resistance. Nevertheless, for many years the inquisitorial powers were vested in the bishops sent over to Mexico and Peru, and when the Inquisition was established in both countries in 1570 it probably meant no increase of severity. The natives were exempt from its jurisdiction and it found little combustible material save in captured Protestant Europeans. A Fleming was burned at Lima in 1548, and at the first _auto_ held at Mexico in 1574 thirty-six Lutherans were punished, all English captives, two by burning and the rest by scourging or the galleys.

[Sidenote: Roman Inquisition]

The same need of repelling Protestantism that had helped to give a new lease of life to the Spanish Inquisition called into being her sister the Roman Inquisition. By the bull _Licet ab initio_, [Sidenote: July 21, 1542] Paul IV reconst.i.tuted the Holy Office at Rome, directing and empowering it to smite all who persisted in condemned opinions lest others should be seduced by their example, not only in the papal states but in all the nations of Christendom. It was authorized to p.r.o.nounce {417} sentence on culprits and to invoke the aid of the secular arm to punish them with prison, confiscation of goods and death. Its authority was directed particularly against persons of high estate, even against heretical princes whose subjects were loosed from their obligation of obedience and whose neighbors were invited to take away their heritage.

[Sidenote: Procedure]

The procedure of the Holy Office at Rome was characterized by the Augustinian Cardinal Seripando as at first lenient, but later, he continues, "when the superhuman rigor of Caraffa [one of the first Inquisitors General] held sway, the Inquisition acquired such a reputation that from no other judgment-seat on earth were more horrible and fearful sentences to be expected." Besides the attention it paid to Protestants it inst.i.tuted very severe processes against Judaizing Christians and took cognizance also of seduction, of pimping, of sodomy, and of infringment of the ecclesiastical rules for fasting.

[Sidenote: Italy]

The Roman Inquisition was introduced into Milan by Michael Ghislieri, afterwards pope, and flourished mightily under the protecting care of Borromeo, cardinal archbishop of the city. It was established by Charles V, notwithstanding opposition, in Naples. [Sidenote: 1547]

Venice also fought against its introduction but nevertheless finally permitted it. [Sidenote: 1544] During the sixteenth century in that city there were no less than 803 processes for Lutheranism, 5 for Calvinism, 35 against Anabaptists, 43 for Judaism and 199 for sorcery.

In countries outside of Italy the Roman Inquisition did not take root.

Bishop Magrath endeavored in 1567 to give Ireland the benefit of the inst.i.tution, but naturally the English Government allowed no such thing.

[Sidenote: Censorship of the press]

A method of suppressing given opinions and propagating others probably far more effective than the {418} mauling of men's bodies is the guidance of their minds through direction of their reading and instruction. Naturally, before the invention of printing, and in an illiterate society, the censorship of books would have slight importance. Plato was perhaps the first to propose that the reading of immoral and impious books be forbidden, but I am not aware that his suggestion was acted upon either in the states of Greece or in pagan Rome. Examples of the rejection of certain books by the early church are not wanting. Paul induced the Ephesian sorcerers to burn their books; certain fathers of the church advised against the reading of heathen authors; [Sidenote: c. 496] Pope Gelasius made a decree on the books received and those not received by the church, and Manichaean books were publicly burnt.

[Sidenote: Fourth century]

The invention of printing brought to the attention of the church the danger of allowing her children to choose their own reading matter.

[Sidenote: Printing] The first to animadvert upon it was Berthold, Archbishop of Mayence, the city of Gutenberg. On the 22d of March, 1485, he promulgated a decree to the effect that, whereas the divine art of printing had been abused for the sake of lucre and whereas by this means even Christ's books, missals and other works on religion, were thumbed by the vulgar, and whereas the German idiom was too poor to express such mysteries, and common persons too ignorant to understand them, therefore every work translated into German must be approved by the doctors of the university of Mayence before being published.

[Sidenote: June 1, 1501]

The example of the prelate was soon followed by popes and councils.

Alexander VI forbade as a detestable evil the printing of books injurious to the Catholic faith, and made all archbishops official censors for their dioceses. This was enforced by a decree of the Fifth Lateran Council setting forth that {419} although printing has brought much advantage to the church [Sidenote: May 4, 1515] it has also disseminated errors and pernicious dogmas contrary to the Christian religion. The decree forbids the printing of any book in any city or diocese of Christendom without license from the local bishop or other ecclesiastical authority.

This sweeping edict was supplemented by others directed against certain books or authors, but for a whole generation the church left the censorship chiefly to the discretion of the several national governments. This was the policy followed also by the Protestants, both at this time and later. [Sidenote: Protestant censorship]

Neither Luther, nor any other reformer for a long time attempted to draw up regular indices of prohibited books. Examples of something approaching this may be found in the later history of Protestantism, but they are so unimportant as to be negligible.

[Sidenote: National censorship, 1502]

The national governments, however, laid great stress on licensing. The first law in Spain was followed by an ever increasing strictness under the inquisitor who drew up several indices of prohibited books, completely independent of the official Roman lists. The German Diets and the French kings were careful to give their subjects the benefit of their selection of reading matter. In England, too, lists of prohibited books were drawn up under all the Tudors. Mary restricted the right to print to licensed members of the Stationers' Company; Elizabeth put the matter in the hands of Star Chamber. [Sidenote: 1559] A special license was required by the Injunctions, and a later law was aimed at "seditious, schismatic or libellous books and other fantastic writings." [Sidenote: 1588]

[Sidenote: Catalogues of dangerous books]

The idea of a complete catalogue of heretical and dangerous writings under ecclesiastical censure took its rise in the Netherlands. After the works of various authors had been severally prohibited in distinct {420} proclamations, the University of Louvain, at the emperor's command, drew up a fairly extensive list in 1546 and again, somewhat enlarged, in 1550. It mentions a number of Bibles in Greek, Latin and the vernaculars, the works of Luther, Carlstadt, Osiander, Ochino, Bullinger, Calvin, Oecolampadius, Jonas, Calvin, Melanchthon, Zwingli, Huss and John Pupper of Goch, a Dutch author of the fifteenth century revived by the Protestants. It is remarkable that the works of Erasmus are not included in this list. Furthermore it is stated that certain approved works, even when edited or translated by heretics, might be allowed to students. Among the various scientific works condemned are an _Anatomy_ printed at Marburg by Eucharius Harzhorn, H. C. Agrippa's _De vanitate scientiarum_, and Sebastian Munster's _Cosmographia universalis_, a geography printed in 1544. The Koran is prohibited, and also a work called "Het paradijs van Venus," this latter presumably as indecent. Finally, all books printed since 1525 without name of author, printer, time, and place, are prohibited.

[Sidenote: Roman Index]

Partly in imitation of this work of Louvain, partly in consequence of the foundation of the Inquisition, the Roman Index of Prohibited Books was promulgated. Though the bull founding the Roman Inquisition said nothing about books, their censure was included in practice. Under the influence of the Holy Office at Lucca a list of forbidden works was drawn up by the Senate at Lucca, [Sidenote: 1545] including chiefly the tracts of Italian heretics and satires on the church. The fourth session Council of Trent [Sidenote: April 8, 1546] prohibited the printing of all anonymous books whatever and of all others on religion until licensed. A further indication of increasing severity may be found in a bull issued by Julius III [Sidenote: 1550] who complained that authors licensed to read heretical {421} books for the purpose of refuting them were more likely to be seduced by them, and who therefore revoked all licenses given up to that time.

[Sidenote: September, 1557]

When the Roman Inquisition issued a long list of volumes to be burnt publicly, including works of Erasmus, Machiavelli and Poggio, this might be considered the first Roman Index of Prohibited Books; but the first doc.u.ment to bear that name was issued by Paul IV. [Sidenote: 1559] It divided writings into three cla.s.ses: (1) Authors who had erred _ex professo_ and whose whole works were forbidden; (2) Authors who had erred occasionally and some of whose books only were mentioned; (3) Anonymous books. In addition to these cla.s.ses 61 printers were named, all works published by whom were banned. The Index strove to be as complete as possible. Its chief though not its only source was the catalogue of Louvain. Many editions and versions of the Bible were listed and the printing of any translation without permission of the Inquisition was prohibited. Particular attention was paid to Erasmus, who was not only put in the first cla.s.s by name but was signalized as having "all his commentaries, notes, annotations, dialogues, epistles, refutations, translations, books and writings" forbidden.

[Sidenote: Tridentine censorship, February 26, 1562]

The Council of Trent again took up the matter, pa.s.sing a decree to the effect that inasmuch as heresy had not been cured by the censorship this should be made much stricter, and appointing a commission in order, as, regardless of the parable,[1] it was phrased, to separate the tares from the wheat. The persons appointed for this delicate work comprised four archbishops, nine bishops, two generals of orders and some "minor theologians." After much sweat they brought forth a report on most of the doubtful authors though {422} the most difficult of all, Erasmus, they relinquished to the theological faculties of Louvain and Paris for expurgation.

[Sidenote: 1564]

The results of their labors were published by Paul IV under the name of the Tridentine Index. It was more sweeping, and at the same time more discriminating than the former Index. Erasmus was changed to the second cla.s.s, only a portion of his works being now condemned. Among the non-ecclesiastical authors banned were Machiavelli, Guicciardini and Boccaccio. It is noteworthy that the _Decameron_ was expurgated not chiefly for its indecency but for its satire of ecclesiastics.

Thus, a tale of the seduction of an abbess is rendered acceptable by changing the abbess into a countess; the story of how a priest led a woman astray by impersonating the angel Gabriel is merely changed by making the priest a layman masquerading as a fairy king.

The principles upon which the prohibition of books rested were set forth in ten rules. The most interesting are the following: (1) Books printed before 1515 condemned by popes or council; (2) Versions of the Bible; (3) books of heretics; (4) obscene books; (5) works on witchcraft and necromancy.

In order to keep the Index up to date continual revision was necessary.

To insure this Pius V appointed a special Congregation of the Index, which has lasted until the present day. From his time to ours more than forty Indices have been issued. Those of the sixteenth century were concerned mainly with Protestant books, those of later centuries chiefly deal, for the purposes of internal discipline, with books written by Catholics. One of the functions of the Congregation was to expurgate books, taking out the offensive pa.s.sages. A separate _Index expurgatorius_, pointing out the pa.s.sages to be deleted or corrected was {423} published, and this name has sometimes incorrectly been applied to the Index of prohibited books.

[Sidenote: Effect of the censorship]

The effect of the censorship of the press has been variously estimated.

The Index was early dubbed _sica destricta in omnes scriptores_ and Sarpi called it "the finest secret ever discovered for applying religion to the purpose of making men idiotic." Milton thundered against the censorship in England as "the greatest discouragement and affront that can be offered to learning and learned men." The evil of the system of Rome was, in his opinion, double, for, as he wrote in his immortal _Areopagitica_, "The Council of Trent and the Spanish Inquisition engendering together brought forth and perfected those catalogues and expurging indexes that rake through the entrails of many an old good author with a violation worse than any that could be offered to his tomb." When we remember that the greatest works of literature, such as the _Divine Comedy_, were tampered with, and that, in the Spanish Expurgatorial Index of 1640 the list of pa.s.sages to be deleted or to be altered in Erasmus's works takes 59 double-columned, closely printed folio pages, we can easily see the point of Milton's indignant protest. But, to his mind, it was still worse to subject a book to the examination of unfit men before it could secure its _imprimatur_. Not without reason has liberty of the press been made one of the cornerstones of the temple of freedom.

Various writers have labored to demonstrate the blighting effect that the censorship was supposed to have on literature. But it is surprising how few examples they can bring. Lea, who ought to know the Spanish field exhaustively, can only point to a few professors of theology who were persecuted and silenced for expressing unconventional views on biblical criticism. He conjectures that others must have {424} remained mute through fear. But, as the golden age of Spanish literature came after the law made the printing of unlicensed books punishable by death, [Sidenote: 1558] it is hard to see wherein literature can have suffered. The Roman Inquisition did not prevent the appearance of Galileo's work, though it made him recant afterwards.

The strict English law that playwrights should not "meddle with matters of divinity or state" made Shakespeare careful not to express his religious and political views, but it is hard to see in what way it hampered his genius.

And yet the influence of the various press laws was incalculably great and was just what it was intended to be. It affected science less than one would think, and literature hardly at all, but it moulded the opinions of the ma.s.ses like putty in their rulers' hands. That the rank and file of Spaniards and Italians remained Catholic, and the vast majority of Britons Protestant, was due more to the bondage of the press than to any other one cause. Originality was discouraged, the people to some degree unfitted for the free debate that is at the bottom of self-government, the hope of tolerance blighted, and the path opened that led to religious wars.

[1] Matthew xiii, 28-30.