[* “Boletin,” vol, xi. .]
It will be seen presently that at this stage of the proceedings Yucé had not the slightest suspicion that the pretended Rabbi Abraham who had visited him in his prison of Segovia when he lay sick was other than he had announced himself. Nor did the accusation afford him the least hint that any of his associates had been taken, or that Benito Garcia had been examined under torture. So carefully had they managed things that he was not even aware of the arrest of his old father.
Therefore it must have come as something of a shock to him to hear this matter of the crucifixion of the child at La Guardia included in the indictment. Nevertheless he unhesitatingly pronounced the denunciation to be the “greatest falsehood in the world.”
Guevára answered this denial by petitioning the court to receive the proofs which he was prepared to present.
Being asked whether in the preparation of his defence he would require the services of counsel, Yucé replied in the affirmative, and the tribunal appointed as his attorney the Bachelor Sanç,* and as his advocate Juan de Pantigoso. The usual form of oath was imposed upon these lawyers, and Yucé empowered them to act for him within the narrow limitations imposed by the Holy Office, which afforded them no opportunity to cross-examine the witnesses for the prosecution or even to be present at their examination.
[* Such is the consistent but obviously inaccurate spelling of the name.]
The notary of the court was ordered to supply the defendant with a copy of the indictment, and Yucé was allowed a term of nine days within which to prepare his answer.
Five days later the accused successfully petitions the court that to the advocate appointed him be added one Martin Vazquez, to whom he gives the necessary powers. And it is this same Martin Vazquez who on that very day — December 22, 1490 — presents to the court the written repudiation of the indictment, prepared by the Bachelor San9 in his client’s name.
The advocate begins by respectfully submitting that this court has no jurisdiction over his client on the score of the crimes alleged against him, since their Paternities are inquisitors appointed — Auctoritate Apostolica — for the Diocese of Avila only, and only over persons of that diocese. Yucé is of the Diocese of Toledo, where there are inquisitors of heretical pravity, before whom he is ready to appear to answer any charges. Therefore his case should have been referred to that court of Toledo, and their Paternities should never have received Guevára’s denunciation.
He proceeds to reprove their Paternities for having done so upon sounder grounds, when he protests that the accusation is too vague and general and obscure. It does not state place or year or month or day or hour in which, or persons with whom, it is alleged that his client committed the crimes set forth.
Further, he objects that since his client is a Jew, he cannot with justice be accused of having fallen into the crime of heresy or apostasy; and therefore it is not right that — as may be done in the case of a heretic — the full expression and elucidation of what is charged against him should be withheld, since thus it is impossible for his client to defend himself, not knowing what precisely are the charges made.
The advocate very rightly denounces it as against all equity that the Fiscal should thus prejudice Yucé without particularizing his accusation, and he warns their Paternities that it may prove hurtful to their consciences if, as a result of Guevára’s generalizations, Yucé should come to suffer and die undefended.
It is very unsatisfactory equity which says to a man, “You are accused of such-and-such crimes. Prove your innocence of them, or we punish you.” But it is not equity at all that can say, “You are accused of something; no matter what. Prove to us that you are innocent of all the offences for which this tribunal may proceed against you, or we find you guilty and send you to death.”
This, however, was precisely the method of the Holy Office, and being aware of it, the advocate is forced to confess that in a case of heresy secretly committed the Inquisition may admit an accusation that does not specify time or place of the alleged offence.
But this, he insists, does not apply to his client, who, being a Jew and not having a baptized soul, may not truly be denounced as a heretic. He appeals to the consciences of the inquisitors not to admit the accusation, and finally he threatens that if they do so, he will lodge a complaint where by right he may.
From all this it appears that so completely — as completely as his client — is the advocate in ignorance of the mainsprings of the prosecution that he does not even know that the trial has been ordered by Torquemada, himself, to take place in Avila. That warrant-letter of the Grand Inquisitor’s has not been divulged to the defendant, lest in learning the names of his fellow-accused he should learn too much, be put upon his guard, and equipped to set up a tenable defence.
But in any case, and to be on the safe side, the advocate offers a categorical and eloquent denial of every count in the Fiscal’s indictment.
He scoffs at the absurdity of accusing Yucé Franco of seeking to seduce Christians into embracing the Law of Moses. He urges the lad’s youth, his station in life, his general ignorance (even of that same Law of Moses by which he lives), and the fact that he has to work hard to make a living by his cobbler’s trade; and he adduces that his client has neither the time nor the knowledge necessary to attempt any such proselytizing as that with which he is charged.
He declares that if at any time Yucé did expound any part of the Mosaic Law in answer to questions addressed to him (this being obviously inspired by Yucé’s recollection of the statements he has made under examination concerning Alonso Franco) he did so simply and frankly, with no thought of proselytizing, nor could it so be construed. In fact, save for the answers returned by him to questions asked by Alonso Franco, the lad does not remember ever to have done even so much, which would have been no real offence in any case.
Full and formal, too, is the denial of Yucé’s participation in the crucifixion of any boy, and of having procured or attempted to procure a Host. The advocate ridicules the notion of this cobbler-lad being a sorcerer, or having knowledge of, or interest in, sorcery.
Finally — burrowing ever in the dark, and seeking to undermine possibilities, since he is given no facts that he may demolish — he suggests that the depositions received against Yucé are perhaps susceptible of being interpreted in different ways, and may refer equally to good or evil, and that since he is accused and arrested the things he has, himself, deponed (i.e. concerning Alonso Franco’s Judaizing tendencies) should be interpreted in his favour, and not against him.
Therefore he petitions their Reverend Paternities to order the witnesses to declare with whom, where, when, and how Yucé committed these things which are deponed against him. Failing that, he begs them to declare his client acquitted, to release him, restoring him his good fame and all property that may have been confiscated by order of their Paternities or any other judges of the Inquisition.*
[* “Boletin,” xi, p. l6.]
The court commanded the notary to prepare a copy of this plea, and to deliver it to the Fiscal, who was instructed to reply to it within three days. And they further commanded that at the time of the delivery of the said reply, Yucé Franco should again be brought before them that he might learn what was determined concerning him.
The only matter of interest in the next sitting* — and this from the point of view of the illustration which these proceedings afford us of inquisitorial methods — is the Fiscal’s repudiation of any obligation on his part to precise the time or place of the crimes with which Yucé Franco is accused, and his insistence that, in spite of all that has been advajiced by the defendant, the case must be considered one of heresy.
[* “Boletin,” xi. .]
The court evidently takes the same view, for it commands both parties to the action to proceed to advance proof of their respective contentions within thirty days. Meanwhile, to clear up the matter of the venue, the court communicates with the Cardinal of Spain. The Primate
very promptly grants the requisite permission to transfer the action to Avila from his own Archbishopric of Toledo within whose jurisdiction it had lain. This was the merest formality; for considering the explicit commands in the matter left by the supreme arbiter, Torquemada, the Cardinal could hardly have proceeded otherwise.
The methods now adopted by the Fiscal to obtain the proofs which he requires, or at least to build a more complete and overwhelming case — for we cannot but suppose that already he had sufficient material upon which to have obtained a conviction — are eminently typical.
We know that Ça Franco, Benito Garcia, Juan de Ocaña, and the four Francos of La Guardia were all at this time in the hands of the inquisitors; and it is not to be doubted that these men would be undergoing constant examination. But it is obvious, from the absence in the dossier with which we are concerned of any document relating to this particular period, that no avowals were made by his fellowprisoners to increase the incrimination of Yucé.
Without wishing to set up too many hypotheses to bridge the lacunae that result from the absence of the records of the proceedings against the other accused, we would tentatively suggest that in preparing that portion of his denunciation relating to the crucifixion of the child, Guevára had simply adapted details extracted from Benito to Yucé’s vague admission in the prison of Segovia. This conclusion is eminently justifiable. It is based upon the fact that Guevára altogether overstepped the limits of any evidence brought to light in the whole course of the proceedings when he said that Yucé “contrived as principal...to obtain a consecrated Host.” Further it is based upon the circumstance already mentioned that if in any deposition of Benito or of any other of the accused, Yucé’s slightest participation in the affair of La Guardia had been mentioned, such a deposition — or at least the respective extract from it — must have found a place in the dossier of his trial. And we know that no such document is present.
Still further, we have the fact that the month prescribed by the court for the submission of proof was allowed to expire and another month after that, and still Guevára had no proofs to lay before their Reverend Paternities, beyond the depositions we have already seen. Meanwhile, Yucé continued to languish in prison.
And here the following question suggests itself: In view of the admission made by Yucé to the false Rabbi in Segovia, why was he not closely and directly questioned upon that matter? and in the event of his withholding details, why was he not put to torture as by law prescribed?
Instead of that direct method of procedure, he was left in complete ignorance of his self-betrayal and of the source whence the inquisitors had derived their knowledge ot his association with the afiair of La Guardia.
The only answer that suggests itself is that Torquemada desired the matter to be very fully elucidated, that the net should be very fully and carefully spread — as we shall see — so that nothing and no one should escape. And yet this answer is hardly entirely satisfactory.
If Guevára allowed months to pass without being able to lay the required proofs of Yucé’s guilt before the court, on the other hand Yucé himself had been similarly unable to supply his counsel with any proof of his innocence — as indeed was impossible in the absence of all particulars of the charges against him.
Thus for a season the case remains in suspense.
Attempts to extract incriminating evidence from the other prisoners having meanwhile failed by ordinary judicial methods, the tribunal now has recourse to other means. Having failed to compel or induce the prisoners into betraying one another, the inquisitors now seek to lure them into selfbetrayal.
A well-known scheme is employed.
Benito is moved into a chamber immediately under Yucé’s. To while away the tedium of his imprisonment, and with a light-heartedness that is a little startling in a man in his desperate position, Yucé sits by his window thrumming a viol or guitar one day towards the end of March or in early April. The instrument may have been left with him by the gaoler who was in the plot.
What was no doubt expected comes to pass. Yucé’s music is abruptly interrupted by a voice from below, which asks:
“Can you give me a needle, Jew?”
Yucé replies that he has no needle other than a cobbler’s.*
[* “Boletin,” xi. p 32.]
The speaker is Benito Garcia, and it is certain that spies have been set to overhear what passes. We know that their conversation took place through a hole in the floor contrived by the gaoler, who was acting upon the instructions of the inquisitors.*
[* Ibid. .]
Yucé is very circumspect in all that he says; but Benito is entirely reckless during those first days of their intercourse. And yet, whilst he admits that he considers himself lost already through what “that dog of a doctor” (by which he means the Reverend Inquisitor, Dr. Villada) extracted from him under torture in Astorga, he shows himself at other times not without hope of regaining his freedom.
He mentions a man named Pena, who is the Alcalde of La Guardia. This man, he says, is interested in him, and has — or so Benito fancies — influence at Court which he would exert on Benito’s behalf did he but know of the latter’s position.
At another time he vows that, if ever he gets out of prison, he will quit Spain and take himself off to Judea. He is convinced that all this trouble has come upon him as a punishment for having abandoned the Law of Moses and denied the true God to embrace the rehgion of the Begotten God (Dios Parido).
But apart from these, there are no lamentations from him; more usually he is sardonic in his grievances, as when he complains that all he got in return for the money he gave for the souls in purgatory were the fleas and lice that all but devoured him alive in the prison of Astorga; or that all the recompense he enjoyed for having presented the Church with a holy-water font was to be subjected to the water-torture by “that dog of a doctor in Astorga.”
He vows that he will die a Jew, though he should be burnt alive. He inveighs bitterly against the inquisitors, dubbing them Antichrists, and Torquemada the greatest Antichrist of all; and he alludes derisively to what he terms the frauds and buffooneries of the Church.
It was from Benito that Yucé, to his surprise, received news of his father’s arrest and of the fact that Ça Franco lies in that same prison of Avila. He was informed of this during their first talk, when Benito reproved his music.
“Don’t thrum that guitar,” Benito had said, “but take pity on your father who is here and whom the inquisitors have promised to burn.”*
[* “Boletin,” xi. et seq.]
In the course of another later conversation between the prisoners Yucé asks Benito what has brought about the latter’s arrest. And when Benito has related the happening in the inn at Astorga, Yucé questions him on the subject of the consecrated wafer — and his questions certainly betray the fact that the young Jew had previous knowledge of it and generally of the affair that was afoot. He becomes so importunate in his questions that Benito — perhaps finding them awkward to answer without betraying the extent to which he has incriminated his associates — sharply bids Yucé to leave the matter alone, assuring him at the same time that he has never mentioned Yucé’s name to the inquisitors.
SANBENITO OF PENITENT ADMITTED TO RECONCILIATION
From Limborch’s “Historia Inquisitionis.”
At first glance this statement appears untrue. But it is obvious that Benito means that he has never mentioned Yucé’s name in connection with the Host or in any other way that could incriminate him. And in this he is truthful enough as far as he knows, for he could not suppose that what he had said about his own offences against the Faith committed in Yucé’s house at Tenbleque could in any way be construed against the lad or his father.
Passing on to other matters, they refer to a certain widow of La Guardia, of whom Benito says that he knows her to be a Judaizer, because she never ate anything containing lard or ham, and he has frequently seen her eat adafinas (the Jewish food prepared on the Friday
for the Sabbath) and drink Caser wine.*
[* “Boletin,” xi. .]
In the dossier of Yucé Franco there are no depositions of the spy set to overhear his conversations with Benito. But it is probable that some such depositions will be found in the record of the trial of the latter, where they must belong, since from the frankness which he used he incriminated himself to an extraordinary degree and Yucé not at all. And it is not to be doubted that the inquisitors made use of information thus obtained when they came to examine Yucé Franco on April 9 and 10* and in a subsequent examination of August 1,* * when they drew from him a deposition which embodies all the foregoing.
[* Ibid. .]
[* * Ibid. .]
On the margin of the last of these depositions there is a note drawing attention to what was said by Benito concerning the widow of La Guardia, which shows that the inquisitors do not intend that this piece of chance information shall be wasted.
Acting no doubt upon the report of the spy, and having at last obtained information upon which they could go to work, the inquisitors, Villada and Lopes, accompanied by their notary, pay Yucé Franco a surprise visit in his cell on the morning of Saturday, April 9. Having obtained his ratification of what he has already deponed at Segovia and in this prison of Avila, they draw from him by vague and subtle questionings the following additions to those admissions:
About three years ago he was told by a Hebrew physician, named Yucé Tazarte, since deceased, that the latter had begged Benito Garcia to obtain him a consecrated wafer, and that Benito had stolen the keys of the church of La Guardia and so contrived to obtain a Host; that in consequence of that theft, Benito was arrested — upon suspicion, we suppose — two years ago last Christmas (i.e. 1488), and detained in prison for two days.
Collected Works of Rafael Sabatini Page 648
