Records of the Spanish Inquisition, Translated from the Original Manuscripts

Answered, that he had nothing more to say, and the above being read to him, he declared it to be the truth according to the oath which he had sworn, and that he had nothing to alter or diminish from what is therein contained, and with this admonition, to bethink himself well, and declare the truth, he was remanded to prison.

Dr Domingo Abbad y Huerta.

SECOND AUDIENCE

In the Royal Palace of the Inquisition of Barcelona, on the nineteenth day of September, one thousand six hundred and thirtyfive, the Inquisitor, Doctor Domingo Abbad y Huerta being at his morning audience, presiding upon affairs of justice, ordered the above Pedro Ginesta to be brought out of prison, which being done, and the prisoner present, he was

Questioned, if he remembered anything relating to his affair which he was bound to divulge, with all truth, to discharge his conscience.

Answered, that he had nothing more to say.

The prisoner was then admonished on the part of God our Lord, &c. [The whole repeated as above.]

Answered, that he had nothing more to say; and being admonished to bethink himself well, and declare the truth, he was remanded to prison.

Before me—

Miguel Rodriguez.

THIRD AUDIENCE

In the Royal Palace of the Inquisition of Barcelona, on the twentieth day of September, one thousand six hundred and thirtyfive, the Inquisitor, Dr Domingo Abbad y Huerta being at his morning audience, ordered the above Pedro Ginesta to be brought from his prison, which being done, and the prisoner present, he was

Questioned, if he remembered anything relating to his affair which he was bound to divulge, in all truth, and to discharge his conscience.

Answered, that he had nothing more to say.

The prisoner was then informed that in the audiences which had already been given, he had been admonished on the part of God our Lord, &c. [The whole repeated as before.]

Answered that he had nothing more to say.

The prisoner was then notified that the Promotor Fiscal¹⁴ of this Holy Office had an accusation to bring against him, before which he would do well to declare the whole truth, as he had already been admonished, in which case, he would experience more fully the mercy which the Holy Office ever extends to those who confess freely; otherwise the Fiscal would attend and proceed to the accusation.

Straightway appeared Doctor Francisco Gregorio, Promoter Fiscal of this Holy Office, and presented the accusation, signed by himself, against the said Pedro Ginesta, making oath that it was not done out of malice; which accusation was as follows:—

ACCUSATION

I, Doctor Francisco Gregorio, Fiscal of this Holy Office, appear before your Excellency, and accuse criminally, Pedro Ginesta, brazier, a native of the village of Orliach, bishopric of St Flor, in Ubernia, in the kingdom of France, resident in this principality, attached to the secret prison of the Inquisition, and now present,—stating that the said person, being a baptized and confirmed Christian, and enjoying the graces and benefits which such persons do and ought to enjoy, not having the fear of God before his eyes, but regardless of his own conscience and the justice administered by your Excellency, has committed offences against our Holy Faith, by saying and performing things which savour of the heretic Luther, in the manner following.

The said prisoner being in a certain part of the village of Semiana in the bishopric of Urgel on the fast of St Bartholomew last, in company with another certain person, did cause to be cooked a dish of bacon and onions; and, being reminded to take heed, for it was a fast, and such food was forbidden, replied by ordering the meat to be cooked, and in fact when the said meat was cooked, did proceed to eat the same, in company with the other person mentioned, and notwithstanding he was informed by another person while eating, that it was St Bartholomew’s day, and a fast, at which time it was not allowed to eat such food, the said prisoner continued to eat the remainder of the said bacon.

Furthermore, the said prisoner being of a nation infected with heresy, it is presumed that he has on many other occasions eaten flesh on forbidden days, after the manner of the sect of Luther, and committed many other offences against our Holy Faith, besides knowing that others have committed the same offences, and the said prisoner having been admonished by your Excellency to declare the truth, has not done it, but has perjured himself.

For which reasons I entreat your Excellency that full evidence being given to my accusation, or to such a part of the same as shall suffice for the ends of justice in the decision of the present case, your Excellency will declare my accusation proved, and the said Pedro Ginesta guilty of the above offences, imposing upon him the heaviest punishments fixed by statute upon the said offences, and ordering them to be executed upon his person and goods, as a penalty to himself and an example to others; and that the prisoner, if it be found necessary, be put to the torture, and that the same be repeated till he confess the whole truth both of himself and others.

And I formally swear that I do not bring this accusation out of malice, but solely to accomplish the ends of justice, which I now request at your hands.

Dr Francisco Gregorio.

This accusation having been presented and read, the said Pedro Ginesta was formally sworn to declare the truth in answer to every interrogatory relating thereto. The accusation being read over, article by article, he answered as follows:—

To the head of the accusation, he answered that he was the same Pedro Ginesta whom the Fiscal accuses, but had never committed any offence against our Holy Catholic Faith, nor done, nor said anything which pertained to the sect of Luther or any other heresy.

To the first article he answered, confessing that he had eaten bacon and onions on the said eve of St Bartholomew, and that although it was true he had been reminded that it was a fast, he had forgotten it, and on being again told of it while at his meal he immediately left off eating; that the person who ate with him was a young man, son to Borbon Merchante; that he did not do the above act out of disrespect to the Church or its precepts, well knowing that it was forbidden to eat flesh on such days, which regulation he had observed throughout his life, and remained in the determination to observe, believing in all the doctrines taught by the holy Catholic Roman Church. Here the prisoner fell upon his knees and declared that he had offended through forgetfulness.

To the second article he answered, that he had never at any other time committed the same offence, nor had he concealed the truth as to this point, either respecting himself or his companion, being an obedient son of the Church.

To the conclusion of the accusation, he answered that even if he were put to the torture, he could not declare anything further, and that he had offended, not from any bad intention, but through forgetfulness, occasioned by his great age.

The above is the truth according to the oath of the prisoner, and being read in his presence, is declared by him to be correctly recorded.

The Inquisitor,

Dr Domingo Abbad y Huerta.

Before me—

Miguel Rodriguez.

The Inquisitor then ordered him a copy of the accusation that he might, within three days, make arrangements for his trial and defence by conferring and agreeing with one of the lawyers who are counsel for those persons tried by the Holy Office, namely, Doctor Magrina, priest, and Micar Morato, giving the prisoner liberty to make choice of either. The prisoner made choice of Dr Magrina, on which the Inquisitor ordered him to be summoned. The audience then closed, and the prisoner being admonished was remanded to prison.

Before me—

Miguel Rodriguez.

AUDIENCE FOR COMMUNICATION OF THE ACCUSATION AND EVIDENCE

In the Royal Palace of the Inquisition of Barcelona, on the twentieth day of September, one thousand six hundred and thirtyfive, the Inquisitor, Dr Domingo Abbad y Huerta being at his morning audience, ordered the above Pedro Ginesta to be brought from prison, which being done, and the prisoner present, he was

Questioned, if he remembered anything which he was bound to declare, according to the oath he had sworn.

Answered, that he had nothing more to say.

The prisoner was then informed that Dr Francisco Magrina, whom he had selected for his counsel, was present, with whom he might confer, and make arrangements for his defence.

Dr Francisco Magrina was then sworn in verbo sacerdotis, to defend well and faithfully the said Pedro Ginesta, to inform him if his case was not on the side of justice, to do everything which a good advocate is bound to do, and to preserve secrecy throughout.

Then were produced and read, the several confessions of the said Pedro Ginesta, made from the eighteenth of this month to the present time, with the accusation, and the answers of the prisoner. These he examined, and conferred with the prisoner respecting his case, counselling him, as the best defence which could be made, to confess the whole truth, and if he had been guilty of any offence, to beg for pardon; by which means, he might obtain mercy.

The said Pedro Ginesta replied that he had declared the whole truth as appeared by his confessions, that beyond this he denied everything contained in the accusation, and in consequence begged to be acquitted and set at liberty.

The Inquisitor then ordered a copy of the above to be given to the Promoter Fiscal of the Holy Office, who declared, that, confining himself to what he had stated in his accusation and to the matter contained in the confession of the prisoner, he requested that they might proceed to the proofs. The Inquisitor replied that the cause should be judged definitively, and the proofs on both sides received salvo jure impertinentium et non admittendorum, according to the style of the Holy Office, and the same was notified to both parties.

The Promotor Fiscal then declared that he reproduced the testimony which had been received and registered against the said Pedro Ginesta in this Holy Office, which testimony he desired might be examined and ratified in form; and also that all other necessary investigations might be made and the testimony published; whereupon the audience closed, and the prisoner being admonished to bethink himself well, and declare the truth, was remanded to prison.

Before me—

Miguel Rodriguez.

AUDIENCE FOR THE PUBLICATION OF THE TESTIMONY

In the Royal Palace of the Inquisition of Barcelona, on the sixth day of October, one thousand six hundred and thirtyfive, the Inquisitor, Dr Domingo Abbad y Huerta, being at his morning audience, ordered the above Pedro Ginesta to be brought from the secret prison, which being done, and the prisoner present, he was

Questioned, if he remembered anything which he was bound to declare according to the oath he had sworn.

Answered, that he had nothing more to say.

The prisoner was then informed that the Promotor Fiscal of the Holy Office had requested a publication of the testimony against him, before which it would be well for him to declare the whole truth, as this would cause him to experience more benignity and mercy.

Answered, that he had nothing to add to his former confessions; that it was true that he had eaten bacon on St Bartholomew’s eve, but had done it through ignorance, not knowing it to be a fast; that he begged pardon for his offence, having all the rest of his life conducted in a different manner.

Straightway appeared the Promoter Fiscal and requested publication of the testimony against the said Pedro Ginesta according to the style of the Holy Office. The Inquisitor ordered the publication to be made, concealing the names of the witnesses and other circumstances which might cause their persons to be known, according to the orders and style of the Holy Office, which was done in the manner following.

Publication of the testimony against Pedro Ginesta, native of the village of St Quinti, diocese of St Flor, in the kingdom of France.

A certain witness, sworn and qualified in the proper time and manner in the town of Tremp, bishopric of Urgel, on a certain day of the month of August, in the present year sixteen hundred and thirtyfive—declares, &c. [Here follows the testimony of Joan Compte as given before.]

Another witness sworn and qualified in the proper time and manner in the town of Semiana, &c. [Here follows the testimony of Geronima Aymar.]

Another witness &c. [All the other testimony repeated.]

The above testimony having been published, an oath was exacted from the prisoner to declare the truth in answer to the testimony aforesaid, article by article, and the same having been read to him de verbo ad verbum, he answered as follows;—

To the first article he replied that it was true he had eaten the bacon, but had done it through ignorance, having forgotten that it was St Bartholomew’s eve, as he had already confessed, and that on being apprised of the same, he had left off eating.

To the second article he answered that the hostess might possibly have said what she states, but that he had no recollection of it.

To the third article he answered that he repeated his former declaration that he was a Catholic Christian, and had he known it to be the fast of St Bartholomew, should not have eaten upon any account.

To the fourth article he answered by referring to the confession which he had already made, and declared that he did not remember having been warned by any one.

To the fifth article he answered by referring to his confession, and declared that beyond this he denied everything sworn to by the witness.

The above is the truth according to the oath of the prisoner, and the same having been read in his hearing is declared by him to be faithfully recorded,

Dr Domingo Abbad y Huerta.

Before me—

Damian Fonolleda, Sec’y.

The Inquisitor then ordered the prisoner to be furnished with a copy of the above publication, that he might, with the assistance of his counsel, make arrangements for his defence, whereupon the prisoner was admonished, and remanded to prison.

AUDIENCE TO COMMUNICATE THE PUBLICATION

In the Royal Palace of the Inquisition of Barcelona, on the ninth day of October, one thousand six hundred and thirtyfive, the Inquisitor, Dr Domingo Abbad y Huerta being at his morning audience, ordered the above Pedro Ginesta to be brought from prison, which being done, and the prisoner present, he was

Questioned, if he remembered anything which he was bound to declare in discharge of his conscience, according to the oath he had sworn.

Answered, that he had nothing more to say.

The prisoner was then informed that Doctor Francisco Magrina, his counsel, was present, with whom he might communicate and take measures for his defence. The publication of the testimony against the prisoner, with his answers to the same, were then read to the said Dr Francisco Magrina, who proceeded to confer with the prisoner about his defence. Having done this he received from the hands of the prisoner a sheet of paper, upon which he drew up articles of defence which were then read to the prisoner and he declared that he made a formal presentation of the same. Here follows the defence.

DEFENCE

‘Although Pedro Ginesta, a native of France, and by trade a brazier, has no necessity for any defence against the charges brought against him by the Promotor Fiscal of this Holy Office, as may be clearly seen from the testimony; nevertheless, for greater security, and with an express declaration that his impeachment of the testimony of the witnesses against him, is not occasioned by a desire to injure them, but solely to defend himself, he states the following.

‘1st. He confesses that he has committed an offence, but denies that he ought to receive any ordinary or extraordinary punishment for the same, which is the truth, because,

‘2d. Although it be the fact that he ate meat on St Bartholomew’s eve last, yet it is not the fact that he did it through malice, or from the intention to transgress the ordinances of the Church; which declaration is the truth.

‘3d. The said Pedro Ginesta has, in consequence of his occupation, spent his life in travelling from one place to another, attending mass where he happened to be on Sundays and holidays, not being able to give more attention to the duties of religion; and in consequence has been ignorant of the fast days, by not hearing them announced; which is the truth.

‘4th. For this reason, and being ignorant that a fast was prescribed on St Bartholomew’s day, he declares he should not have eaten, had he known the same; which is the truth.

‘5th. Although it be true he was informed that he ought not to eat flesh at that time, as it was St Bartholomew’s eve, yet those present suffered him to eat, notwithstanding, and made no remonstrances; which is the truth.

‘6th. The said Pedro Ginesta, besides being a person of simple understanding, is very aged, being more than eighty years old, at which time the memory is apt to fail, as old age is a species infirmitatis; which is the truth.

‘7th. The said Pedro Ginesta did not offend through malice, but solely from ignorance, quod de jure excusari solet, et verum.

‘8th. The said Pedro Ginesta, although a Frenchman by birth, is a good Christian, and, as such, has always punctually adhered to every obligation by which a good Christian is bound; which is the truth.

‘9th. On the above accounts, the said Pedro Ginesta ought to be acquitted by your Excellency, and released from the prison in which he is at present confined, experiencing mercy at your hands; vel alias,

‘10th. Ponit quod omnia et singulos jure vero, super quibus jus diei et justitiam ministrari postulat, et verum.

F. Magrinya.

‘11th. The said Pedro Ginesta offers the above in his defence, and concludes by asking for mercy.

F. Magrinya.’

This being presented to the Inquisitor, was by him ordered to be put on file. It was likewise ordered that the same be notified to the Promoter Fiscal of this Holy Office; whereupon the audience closed, and the prisoner was remanded to prison.

Before me—

Miguel Rodriguez.

SENTENCE

In the Royal Palace of the Inquisition of Barcelona, on the sixteenth day of October, one thousand six hundred and thirtyfive, at the morning audience, present, the Inquisitor, Dr Domingo Abbad y Huerta presiding on his own part, and on the part of the Ordinary of the bishopric of Urgel, and Dr Augustin Fernandez Lopez, Vicar General of the bishopric of Barcelona. Having examined a trial carried on in this Holy Office, against Pedro Ginesta, a Frenchman by birth, native of St Quinti or Orliach, bishopric of St Flor, in Ubernia, a resident in Catalonia, in the district of Pallas, arrested in the town of Tremp, and now in the secret prison of this Holy Office, ordered, that in virtue of this act, the said prisoner be reprehended, and admonished, and forthwith released from prison.

Before me—

Miguel Rodriguez, Sec’y.

In the same audience, the said Pedro Ginesta was ordered to be brought from prison, which being done, and he present, the Inquisitor, Abbad y Huerta reprehended and admonished him, in conformity to the above sentence. The prisoner received the correction with humility, and promised amendment; which I, the Secretary, hereby certify.

Miguel Rodriguez.

Straightway, in the same audience, the prisoner was sworn to declare the truth; and he was

Questioned, &c.

Answered, that he had nothing more to say, either with respect to himself or others, in discharge of his conscience, nor anything relating to what had been said or done in the prison of this Holy Office against the honor, dignity, or secrets of the same or its ministers, or with respect to the custody of the prisoners therein contained; that he had not witnessed any communication carried on among them, or knew that any one had spoken to another; that he has no communication from them to carry to any one, and that the Alcayde and Steward have faithfully discharged their duties.

He was then commanded, by virtue of the oath he had sworn, and under penalty of complete excommunication, to observe perfect secrecy with respect to everything which had befallen him relating to his trial, and with respect to all which he had seen, heard, or learned in any manner while in prison, and not to reveal the same to any person, under any shape whatever; all which he promised to observe, and being unable to write, I, the Inquisitor, Abbad y Huerta, sign in his name; whereupon he was dismissed.

Dr Domingo Abbad y Huerta.

Before me—

Miguel Rodriguez.

On the 19th day of the same month, the Secretary Rodriguez dispatched a letter to the Commissary of Salas in the name of the Tribunal, ordering him to restore to the prisoner, on account of his poverty, the instruments of his trade and his other property. The letter was sent by the prisoner.

Rodriguez.