All the Minifters of the holy Inquifition are obliged to fwear before the Inquifitors and Bishop, or his Vicar, that they will faithfully difcharge the truft committed to them. The Inquifitors, Counfellors, and others, alfo fwear, that they will faithfully conceal all fecrets; which, if any one dares to difcover, he is to be deprived of his office, and to fuffer other punifhments, according to the nature of his crime. In thefe proceedings, the civil Magiftrate is not found to have any part; on the contrary, he is excluded from all cognizance of the crime of herefy. But as they teach that it is not lawful for an ecclefiaftic to kill, or put any one to death, they are obliged to call in the arm and power of the Magiftrate to execute their cruel fentences: wherefore the Popes, by their decrees, bulls, and refcripts, command all Magiftrates whatfoever, to yield all affiftance to the Inquifitors, under the feverest penalties, if they difobey, or are wanting in their duty. The next thing to be related, is the method of apprehending and imprifoning criminals. The Inquifitors have a power to apprehend and imprifon any perfon, a native of their province; or a foreigner under their jurifdiction, that has once been a papift, and left their communion upon the evidence of one witnefs only. So that, when an information is lodged against any perfon, and it is the opinion of the board, that the perfon accufed is guilty, the Fifcal formally demands of the Inqui fitors power to apprehend him; and the warrant is figned by the Inquifitors, and directed to the proper of ficer. But all criminals have not alike places of confinement. Yet, though fome cells are lighter than others, they are all very horrible and nafly; though it is dignified with the amia ble title of Santa Cafa, i. e. the Holy Houfe. The manner in which thefe cells are built, is calculated to hold a great number of miferable creatures. The prifon confifts of feveral porticoes; every one of which is divided into a number of fmall fquare cells ten feet high; all vaulted, and built over each other in two rows. The uppermoft cells receive a weak glimmering of day through narrow openings, guarded with iron grates above the reach of a tall man. They below are not only quite dark, but narrower than the others. The walls are five feet thick. Each cell is fastened with two doors; the inner one thick, covered over with iron; and in the lower part of it there is an iron grate ; in the upper part, there is a small window, that shuts with two iron bolts, through which the prisoner receives fuch neceffaries as are thought proper to give him. The outer door is entire, without any opening in it at all; and this is generally left open every morning from fix to eleven o'clock to air the prifon. When the prifoners are fafely lodged in one of these cells, whether they are men or women, their heads are fhaved on the firft or fecond day of their confinement, without any regard to birth or quality. Thofe who are confined in the lower cells, generally fit in darknefs, and are fometimes kept there for feveral years, without any one's being fuffered to go to or fpeak to them, except their keepers, and they only at certain hours, when they give them their provifion. They are not allowed any books of devotion, but are shut up in darkness and folitude, that they may be broke with the horrors of fo dreadful a confinement, and, by the miseries of it, forced to confefs things, which oftentimes they have never done. And as to their provifions, they are to fubmit to the discretion of the Lords the Inquifitors, and of the harpies, their officers, who never fail of taking a tenth part of every thing that goes through their hands. The The next thing is to take an account of their names and business, and to enquire after their wealth; to difclofe which, the Inquifitor informs them, That whoever difcover or give an exact account of all their effects, that upon their proving themselves innocent, they fhall receive them faithfully again; but that if they conceal any thing, it fhall be confifcated, tho' they should be found not guilty. But this is a mere wire-draw to deceive them, for he that once falls into the hands of thefe Judges, is ftripped at once of all he was poffeffed of. For if any one denies his crimes, and is convicted by a fufficient number of witneffes, he is condemned as a negative convict, and all his effects confiscated: if, to escape the prifon, he confeffes his crime, he is guilty by his own confeffion, and, in the judgment of all, juftly ftripped of his effects. When he is difmiffed from prifon, as a convert or penitent, he dares not defend his innocence, unless he defires to be thrown again into prifon, and condemned, and, as a feigned penitent, to be delivered over to the fecular arm. No one in the prifon must fo much as mutter, or make any noife, but must keep profound filence. If any one bemoans himself, or bewails his misfortune, or prays to God with an audible voice, or fings a pfalm or facred hymn, the keepers, who continually watch in the porches, and can hear even the least found, immediately come to him, and admonish him that filence must be preserved in this house. If the prisoner doth not obey, the keepers admonish him again. If, after this, the prifoner perfits, the keeper opens the door, and prevents his noife, by feverely beating him with a flick, not only to chaftife him, but to deter others, who, because the cells are contiguous, and deep filence is kept, can very eafily hear the outcries and found of the blows. They never put more than one in a cell together, except it be to make fome difcovery, or ferve fome private purpofe for a time: neither will they permit the prifoners to converse with one another from cell to cell. So that it oftentimes happens, that, after two or three years confinement in the prifon of the Inquifition, a man doth not know that his friend, nor a father that his children and wife are in the fame prifon, till they all fee each other in the act of faith. In the mean time, various cruel means are made ufe of to extort confeffions from those the Inquifitors have an intereft or defire to ruin; or to make evidences against others. And to convince us of their implacable hatred against Proteftants, and that they have more mercy on a Turk and a Jew, than a Chriftian, that oppofes the gospel to the doctrines of popery, they except no body accused of fuch herefy from the torture, though clergymen, monks, religious of all forts, doctors, foldiers, officers, noblemen and their children, are exempt from it in all other caufes and crimes. The place of torture in the Spanish Inquifition is generally an underground and very dark room, to which one enters through feveral doors. There is a tribunal erected in it, in which the Inquifitor, Infpector, and Secretary fit. When the candles are lighted, and the person to be tortured brought in, the executioner makes an aftonishing and dreadful appearance, covered all over with a black linnen garment down to his feet, and tied clofe to his body. His head and face are all hid with a long black cowl, only two little holes being left in it for him to see through. All this is intended to ftrike the miferable wretch with greater terror in mind and body, when he fees himself going to be tortured by the hands of one who thus looks like the very devil. (To be continued.) To To the Proprietors of the UNIVERSAL MAGAZINE. GENTLEMEN, As the reading of the following Speech gave me a juft Idea of the Caufe of the Misfortunes that are commemorated this Day, and may ferve for a Caution to future Attempts to invade the Liberty and Property of the Subject, I defire you will publish it in your next Magazine, Anglus. Mr. Speaker, A Speech against the Judges, by Judge JENKINS. T was a custom amongst the Romans (who as by their power they once gave laws, fo, by the happy fuccefs of their long flourishing government, might they well give examples to all the world) that in their fenates the youngest men fpeak first, partly that they might not have their weaker notions anticipated by the more knowing Senators, and partly for that the Senate might not be diverted from the mature refolutions of the more an tient, by the interpofitions of the younger men; they, as all free ftates, ever allowing free members to exprefs themselves according to their feveral capacities. And methinks it was a happy method. So your opinions and inclinations of the affembly being discovered and ripened to refolution by fuch gradations, the fentences of the fages founded as judgments, not orations; their wisdom and gravity put a feasonable period to others, perhaps otherwife endless difcourses. Their Prefident encourages me (who worst may) to break the ice. Children can lay their fingers on the fore, point out their pain; and infant graduates in Parliament, may groan out the grievances of a difeafed commonwealth, but they must be doctors in the art of government that can apply apt remedies to recover it. Mr. Speaker, antient and approved hath been that parallel of the body politic with the body natural. It is the part of the patients, in either diftempered, to impart freely their griefs to the phyficians of the body or ftate, if they expect a cure. This common-wealth is, or fhould be, but one body. This house the great phyfician of all our maladies, and, alas! Mr. Speaker, of what afflicted part fhall we poor patients complain firft? Or rather, Of what fhall we not complain ? Are we not heart-fick? Is there in us that which God requires, unity, purity, and fingularity of heart? Nay, is not religion (the foul of this body) fo miferably distracted, that I speak it with terror of heart, It is to be feared there is more confufion of religions amongst us, than there was of tongues at the fubverfion of Babel: and is it not then high time that we understand one another, that we were reduced to one faith, and one government? Sir, Is the head whole? The feat of government and juftice, the fountain from whose sweet influence all the inferior members of this body should receive both vigour and motion; nay, hath not rather a general apoplexy, or palfy, taken, or fhaken all our members? Are not fome dead? Others buried quick? Some dismembered? All disordered by the diverfion of the course of justice. Is the liver (nature's Exchequer) open; from whose free distribution, each limb may receive his proper nutriment, or rather is it not wholly obftructed? Our property taken from us? So that it may properly be faid of us, Sic vos non vobis fertis aratra, our ancestors drunk the juice of their own vines, reaped and eat the fruit of their own harvest. But now the poor man's plough goes to furrow the feas, and to build fhips; we labour not not for ourfelves, but to feed excreffcions of nature, things grown up out of the ruins of the natural members, Monopolifts. Sir, these are maxime vitalia, religion, juftice, and property; the heart, the head, and the liver of this great body: And when these are diftempered or obftructed, can the fubordinate parts be free? No Sir, the truth is, all is fo far out of frame, that to lay open every particular grievance were to drive us into despair of cure: in fo great confufion, where to begin firft, requires not much less care, than what to apply. Mr. Speaker, I know it is a plaufible motion, to begin with fetting God's house in order firft; who preffes that moves with such advantage, that he is fure no man will gain-fay him. It is a well-becoming zeal to prefer religion before our own affairs, and indeed it is a duty not to be omitted, where they are in equal danger: but in cure of the body-politic, or natural, we muft ftill prefer the moft preffing exigents. Phyficians know that confumptions, dropfies, and fuch like lingering dif eases are more mortal, and more difficult to cure than flight external wounds; yet if the least vein be cut, they must neglect their greater cures to ftop that, which if neglected, muft needs exhauft the stock of nature, and produce a diffolution of the whole man. A defection from the duties of our religion is a confumption to any ftate, no foundation is firm that is not laid in Chrift. The denial of juftice, the abridgment of our liberties, is fuch an obftruction as renders the common-wealth leprous; but the wounds in our property lets out the life-blood of the people. The reformation of church-government mult neceffarily be a work of much tine, and God be thanked the disease is not defperate; we serve one Gad, we believe in one Chrift, and we all acknowledge and profefs one Gospel. The difference is only de modo, we vary but in ceremonies, to reduce which to the primitive practice, must be a work of great debate, is not a work for us alone to fettle. The top of justice can yet injure but particulars. It is true, there may be many, too many inftances of strange oppreffions, great oppreffors, but it will be hard to judge the conclufion, Et fic de cæteris. But take from us the propriety of our eftates, our fubfiftence, we are no more a people. This is that vein which hath been fo deep cut, fo far exhaufted, that to preferve our being, we must doubtless firft ftop this current: then fettle rules to live by, when we are sure to live. Mr. Speaker, he that well weighs this little word Property, or Propriety in our eftates, will find it of a large extent; the leeches that have fucked this blood, have been excife, benevolences, loans, impofitions, monopolies, military taxes, fhip-money (cum multis aliis) all which fpring from one root. And is it not high time to grub up that root that brings forth fuch fruit? Shall we first stand to lop the branches one by one, when we may down with all at once? He that to correct an evil tree, that brings forth bad fruit, fhall begin at the mafter-bough, and fo lop downwards, is in danger to fall himself before the tree falls. The fafer and speedier way is to begin at the root, and there, with fubmiflion to better judgments, would I lay to the axe. The root of most of our prefent mischiefs, and the ruin of all pofterity, do I hold, to be that extrajudicial (judgment I cannot fay, but rather) doom delivered by all the Judges under their hands out of court, yet recorded in all courts, to the fubverfion of all our fundamental laws, liberties, and annihilation, if not confiscation of our elitates. That in cafe of dan ger, ger, the King may impofe upon his fubjects, and that he is the fole judge of the danger, receffity, and proportion; which, in brief, is to take what, when, and where he will; which tho' delivered in the time of a gracious and merciful Prince, who we hope will not wreft it beyond our abilities, yet left to the interpretation of a fucceeding tyrant, if ever this nation be fo unfortunate to fall into the hands of fuch; it is a record wherein every man may read himself a flave that reads it, having nothing he can call his own, all prostitute to the will of another. What to do in fuch a cafe we are not to feek for precedents, our honourable ancestors taught us in the juft and exemplary punifhments of Chief Juftice Trefilian and his accomplices (for giving their judgments out of Parliament, against the established laws of Parliament) how tender they were of us, how careful we ought to be to continue thofe laws, to preferve the liberty of our posterity. I am far from maligning the perfon, nor in my heart with I the execution of any man, but certainly it fhall be a juftice well becoming this Houfe, to lay their heads at his Majefty's mercy, who had laid us under his feet, who had made us but tenants at will of our liberties and ef tates. And though I cannot but approve of mercy, as a great virtue in any Prince, yet I heartily pray it may prove a precedent as fafe and useful to this oppreffed flate, as that of juftice. Mr. Speaker, blafted may that tongue be that shall in the leaft degree derogate from the glory of thofe Halcyon days, our fathers enjoyed, during the government of that ever bleffled, never to be forgot, royal Elizabeth. But certainly I may fafely fay (with out detraction) it was much advantage to the peace and profperity of her reign, that the great examples of Empfon and Dudley were then fresh in memory: the civility of our laws tells us, that Kings can do no wrong, and then is the ftate fecure, when Judges (their Ministers) dare do none. Since our times have found the want of fuch examples, it is fit we leave fome to pofterity. God forbid all fhould be thought or found guilty, there are doubtless fome ring-leaders, let us fift out them. In public government, to pass by the nocent is equal injustice, as to punish the innocent. An omiffion of that duty now will be a guilt in us, render us fhamed in history, curfed by pofterity, our gracious, and (in that act of voluntary juftice) moft glorious King hath given up, to the fatisfaction of his afflicted people, the authors of their ruins: the power of future preservation is now in us. Et qui non fervat patriam, cum poteft, idem facit deftruenti patriam. What though we cannot reftore the damage of the common-wealth, we may yet repair the breaches in the bounds of Monarchy. Though it be with our lofs and charge, we shall fo leave our children's children fenced as with a wall of fafety, by the restoration of our laws to their ancient vigour and luftre. It is too true, that it is to be feared, the revenues of the crown fold out-right, would fcarce remunerate the injuries, repay the loffes of this fuffering notion, fince the pronouncing of that fatal fentence. What proportionable fatisfaction then can this common-wealth receive, in the punifhment of a few inconfiderable delinquents? But it is a rule valid in law, approved in equity, that Qui non habent in crumena luant in corpore. And it is without all question in policy, exemplary punishments conduce more to the safety of a ftate, than pecuniary reparations; hope of impunity lulls every bad great Officer into fecurity for his time; and who would not venture to raise a fortune, when the allure |