A History of the Inquisition of Spain; vol. 3Lea, Henry Charles
History
A History of the Inquisition of Spain; vol. 3
Lea, Henry Charles
Inquisition -- Spain
This last case is perhaps explicable by
Jesuit influence, for he was of the family of St. Ignatius, and further
reparation was made by creating his brother, Don Ignacio de Loyola y
Haro alguazil mayor of the tribunal, while three nephews were made
familiars.[288]
The reluctance of the tribunals to pronounce a sentence of acquittal is
illustrated in the case of Francisco Marco, tried at Barcelona for
bigamy, in 1718. Unable to prove the charge, which was punishable with
scourging and galleys, the tribunal sentenced him to have his sentence
_con meritos_ read in the audience-chamber, to be reprimanded and
threatened, and to be banished from Barcelona and Madrid for six years.
In the earlier period this sentence would have stood, but by this time
the Suprema was in full control and it expressed great surprise at so
unjust a decision, inflicting so foul a stigma on the accused. It
declared null and void all the acts of the process, it ordered Marco to
be discharged at once, and that the inquisitors should defray out of
their salaries all the cost of his imprisonment.[289]
[Sidenote: _SUSPENSION_]
The indisposition to acquit found expression in the device known as
suspension. When the effort to convict failed, the case could be
suspended, thus leaving matters as they stood; the accused was neither
acquitted nor convicted, the case could at any moment be reopened and
prosecuted to the end, and it hung over the unfortunate victim while it
saved the infallibility of the tribunal. The earliest allusion to it
that I have met occurs in the Instructions of 1498, which show that it
was a usage already established and abused, for it is forbidden in
prosecutions of the dead, except when further evidence is expected, and
acquittal is ordered when the proof is imperfect, because there are many
cases of suspension that inflict hardship through the sequestrations
continuing in force.[290]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account