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
From this brief review of the various characteristics of the sentence,
it will be seen that the Inquisition had at hand formulas adapted to
every possible exigency, in the administration of its extensive and
highly diversified jurisdiction. Until the development of the authority
of the Suprema over the local tribunals, the use made of these formulas
depended on the temperament of the individual inquisitors, shielded as
they were from responsibility by secrecy and by the virtual suppression
of the right of appeal, except in trivial matters. It must be borne in
mind, moreover that, even when their sentences may seem merciful, there
was always behind them the most grievous infliction of an infamy which
affected the honor and the fortunes of a whole lineage.
CHAPTER II.
MINOR PENALTIES
In the preceding chapter the general penal system of the Inquisition has
been considered, but for its proper comprehension a brief exposition of
its several penalties is requisite. In this it is unnecessary to treat
of confiscation and pecuniary penance which have already been discussed
as constituting the financial basis of the existence of the Holy Office.
REPRIMAND.
Of the minor inflictions, the most nearly universal was the reprimand.
It is naturally absent from the severer sentences of reconciliation and
relaxation but, with these exceptions, scarce any defendant escaped it,
no matter how groundless the accusation was proved to be, or how plainly
his innocence was manifested. The freedom with which it was administered
is evidenced in a phrase of frequent occurrence in the reports of the
Toledo tribunal--"as no offence was proved, he was reprimanded and
warned for the future."[320] We have seen that some strict
constructionists held that reprimand was incompatible with suspension,
but that this principle was universally disregarded. The same authority
asserts that no reprimand was to be administered without a formal
sentence, but cases are numerous in which it is expressly recorded that
the party was reprimanded without a sentence, and sometimes this was by
the special command of the Suprema. In the Valladolid tribunal there
were eight such cases in the year 1641.[321] To scold the defendant was
one of the prerogatives of the inquisitor, from the use of which he
rarely abstained, especially as it afforded the opportunity of
expatiating on the benignity which imposed penalties so incommensurate
with the offences.
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