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
In spite of these impressive formalities, I think it doubtful whether,
after the first furious rush of persecution was past, the extreme
penalty of relaxation, for reincidence after abjuration _de vehementi_,
was customary. As a rule, in the later periods, inquisitors rather
endeavored to avoid relaxation and, while they were callous, they were
not apt to be unnecessarily cruel. I have not happened to meet with such
a case, while I have found more than one in which the canons were not
observed. In fact, a learned writer of the second half of the
seventeenth century argues elaborately, with the citation of many
authorities, to show that reincidence after abjuration _de vehementi_
does not incur the punishment of relapse, despite the penalties
expressed in the formula, and this would appear to have been tacitly
accepted, for a custom arose of specifying in the sentence whether or
not the abjuration should entail the penalty. Thus, in 1725 at Cuenca,
Doctor Zapata, accused of Judaism, was required to abjure _de vehementi_
with liability to relaxation, while in 1794, at Toledo, Damaso José
López de Cruz, for heretical propositions, was sentenced to similar
abjuration without such liability.[329] There was another distinction
between the two forms of abjuration, for those who abjured _de
vehementi_ were subject to the disgrace of appearing in an auto de fe
and of wearing a sanbenito _de media aspa_--or with one band of color
across it, before and behind.[330]
The Instructions of 1561 state that, when there is semi-proof, or such
indications that the accused cannot be acquitted, there are three
remedies, compurgation, torture or abjuration; but this is scarce
correct, for those who succeeded in compurgation were always, and those
who overcame torture were generally, required to abjure. The
Instructions add that abjuration, whether for light or vehement
suspicion, is rather a measure to inspire fear for the future than a
punishment for the past, and therefore it is usually accompanied with
pecuniary penance.[331] In fact, it was only in trifling cases, or in
suspensions, that abjuration was not associated with much severer
penalties. This was inevitable in the large class of offences which, by
a strained construction, inferred suspicion of heresy. In these, when
guilt was proven, it received its appropriate punishment, perhaps of
scourging or the galleys, and the abjuration was a mere formality to
satisfy the artificial ascription of heretical belief. In cases of
suspicion of real heresy, abjuration, whether _de levi_ or _de
vehementi_, was a necessary adjunct to the punishment. Thus in the
Toledo auto of February 7, 1694, Luis de Vargas, for "suspicions of
Judaism," was sentenced to abjure _de levi_, to pay a fine of two
hundred ducats and to be exiled for six years from various places. So,
in 1715, at Toledo, the Carmelite Fray Francisco Martínez de Salazar,
"for crimes vehemently suspect of heresy," appeared in the
Public-domain text, read in full here on John Shaqi.
A History of the Inquisition of Spain; vol. 3 — John Shaqi
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