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
It does not follow that the establishment of prisons was attended with
any increased strictness of discipline. The Inquisition persistently
refused to accept the burden of supporting its prisoners and left them
to shift for themselves. Where prisons existed there were few penitents
in them, although condemnations to imprisonment were frequent and, in
1641, Philip IV conceived the idea of liberating them all. The Suprema
sent his decree to the tribunals with orders to report whether they had
any prisoners and what were their cases, to which Valencia replied that
it had one, imprisoned for persistent sorcery, whereupon the Suprema
ordered the sentence to be commuted and the prisoner to be
discharged.[433]
The royal project fell through. All prisons were not as empty as that of
Valencia and a discussion occurring, in 1654, at Granada, to which
allusion has already been made, illustrates the character of the
imprisonment rendered necessary by the refusal to support the prisoners.
They gained their living chiefly by hawking goods around the city; this
at length aroused the shopkeepers, and the corregidor represented to the
tribunal that scandals were occasioned by their entering houses and
committing indecencies; there was loss to the king for, as penitents,
they were not subject to the _alcavala_ and other imposts; thus favored
they undersold the shopkeepers, who had lost half of their trade, while
the penitents grew rich, for they came almost naked from the secret
prison and, in a short time, they were well clothed and enriched. The
tribunal admitted the force of this and, on December 24, 1654, issued an
order that, for two weeks, they might cry their wares through the
streets, but not enter houses, and subsequently be restricted to selling
in shops. At this the prisoners complained bitterly of the deprivation
of a privilege of long standing in all places where there was a
tribunal, for without it they could not earn a living or support their
wives and families. Thereupon the fiscal, Doctor Joseph Francisco Cresco
de Escobar, seeing that both sides would appeal to the Suprema, printed
for its enlightenment a memorial which reveals to us the character of
penitential imprisonment. He states that, in accordance with the
Instructions of 1488, the tribunals had provided penitential prisons,
the one at Granada being of ample capacity for the observance of the
Instructions of 1561. He quotes the canons and conciliar decrees to show
that recanting heretics are to be immured for life, whence he argues
that the prison should be afflictive and penal. Now, however, it is only
nominal; the so-called prisoners go out at all hours of the day, without
restriction, without a companion, without labor save what they
voluntarily undertake, all of which is liberty and not captivity. They
wander at will through the city and suburbs, they amuse themselves at
the houses of their friends, they spend, if they choose, only part of
Public-domain text, read in full here on John Shaqi.
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