In fact, by this time penitential imprisonment was virtually obsolete. After the subsidence of the active persecution of Judaism, the Toledo tribunal which, in 1738, pronounced twelve sentences of prison, did not utter another until 1756. Then a long interval occurs, of thirty-eight years, before the next one, which was for heretical propositions.[441] It would not, perhaps, be safe to say that, in the concluding years of the Inquisition, this form of punishment was wholly unknown, but no cases of it have come under my observation. * * * * * There was the same reduction in the duration of imprisonment as in its severity, owing presumably to the same economical motive. As we have seen, the medieval Church recognized only lifelong imprisonment as the fitting penalty for the heretic who saved his forfeited life by recantation and, in recognition of this, the penitential prison in Spain was officially known as the perpetual prison, the sentences being always for perpetual imprisonment. At a very early period, however, it was clearly recognized that the literal enforcement of this was a physical impossibility. Bernaldez tells us that in Seville, up to 1488, there had been five thousand reconciled and condemned to perpetual imprisonment, but they were released after four or five years with sanbenitos and these were subsequently removed to prevent the spread of infamy throughout the land.[442] At Barcelona the tribunal had scarce been established, when we find it drawing a distinction in its sentences to perpetual imprisonment, some being _cum misericordia_ and others _absque misericordia_--thus anticipating the so-called "irremissible" perpetual prison--and from the sentences it would appear that "without mercy" was exceptional.[443] This inevitable laxity provoked opposition on the part of the more rigid authorities and, in 1509, while Ximenes was in Oran, there was a discussion on the subject in the Suprema, when we are told that his temporary representative, Rojas Archbishop of Granada, stood alone against the other members.[444] What was the nature of the decision is not recorded, but it probably favored the laxer view, for Ximenes and the Suprema, in 1516, deemed it necessary to order that all sentences to prison and sanbenito must be perpetual, in accordance with the canon law; if, in any case, the inquisitors thought there should be a remission it must be left to the discretion of the inquisitor-general.[445]