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
The tendency to shorten the term was irresistible; the conservatives had
to yield and, by the middle of the sixteenth century, Simancas tells us
that perpetual prison was customarily defined to be three years, if the
penitent was repentant, while those condemned to irremissible prison
were usually released after eight years.[446] So purely technical did
the term "perpetual prison" become that inquisitors saw nothing
incongruous in such sentences as "perpetual prison for one year" or "for
six months," which are constantly met with, as well as "perpetual
prison" followed by terms of exile. The real infliction was therefore
much less severe than it appears on the records, and when periods longer
than eight years were intended, they were specified, as when Salvador
Razo, for Molinism, was sentenced, in the Granada auto of July 4, 1745,
to ten years, of which the first five were to be spent in the galleys--a
hardship remitted on account of his infirmities.[447]
[Sidenote: _DURATION OF IMPRISONMENT_]
The terms of imprisonment were frequently shortened, moreover,
sometimes, from humane motives, but more often from financial
considerations, for the dispensing power in this, as in the other
penalties, was a source of profit. Thus Mayor García, a Morisca of
Daimiel, condemned in the Toledo auto of September 21, 1550, to
perpetual prison for six months, on January 13, 1551, petitioned the
tribunal for release "as was customary with others," saying that her
husband would pay what the inquisitors should demand. The matter was
promptly arranged with Inquisitor Alonso Pérez for four ducats, to help
to build the staging for an auto de fe--a somewhat heavy payment for two
months' relief.[448] This dispensing power was the subject of a
prolonged struggle between the tribunals and the Suprema. In the early
period, at Barcelona, the former endeavored to secure it by the device
of discretional sentences, which inquisitors could curtail or extend at
will, and this was recognized in a letter of the Suprema, October 4,
1499, authorizing them, under such sentences, to dispense with the
imprisonment but not with the sanbenito.[449] In 1513, however, Ximenes
forbade this without his consent and the repetition of the order in 1514
and 1516 shows that it was difficult of enforcement.[450] In spite of
this when the Valencia tribunal, February 25, 1540, condemned five
Moriscos to "habit and prison for as long a time as we shall determine,"
the Suprema insisted that, when discretion was specified, it must alone
be that of the inquisitor-general, a mandate that had to be repeated
more than once, even as late as 1592.[451]
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