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
This shifting of responsibility to the civil power was not through any
sense that the laws punishing heresy with burning were cruel or unjust,
for the Church taught this to be an act so eminently pious that it
accorded an indulgence to any one who would contribute wood to the pile,
thus assuming the responsibility and expending the Treasure of the
Merits of Christ in stimulating popular ferocity. That this indulgence
was well known in Spain appears in the evidence in the trial of Jan of
Antwerp for Lutheranism at Toledo in 1561.[530] In fact, when Luther
argued that the burning of heretics was contrary to the will of the
Spirit, Leo X included this among his heresies condemned in the bull
_Exsurge Domine_.[531] Consequently the secular power had no choice as
to what it should do with heretics delivered to it; its act was purely
ministerial, and if it listened to the hypocritical plea for mercy, it
was liable to prosecution as a fautor of heresy and to deprivation of
its functions.[532] The Church enforced this by embodying in the canon
law a provision that princes and their officials must punish duly and
promptly all heretics delivered to them by inquisitors, under pain of
excommunication, which became heresy if endured for a year; and
inquisitors were required to proceed against them, but were cautioned to
speak only of executing the laws, without alluding to the death-penalty,
in order to escape irregularity.[533]
As elsewhere, so in Spain. The Inquisition abandoned the unrepentant or
relapsed heretic to the secular arm, which was bound to sentence and
execute him. In the hurried informality of the early period, it seems to
have been indifferent whether the magistrate pronounced a sentence or
not. A contemporary account of the Toledo auto of August 14, 1486,
describes the reading of the sentences of the inquisitors and the
condemned being carried at once to the Vega for execution, where they
were burnt till not a bone remained, without any allusion to the
formality of intervention by the secular power.[534] When, however, the
form of a condemnation by the alcalde was observed, as at Córdova in
1484, he uttered it by virtue of the sentence of the inquisitors, which
rendered unnecessary anything more than condemning the culprit to be
burnt alive, wherefore he ordered the alguazil mayor to carry it into
effect.[535] In the inquisitorial sentences of the period the adjuration
for mercy is generally lacking. In that of Mencia Alonso, condemned at
Guadalupe, November 21, 1485, not only is it absent but the duties of
the secular officials are treated as purely ministerial, for it ends "As
a limb of the devil and accursed and excommunicate, she shall be taken
to the place of burning so that by the secular justice of this town, or
by other laymen, justice shall be executed upon her according to the
custom of these kingdoms."[536]
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