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 Inquisition regarded the sentence of the magistrate as a mere
perfunctory formality. The doctors had pointed out conclusively that
heresy was a crime over which he had no jurisdiction, and if he were to
assert it he would render illusory the sentence of the bishop or
inquisitor.[544] Consequently, in preparation for an auto de fe, the
tribunal, in advance, gave to the secular authorities a list of the
condemnations so that the sentences might be drawn up and the wood, the
stake and the garrotes be prepared for immediate execution.[545] It is
true that thrift induced a certain amount of equivocation when, in 1579,
the royal alguaziles of Saragossa claimed payment from the confiscations
for their services and for the cost of the wood, and Philip II
emphatically rejected the demand as unexampled, adding that the
inquisitors could not order such payment without irregularity, and that
the executions were in virtue of the sentences of the secular judges and
not of the inquisitors.[546] This, however, was the merest quibble. In
_autos generales_, the magistrates were asked to be present to receive
the convicts and "execute on them the penalties imposed by the canon law
of the kingdom." In _autos particulares_, held in churches which must
not be polluted by judgements of blood, the Suprema pointed out, in a
consulta of April 7, 1690, that the secular judges could wait at a
designated place, when it sufficed that a notary informed them in
writing that "N. has been declared a heretic by sentence of the Holy
Office," simultaneously delivering the convict, when they must accept
this assertion, and without delay execute the sentence, unless they wish
the Holy Office to prosecute them as fautors of heretics and impeders of
its free jurisdiction. At the same time the judges are to continue as
usual to pronounce the formal sentence.[547]
Still, the _estilo_ of the Inquisition required the ghastly comedy of
asking mercy. In the official formula of the sentence the clause
announcing relaxation to the civil magistrate proceeds "whom we ask and
charge most affectionately to treat him benignantly and mercifully." In
sentences of the absent and dead, where the effigy alone was abandoned
to the secular arm, there is no prayer for mercy, as there was no
effusion of blood to create irregularity.[548] In the rigid formalism of
inquisitorial procedure, after the Suprema had established its minute
control, it is safe to assume that this official formula was universally
followed.
[Sidenote: _RESPONSIBILITY OF THE CHURCH_]
Public-domain text, read in full here on John Shaqi.
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