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
There seems to have arisen a fresh sense of insecurity about 1605. The
brief of Leo X was well-nigh forgotten; some tribunals had copies of it,
but most of them had not, and the bull _Si de protegendis_ did not
specifically meet cases that arose. Application was therefore made to
Paul V to extend to Spain the 1567 decree of Pius V, which he granted
by a brief of November 29, 1605, repeated in 1607. In this he bestowed
the fullest powers, not only on inquisitors but on all their officials,
in all cases whether of faith or not, coming within their competence, to
participate in sentences of torture, mutilation, or death without
incurring irregularity.[554] This would appear ample enough to remove
all possible scruples and yet subsequently contingencies occasionally
arose which excited debate, or called for papal intervention to quiet
sensitive consciences.[555]
* * * * *
In the work of exterminating heresy, the rules which governed the
Spanish Inquisition were more merciless than those framed by its
predecessor. At first, in the medieval tribunals, it was only the
pertinacious and impenitent heretic who was consigned to the stake; he
who recanted and professed conversion, even at the last moment, was
admitted to reconciliation. Then gradually, as it was found that these
enforced conversions were frequently insincere, relapse was regarded as
proof of impenitence and pertinacity and was subjected irremissibly to
the death-penalty, and this included those who had abjured for vehement
suspicion. The treatment is exemplified in the case of Fray Bonato, the
head of a little body of Spiritual Franciscans in Catalonia. He was
pertinacious until the flames had roasted him one side, when his
resolution gave way; he professed conversion and was rescued, but some
years later he was found to be still cherishing his heresies and, in
1335, he was burnt alive.[556]
[Sidenote: _RECANTATION_]
The number of burnings in the Spanish Inquisition, during its first half
century, could never have occurred under the old rules. Indeed, in the
first rush and fury, the case of Juan Chinchilla in 1483 (Vol. II, p.
468) indicates that even frank confession failed to save from the stake
those who had sought reconciliation in a Term of Grace, but had been
prevented by causes beyond their control. Even when rules began to be
framed, the Instructions of 1484 placed the lives of those on trial at
the discretion of the tribunal, for they required that repentance and
asking for reconciliation must be expressed prior to rendering the final
sentence, to entitle the culprit to mercy; while even then, if the
inquisitors considered that the repentance was feigned, and they had not
fair hope of genuine conversion, they were empowered to declare him an
impenitent and relax him to the secular arm--all of which was left to
their consciences.[557]
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