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
After the reading of the sentence was concluded, recantation did not
avert the death-penalty, as in the elder Inquisition, but it was
modified to garrotting or strangling before burning, for it was received
as a principle that a Christian was not to be burnt alive. This was
recognized at least as early as 1484, when in a Saragossa auto a culprit
is recorded as strangled before burning "porque murio reducido."[562] In
addition to this, the traditions of the Old Inquisition introduced at
first a certain irregularity in practice, and it did not follow that
delivery to the secular arm inevitably inferred execution. In a list of
_quemados y relaxados_ at Ciudad Real, there are several cases, up to
1523, of those who were "relaxed" and yet had penances of various kinds,
showing that they had recanted after delivery to the magistrate and yet
were spared the death-penalty.[563] In fact, it continued for some time
to be a matter of debate, in which opinions were divided, whether a man
who had been returned by the secular judge to the inquisitors, because
he recanted and promised full confession, could be again relaxed for
execution. The older doctors inclined to the merciful view and Simancas
tells us of such a case in Cuenca, which was referred to the Suprema,
when many experts held that the culprit could not be again relaxed, for
he had made a true confession, and the secular arm had renounced its
rights. Even as late as 1640 an inquisitor says that the rigor of
executing a man who repents after delivery to the magistrate is not
customary in Spain.[564]
Public-domain text, read in full here on John Shaqi.
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