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
It will be seen from this presentation of facts from the records that
the inquisitorial process, as developed in the Spanish Holy Office, so
far from being the benignant and equitable procedure asserted by its
representatives and re-echoed by modern apologists, was one which
violated every principle of justice. The guilt of the accused was
assumed in advance; the prosecution was favored in every way; the
defence was so crippled as to be scarce more than a pretext, while the
judge, who was in reality the prosecutor, was shielded, by impenetrable
secrecy, from all responsibility except to the Suprema. Many cases cited
above show that the arbitrary power thus conferred was not always
abused, for the individuals were not necessarily as vicious as the
system, but the power existed and its exercise for good or for evil
depended on temperament and temptation.[244]
BOOK VII.
PUNISHMENT.
CHAPTER I.
THE SENTENCE.
In the infliction of punishment, the Inquisition differed from secular
courts in one important respect. Public law provided for impenitent
heresy death by fire and confiscation, and visited on the penitent and
on descendants certain disabilities, but apart from these, in its
extensive field of jurisdiction over penitent heresy, suspected heresy
and other offences, the Inquisition had full discretion and was bound by
no rules. It was the only tribunal known to the civilized world which
prescribed penalties and modified them at its will. In this, as in so
much else, it combined the legislative and the executive functions.[245]
* * * * *
The culmination of the work of the tribunal was the sentence which
embodied the result of its labors and decided the fate of the accused.
In all cases that appeared in public autos de fe, the sentence was
publicly read, and the opportunity was not lost of impressing on the
minds of the people the lofty duties of the Holy Office and the enormity
of the guilt which merited such chastisement. It afforded an occasion
for the display of power, which was turned to the best account.
There were two forms of sentence--_con meritos_ and _sin meritos_. The
former recited at length the misdeeds of the culprit; the latter was
briefer and merely stated the character of the offence. The consulta de
fe, when it agreed upon a verdict, usually defined which form should be
used, and also whether or not the culprit should appear in a public
auto. This, in itself, was a severe infliction, aggravated by the
reading of a sentence _con meritos_. For lighter cases the sentence was
read in an _auto particular_, in the audience-chamber, of which there
were several varieties, as will be seen hereafter.
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