A History of the Inquisition of Spain; vol. 4Lea, Henry Charles
History
A History of the Inquisition of Spain; vol. 4
Lea, Henry Charles
Inquisition -- Spain
As the majority of offenders were frailes, who had no settled residence,
it became necessary, in order to meet the exceptional requirement of two
denunciations, to establish communication between the several tribunals.
This was felt as early as 1601, when each one was ordered to send to all
the rest, information as to _solicitantes_, whose cases had been
suspended without prosecution. This seems to have received scant
obedience, while cases of solicitation were constantly becoming a more
important portion of inquisitorial duty, leading to a more comprehensive
effort in 1647. The tribunals were required to search their records for
thirty years back and make out lists of those charged with solicitation
with all necessary details; copies of these lists were to be sent to the
Suprema and to all other tribunals, and every year the new cases were
to be similarly circulated. A complete alphabetical list of the whole
was to be compiled and copies were to be furnished to all tribunals
making application.[271] If this was obeyed at the time, it must soon
have fallen into desuetude, for the custom became universal, when a
denunciation was received, of addressing all the sister tribunals with
the inquiry as to whether the name of the accused appeared on their
records. To facilitate these frequent researches, in compiling the
_Libras Vocandorum_ and other registers, a separate volume was reserved
for solicitation.[272]
* * * * *
When all impediments were overcome and conviction was reached, the
penalties inflicted were singularly disproportionate to the gravity of
the offence, especially when compared with the severity exercised on
those whose guilt consisted in putting on clean linen on Saturdays and
avoiding the use of pork. The earliest definition as to punishment
occurs in the Sardinia instructions of 1577, where the prescriptions
embody the general features of the policy pursued to the end, including
the secrecy preserved by reading the sentence in the audience-chamber.
The penalties, it is stated, are customarily arbitrary, varying with the
character, degree and frequency of the offence but, in all cases, there
must be abjuration _de levi_ and perpetual deprivation of the faculty of
administering the sacrament of penitence; as to the other sacraments and
preaching, or reclusion or exile, it is discretional. For religious
there may be discipline in the chapters of their convents, while a
notary reads the sentence or, in atrocious cases, a discipline in the
audience-chamber; there may also be other penances, such as reclusion
and suspension or deprivation of sacerdotal functions, deprivation of
active and passive voice, being last in choir and refectory, and penance
for heavy sin, discipline, prayers etc. For secular priests, besides the
general penalties, there may be reclusion, deprivation or suspension of
functions and benefice, fines, secret disciplines, fasts and
prayers.[273]
[Sidenote: _PUNISHMENT_]
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