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
The infinite varieties and intangible nature of the offence rendered
impossible the formulation of hard and fast rules for the tribunals,
which were thus left to their discretion in a matter which was
constantly forming a larger portion of inquisitorial business. The space
devoted to it by Rojas, in his little book, indicates its growing
importance, and he tells us that he was led to treat it thus at length
because so many of the accused admit the facts, while denying belief and
intention, and he had seen such diametrically opposite modes of
treatment and punishment adopted in different tribunals. He is emphatic
in insisting on the allowance to be made for the ignorance and rusticity
of most of the culprits, and he points out that, in view of the
restrictions on the defence, the inquisitor should be especially careful
to give weight to whatever could be alleged in favor of the accused,
whether he were ignorant and rude, or learned and subtle. The manner and
occasion of the utterance ought to be carefully considered, as well as
the nativity of the speaker, if he comes from lands where heresy
flourishes. How much depended on the temper of the tribunal is exhibited
in a case in which a man, going to hear mass and finding that it was
over, said "faith alone suffices" and was prosecuted for the remark.
Rojas decided that he was not to be held as asserting that faith without
works suffices, which would be heretical, for doubtful words are to be
interpreted according to circumstances, but a more zealous or less
conscientious inquisitor could readily have convicted him. For ordinary
cases, he tells us, the accused should rarely be confined in the secret
prison; the abjuration may be _de levi_ or _de vehementi_ according to
circumstances, and the extraordinary punishment should be scourging or
fines.[313]
Public-domain text, read in full here on John Shaqi.
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