Torquemada and the Spanish Inquisition: A HistorySabatini, Rafael
History
Torquemada and the Spanish Inquisition: A History
Sabatini, Rafael
Inquisition -- Spain; Torquemada, Tomás, de, 1420-1498
Although not so popularly used in these various meanings, the English
term “grace” can also signify (_a_) the prerogative of mercy exercised
as a complete pardon, (_b_) the same prerogative exercised to relieve
part of the penalty incurred, or (_c_) a state of acceptance with God.
The accused was deliberately led to suppose that “gratia” was employed
in the sense of a complete pardon. It remained with the inquisitor
to quiet his conscience for this _suggestio falsi_ by preferring the
letter to the spirit of his promise; he would enlighten the accused
that by “grace” no more was meant than a remission of part of the
penalty incurred (an insignificant remission usually), or even that all
that he had in mind was the grace of divine favour into which his soul
would enter--so that this might be saved at least, as Pegna explains.
Pegna has a good deal more to say on the same subject, and all of it is
extremely interesting.
He propounds the questions: “May an inquisitor employ this ruse to
discover the truth? If he enters into such a promise is he not obliged
to keep it?” By this latter question he means, of course, the promise
to pardon which the prisoner was given to understand was made him.
He proceeds to tell us that Dr. Cuchalon decided the first of these
questions by approving the use of dissimulation, justifying it by the
instance of Solomon’s judgment between the mothers.
It really seems as if there is nothing that theologians cannot justify
by inversion, subversion, or perversion of some precedent (more or less
apocryphal in itself) to suit their ends.
The scholiast himself agrees with the reverend doctor, and considers
that although jurisconsults may disapprove of such methods in civil
courts, it is quite fit and proper to use them in the courts of the
Holy Office; explaining that the inquisitor has ampler powers than the
civil judge [which seems to be an extraordinary reason for justifying
his abuse of them].
Thus, Pegna pursues, in this edifying treatise upon the uses of
hypocrisy, provided that the inquisitor does not promise the offender
absolute impunity, he may always promise him “grace” (which by the
offender is taken to signify “absolute impunity”) and keep his promise
by diminishing somewhat the _canonical_ pains that depend upon himself.
In actual practice this would mean that a heretic who has incurred the
stake may be promised pardon if he will confess to the sins of which it
is necessary to convict him before he can be burnt. And when, having
confessed and delivered himself into the hands of the inquisitor, he
claims his pardon, he is to be satisfied with the answer that the
pardon meant was pardon for his sins--absolution, that his soul may be
saved when they burn his body.
Public-domain text, read in full here on John Shaqi.
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