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
They were careful not so much as to say that they _delivered_ him
to the secular arm; for delivery suggests activity in a matter in
which they must remain absolutely passive. They merely _abandoned_
him. Pilate-like, they washed their hands of him. If the secular
justiciaries chose to bear him away and burn him at the stake in spite
of their “earnest intercessions” to the contrary, that was the secular
justiciaries’ affair.
Thus was the letter of the law most scrupulously observed, and the
inquisitor displayed in his intercession on the heretic’s behalf the
benignity proper to his sacerdotal office. His conscience was entirely
at peace.
For the rest, he knew, of course, that there was a bull of Innocent IV,
known as “ad extirpanda,” which compelled the secular justiciaries,
under pain of greater excommunication, and of being themselves
prosecuted as heretics and _fautores_, to put to death within a term
of not more than five days any convicted heretic taken within their
jurisdiction.
Francesco Pegna recommends inquisitors to be careful not to omit
the intercession on the prisoner’s behalf, lest they should render
themselves guilty of an irregularity. At the same time he raises
the interesting question whether an inquisitor can reconcile this
intercession with his conscience--not, as you might suppose, upon the
score of the dissimulation it entails; but purely on the ground that it
is most strictly forbidden to intercede on behalf of heretics; to do
so, indeed, is to incur suspicion of being a befriender of heretics--an
offence as punishable as heresy itself.
This question he has no difficulty in answering. Thus:
“In truth it would not be permitted to employ for a heretic an
intercession that would be of any advantage to him, or which tended to
hinder the justice which is to be executed upon his crime, but only
an intercession whose aim it is to relieve the inquisitor of the
irregularity he might otherwise incur.”
He goes on to say that when the heretic has been abandoned to the
secular justiciaries, the latter must pronounce their own sentence and
conduct him to the place of execution, permitting him to be accompanied
by pious men, who will pray for him and not leave him until he shall
have delivered up his soul. And he reminds the inquisitors--though it
hardly seems necessary--that should the magistrates delay in putting to
death a heretic who has been abandoned to them, they must be regarded
as _fautores_ and themselves prosecuted.
* * * * *
Innocent IV, as we have seen, allowed the magistrates a term of five
days in which to do their duty in this matter, and in Italy it was
usual to take the heretics back to prison after sentence, and bring
them forth again upon a week-day--always within the prescribed term--to
be burnt. In Spain, however, the custom was that the magistrates having
pronounced their own sentence--as soon as the heretic was abandoned to
them--should immediately proceed to execute it.
Public-domain text, read in full here on John Shaqi.
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