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
By that article it was decreed that confiscation should be
retrospective--_i.e._ that a heretic’s property should be confiscate
not from the day of the discovery of his heresy, but from the date of
the offence itself. So that any property that might in the meantime
have been alienated--whether in the ordinary way of commerce or
otherwise--must be considered as the property of the Holy Office, and
was to be seized by the Holy Office, no matter into whose hands it
might meanwhile have passed.
Such a decree, as will be seen, was proving a serious hindrance to
trade; for it became unsafe to purchase anything from any one, since
should either party to the transaction subsequently be discovered to
have fallen into the sin of heresy prior to that transaction, the other
would be stripped of the acquired property, and might be subjected
to the entire loss. Moreover, as proceedings were taken against the
dead, and as there was no limit imposed upon the retrospection allowed
to inquisitors, no man could account himself safe from confiscations
incurred through the sin of some other from whom he or his forbears had
acquired the property.
The vagueness of this article urgently demanded amending, and this
was the purpose of Article IV of the “Instructions” of 1485. It
decreed that all contracts concluded before 1479 should be accounted
valid, although it might come to be discovered against either of the
contracting parties that he was guilty of heresy at the time of such
contract.
This is the only instance in which we find Torquemada promulgating a
decree to soften the rigour of any previous enactment, and it is very
clear that it is a decree dictated not by clemency but by expediency.
In the event of fraud, or of any one being a party to a fraud to abuse
the privilege conferred by this article, Torquemada provided that the
offender, if reconciled, should receive a hundred lashes and be branded
on the face with a hot iron; whilst, if not reconciled--even though
he should be a good Catholic--he must suffer confiscation of all his
property.[135]
To justify the punishment of branding on the face, the case of Cain
is urged as a proper precedent, and so modern a historian as Garcia
Rodrigo does not hesitate to put this seriously forward.[136]
Three years later--in 1488--Torquemada found it necessary to add a
further fifteen articles to his “Instructions,” and we may anticipate a
little by briefly surveying their provisions at this stage.
Complaints to Rome of the injustices and the excessive rigour
of the inquisitors--a constant feature of Torquemada’s
Grand-Inquisitorship--had by that time become so numerous that the Pope
found it necessary to order Torquemada to re-edit what Amador de los
Rios very aptly terms his “Code of Terror.”[137]
Public-domain text, read in full here on John Shaqi.
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