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
Very merciful in its terms is Article IV, which sets forth that in
proceedings against the dead the inquisitors must absolve promptly
where complete proof of crime is not forthcoming, and not delay in the
hope of obtaining further proof, as legal delays are very injurious to
the children, who are unable to contract marriage whilst such matters
are _sub judice_. But it comes a little late in the day. It comes when
the great harvest from the wealthy dead has been safely garnered.
Besides, no conditions imposed could mitigate the horrible rigour
of the enactment to exhume and burn the bones of the dead together
with their effigies, and to reduce the children or grandchildren to
destitution and infamy, even when the person convicted was known to
have died penitent and comforted by the sacraments of the Church--in
consequence of which, by their own Faith, the inquisitors believed him
to be saved.
Article V provides that when the tribunal shall be short of money for
salary, no further pecuniary penances be imposed than would be the case
if the court had funds in hand.
Conceive, if you can, the notions of equity prevailing in a tribunal
which needed to have it decreed that fines were to be governed by the
offence committed, and not by the court’s need of money at the time!
Similarly illumining is Article VI, which sets forth that imprisonment
or other corporal penances must not be commuted to fines, and that only
the inquisitors-general shall have power to dispense an offender from
wearing the _sanbenito_ and to rehabilitate the children of heretics so
that they shall have liberty in the matters of apparel and employment.
As Llorente points out,[264] the very existence of this decree shows
of what abuses of power the inquisitors were guilty for the purpose of
increasing their already considerable profit.
Article VII is thoroughly imbued with the inquisitorial spirit of
mercilessness. It warns inquisitors to be cautious in the matter of
admitting to reconciliation those who confess their fault after arrest,
since, considering how many years have passed since the institution
of the Inquisition, the contumacy of such offenders may be taken as
established.
On the subject of Article VIII, which enjoins inquisitors to punish
false witnesses with public pains, Llorente is particularly interesting
in a commentary:
“Properly to understand this article, it is necessary to realize that
there were two ways of being a false witness: one by calumniating,
another by denying knowledge of heretical words or deeds upon which
a person might be questioned in the course of proceedings against an
accused. I have seen many records of proceedings against those of this
second class, but very rarely (_rarissima vez_) any against those of
the first. Nor could it be easy to prove that a calumniator has borne
false witness, for the unfortunate accused would have to guess his
identity, and though he were to guess correctly the court would not
admit it.”[265]
Public-domain text, read in full here on John Shaqi.
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