It was no secret within the Holy Office that this discretional power was to be exercised, not in accordance with the merits of the case, but with the needs of the Inquisition.
When they resided at a distance, it was discretional either to have them examined by a commissioner, appointed ad hoc, or to make them appear in person.
In the secrecy of the tribunals there was thus nothing to prevent the exercise of discretionalpower to oppress the innocent as well as to punish the guilty.
Occasional instances are met in which confiscation was spared on account of the extreme youth of the penitent, but I have been unable to find any formal rule to that effect and it seems to have been discretionalwith the tribunal.
Mercy was carried even further for, if ignorance was alleged with probable justification, the accused was not tortured nor condemned as a heretic, but abjured de levi, with discretional penalties.
