A History of the Inquisition of Spain; vol. 1Lea, Henry Charles
History
A History of the Inquisition of Spain; vol. 1
Lea, Henry Charles
Inquisition -- Spain
The next move by Sixtus was the issue, April 18, 1482, of the most
extraordinary bull in the history of the Inquisition--extraordinary
because, for the first time, heresy was declared to be, like any other
crime, entitled to a fair trial and simple justice. We shall have
abundant opportunity to see hereafter how the inquisitorial system,
observed since its foundation in the thirteenth century, presumed the
guilt of the accused on any kind of so-called evidence and was solely
framed to extort a confession by depriving him of the legitimate means
of defence and by the free use of torture. It was also an invariable
rule that sacramental confession of heresy was good only in the forum of
conscience and was no bar to subsequent prosecution. There was brazen
assurance therefore in Sixtus's complaining that, for some time, the
inquisitors of Aragon had been moved not by zeal for the faith but by
cupidity; that many faithful Christians, on the evidence of slaves,
enemies and unfit witnesses, without legitimate proofs, had been thrust
into secular prisons, tortured and condemned as heretics their property
confiscated and their persons relaxed to the secular arm for execution.
In view of the numerous complaints reaching him of this, he ordered that
in future the episcopal vicars should in all cases be called in to act
with the inquisitors; that the names and evidence of accusers and
witnesses should be communicated to the accused, who should be allowed
counsel and that the evidence for the defence and all legitimate
exceptions should be freely admitted; that imprisonment should be in the
episcopal gaols; that for all oppression there should be free appeal to
the Holy See, with suspension of proceedings, under pain of
excommunication removable only by the pope. Moreover, all who had been
guilty of heresy should be permitted to confess secretly to the
inquisitors or episcopal officials, who were required to hear them
promptly and confer absolution, good in both the forum of conscience and
that of justice, without abjuration, on their accepting secret penance,
after which they could no longer be prosecuted for any previous acts, a
certificate being given to them in which the sins confessed were not to
be mentioned, nor were they to be vexed or molested thereafter in any
way--and all this under similar pain of excommunication. The bull was
ordered to be read in all churches and the names of those incurring
censure under it were to be published and the censures enforced if
necessary by invocation of the secular arm; while finally all
proceedings in contravention of these provisions were declared to be
null and void, all exceptions from excommunication were withdrawn and
all conflicting papal decrees were set aside.[616] It is evident that
the Conversos had a hand in framing this measure and they could scarce
have asked for anything more favorable. In fact Ferdinand in December,
1482, writes to Luis Cabanilles, Governor of Valencìa, that he learns
Public-domain text, read in full here on John Shaqi.
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