A History of the Inquisition of Spain; vol. 2Lea, Henry Charles
History
A History of the Inquisition of Spain; vol. 2
Lea, Henry Charles
Inquisition -- Spain
In considering the personnel of the tribunal, we may dismiss the
assessor with a few words. Such an official was unknown in the Old
Inquisition, but we have seen that, when the first inquisitors were sent
to Seville, they were accompanied by an assessor, and such a functionary
continued for some time to be considered a necessary adjunct to a
tribunal. At the beginning the inquisitors were Dominican friars,
presumably good theologians but unversed in the intricacies of the law.
It was therefore desirable to associate with them a lawyer as a guide,
and his presence moreover might serve as an assurance to the people of
the legality of the proceedings. In Torquemada's instructions of 1485 it
is provided that they must always act in concert and that anything done
by one without the other was invalid; even communications to the Suprema
must be signed by both.[640] In the trials of this period we sometimes
find the assessor sitting with the inquisitors and sometimes not, and
the sentences are rendered by the latter with the concurrence of the
former.[641] In the secular law of the period, the assessor had only a
consultative and not a decisive vote, and this would appear to be his
position in the tribunal, when the routine of the Inquisition had
established its own precedents, when all doubtful questions were decided
by the Suprema and the services of trained lawyers were no longer
required.[642] In the early time their salaries were the same as those
of the inquisitors--indeed, at Saragossa, in 1486, Martin Martínez, the
assessor, receives five thousand sueldos while the inquisitors are rated
at four thousand.[643] It was not long, however, before it apparently
became indifferent whether there was an assessor or not. In 1499, the
salary lists of Seville, of Burgos and of Palencia have no mention of
such an official, while there is one at Saragossa and, in 1500,
Ferdinand empowers the inquisitor of Sardinia to select for his assessor
any doctor he pleases.[644] The office continued to exist for a time, as
a kind of supernumerary, employed in hearing the civil cases of
officials but, in the Aragonese Concordia of 1568, this duty was placed
on the inquisitors and the assessorship was abolished. In Castile, the
list of officials, promulgated in the same year by Philip II, as
entitled to exemption from taxation, makes no mention of the assessor,
who may be assumed by this time to disappear.[645]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account