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
1705, a letter to Valencia asks why the visit had been neglected.[677]
[Sidenote: _THE FISCAL_]
When there were three inquisitors, the absence of one did not interfere
with current business, but where there were only two it was a serious
impediment. From the beginning the rule was absolute that two must act
conjointly in all important matters, such as sentencing to torture,
ordering publication of evidence, or rendering final sentence, and this
in both civil and criminal actions. Minor and trivial cases, however,
could be despatched by one in the absence of his colleague and he could
continue to hold audiences and gather testimony, while, in the habitual
leisurely transaction of inquisitorial business, procrastination caused
by the crippling of the tribunal for four months in every year was
evidently not regarded as of any moment.[678] In the little tribunal of
Majorca, however, which could support but a single inquisitor, he was
deemed competent to act by himself and he probably was excused from
visitations.[679]
* * * * *
Next in importance to the inquisitors stood the promoter fiscal, or
prosecuting officer. In the original Inquisition of the thirteenth
century there was no such officer; there was candor in the position of
the inquisitor as both judge and prosecutor, infinitely preferable to
the hypocrisy that the trial was an action between a prosecutor and an
accused with the inquisitor as an impartial judge. How this came to pass
will be considered hereafter.
We have seen that, even in the skeleton organization of the first
tribunal in 1480, a fiscal was deemed essential. He ranked next to the
inquisitors and, in 1484, it was ordered that he should assist in all
public functions, after the inquisitors and Ordinary but before the
judge of confiscations.[680] Yet he was a subordinate. In the regulation
of salaries in 1498, the inquisitors received 60,000 maravedís, the
receiver the same, while the fiscal was rated at 40,000, the same as the
notaries, and even the messenger had 20,000.[681] So, in the Sicilian
tribunal, in 1500, the inquisitors and receiver have 6000 sueldos, while
the fiscal and notaries have only 2500.[682] It was the same with the
ayuda de costa. In 1540 we find the fiscal allowed only the same as the
notaries and alguazil, and when, in 1557, the scale was fixed for
Saragossa, the fiscal was portioned with 1000 sueldos and the
inquisitors with 3000.[683]
Public-domain text, read in full here on John Shaqi.
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