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
The fiscal was held to act wholly under orders from the inquisitors. In
the Instructions of 1484, they are represented as ordering him to accuse
the contumacy of fugitives and to denounce the dead against whom they
find evidence. So, in a trial of 1528, we find the inquisitors ordering
the fiscal to present his accusation against the defendant.[684] In
1561, among his duties was prescribed that of keeping the secreto clean
and in good order; he opened and closed its door with his own hands and,
in 1570, he was required to have all the multitudinous documents well
arranged, sewed, covered and so marked that they could readily be had
when wanted. The letters and instructions of the Suprema were placed in
his hands and it was his duty to give in writing to each official such
portion as applied to him. In 1632, there was added to his labors that
of furnishing the Suprema a monthly report embracing every pending case
with a summary of all that had been done in it since the beginning--a
duty apparently not relished for the order had to be repeated in
1639.[685] With all these somewhat multifarious duties, we never hear of
a fiscal having a clerk, assistant or deputy.
In 1582, it was prescribed that his seat in the audience-chamber was to
be smaller than those of the inquisitors, placed to one side and without
cushions. In public functions his chair was to be similar to theirs
except that it had no cushion. The inquisitors were required to address
him and the judge of confiscations as _merced_, and, when he entered,
they were not obliged to rise but merely to raise their caps.[686]
[Sidenote: _NOTARIES OR SECRETARIES_]
The position of the fiscal gradually improved. In his instructions of
1595 to Manrique de Lara, Philip II couples him with the inquisitor, in
requiring both to be in orders, and prescribes great care in the
appointment for it is customary to promote fiscals to the
inquisitorship. Similarly Philip III, in 1608, requires both offices to
be filled by jurists and when, in 1632 and 1637, the Suprema made holy
orders a condition it included fiscals with inquisitors.[687] The
assimilation between the offices was rapid and, in 1647, in a payment of
ayuda de costa in Valencia there occurs an item of thirty thousand
maravedís to Inquisitor Antonio de Ayala y Verganza, "por la plaza de
fiscal," showing that he was acting as fiscal.[688] The idea of
coalescence was becoming familiar. When, in 1658, Gregorio Cid, after
six years' service as inquisitor of Sardinia, was transferred to Cuenca,
he suggested that there ought to be there two inquisitors and a fiscal,
or at least that the junior inquisitor should serve also as fiscal.[689]
Public-domain text, read in full here on John Shaqi.
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