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 the medieval Inquisition all sentences were agreed upon in an
assembly of experts summoned for the purpose by the inquisitors, prior
to holding the auto de fe in which the sentences were executed. This
custom was naturally followed in Spain, and these _consultas de fe_, as
they were called, will be considered hereafter when treating of the
conduct of trials. At present we have merely to consider the
_consultores_ who assisted the inquisitors in passing judgement.
At first they had no permanent connection with the Inquisition. The
inquisitors had an unlimited power of summoning all persons in whatever
capacity, but sometimes it was not easy to obtain the services of
competent men, especially when migratory tribunals were sitting in
places where jurists were few, and the Instructions of 1488, in response
to complaints on this score, tell inquisitors in such cases to send the
papers to the Suprema which will decide on them.[772] At this time the
inquisitors were theologians and, to supplement their lack of legal
knowledge, it was customary to call in lawyers; the incongruity of
laymen sitting in judgement on matters of faith was waived, and they
were freely employed, the inquisitors summoning such doctors and
maestros and licenciados and bachilleres as they saw fit, who served
without pay and might never be called in again.[773] In 1502 the
Barcelona tribunal complained that it sometimes had difficulty in
securing the services of the lawyers of the Audiencia, whereupon
Ferdinand wrote to his lieutenant-general that, as it is a work of God
and the service is required only two or three times a year, he must see
that the inquisitors get them whenever they are wanted.[774] In 1515 the
same trouble showed itself at Valladolid, where the inquisitors were in
the habit of calling in the judges of the high court, who endeavored to
evade the duty by alleging certain royal cédulas, prohibiting their
engaging in other functions than those of their office. Ferdinand was
appealed to and promptly ordered them to serve when called upon, but
they were not to be obliged to absent themselves from court, during the
hours of its sessions.[775] Apparently there was no eagerness to perform
gratuitous service which brought with it no privileges.
[Sidenote: _CONSULTORES_]
Public-domain text, read in full here on John Shaqi.
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