A History of the Inquisition of Spain; vol. 3Lea, Henry Charles
History
A History of the Inquisition of Spain; vol. 3
Lea, Henry Charles
Inquisition -- Spain
In the project presented to Charles V, in 1520, by the Conversos, with
the object of rendering the inquisitorial process less effective, there
was included a modification of compurgation in such wise as to
facilitate escape.[311] Of course no attention was paid to this, but
that some alteration of the process was required by justice is manifest
from one or two minor reforms soon afterwards. In 1523 it was ordered
that the fiscal should not be present after the compurgators were sworn,
which is suggestive of his influencing them adversely. Still more
essential was a regulation of 1529, forbidding those who had testified
against the accused from serving as his compurgators.[312] Apparently it
was one of the results of suppressing the names of witnesses that the
poor wretch, in his ignorance, would sometimes call upon those to save
him who had been procuring his destruction, and the inquisitors had not
sufficient sense of justice to exclude them, although they had power to
refuse admission to any one supposed to be friendly to him. There was
also a favorable modification of the ancient practice requiring
unanimity on the part of the conjurators, for Simancas tells us that the
inquisitors, when specifying the number to act, could also designate how
many defections would be allowed without prejudicing the result.[313]
Yet by the middle of the century, when Simancas wrote, compurgation was
becoming obsolete. He denounces it as blind, perilous and deceitful, and
says that it especially should not be forced upon those of Jewish or
Moorish descent, for it is equivalent to sending them on the direct road
to the stake, since no one could help thinking ill of them, or at least
doubting their innocence. Besides, nearly all men are now so corrupt,
and Christian charity is so cold, that scarce any one can be found who
will purge another, or who will not have an evil suspicion and interpret
matters for the worst. To defeat the accused it suffices for the
conjurators to say that they do not know, or that they doubt whether he
has told the truth, and who is there who will not feel uncertain when he
knows that no one is exposed to purgation unless he is vehemently
suspected.[314]
This is echoed by the Instructions of 1561, which indicate how
compurgation was passing out of use by the brief allusion vouchsafed to
it. It is to be performed in accordance with the Instructions, with such
number of compurgators as the consulta de fe may prescribe, but
inquisitors must bear in mind that the malice of men at the present time
renders it perilous, that it is not much in use, and that it must be
employed with the utmost caution.[315]
Public-domain text, read in full here on John Shaqi.
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