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
Conducted after this fashion it is easy to understand why compurgation
should be characterized as blind and perilous. The accused had to make
his selection blindly, and the qualifications required of conjurators
almost insured their unfavorable opinion, at a time when the operations
of the Inquisition had caused every man to look upon his neighbor with
suspicion, especially when that neighbor was one whom the tribunal
required to undergo compurgation. Yet, although the Inquisition thus
risked little in subjecting doubtful cases to it, there was ample reason
for allowing it to fall into desuetude. Secrecy had become a cardinal
principle in all inquisitorial proceedings and it was violated by
calling in a dozen laymen to see the prisoner, to hear the charges
against him and to participate in the judgement to be passed upon him.
Besides, it was an acknowledgement that there were cases in which the
assumed omniscience and infallibility of the Holy Office were at fault,
and had to be supplemented by the random opinions of a few men selected
by the accused. As practised for centuries in the ecclesiastical courts,
it had been an easy method for the guilty to escape merited
chastisement; as modified by the Inquisition, it became a pitfall for
the innocent; it was wholly at variance with the inquisitorial process
as developed in Spain and, while its place in the canon law prevented
its formal abolition, the tribunals had exclusive discretion as to its
employment, and that discretion was used to render it obsolete. Still,
it maintained its place as a legal form of procedure. Even as late as
1645, among the interrogatories provided for a visitation, the question
was still retained as to whether the forms of the Instructions were
observed in canonical compurgation, although a writer of the same period
tells us that it is not to be employed because, if the accused overcomes
sufficient torture, he is to be discharged.[317]
In the Roman Inquisition we find compurgation ordered as late as 1590,
in the case of a priest of Piacenza, accused of certain heretical
propositions; the compurgators were to be five beneficed priests of good
character and acquainted with the life of the accused. If the purgation
was successful he was to be proclaimed of good repute as to the faith,
and was to perform salutary penance for the imprudence of his
utterances.[318] By the middle of the seventeenth century, however,
Carena tells us that it had been virtually disused by the Congregation,
as most perilous, fallacious and uncertain.[319]
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