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
The _diminuto_, whose confession did not cover all the adverse evidence,
was, according to rule, to be tortured in order to account for the
deficiency. If he endured without further admission, he was to be
punished on the basis of what he had confessed, but if he did not thus
purge the evidence, he was to be sent to the galleys. This was sometimes
done in mere surplusage, apparently to gratify the curiosity of the
tribunal, as in the Toledo case of Antonio de Andrada, in 1585, who
confessed what was amply sufficient for his punishment, but, as there
were some omissions, was tortured to elucidate them. In the seventeenth
century, however, we are assured that there was much caution used in
torturing diminutos, and that it was not done unless the omitted matters
were such as to call for relaxation. If they concerned accomplices,
however, whom the culprit was suspected of shielding, he was tortured
_in caput alienum_. Retraction or vacillation of confession necessarily
required torture to reconcile the contradiction; this occurred chiefly
with timid persons, frightened by the demand of the fiscal for torture,
and thus led to make admissions which they subsequently recalled, thus
bringing upon themselves what they had sought to avoid.[30] The question
of intention, in the performance of acts in themselves indifferent, was,
as we have seen, the frequent occasion of torture, as there was no other
means known to the jurisprudence of the period, which was bent on
ascertaining the secrets of the offender's mind.
[Sidenote: _WITNESSES_]
Yet it is possible that in some cases, when torture appears to be pure
surplusage, there may have been the kindly intention of contributing to
the salvation of the sufferer, by inducing or confirming his conversion;
for habitual persecution for the greater glory of God induced a state of
mind precluding all rational intellectual processes, where the faith was
concerned. Thus Rojas tells us that there should be no hesitation in the
use of torture, when the salvation of the culprit's soul was involved,
so that he might be reconciled to the Church and undergo penance through
which he might be saved.[31] This reasoning was urged in the case of
Réné Perrault, in 1624, by some of the consultores of the tribunal of
Toledo. His crime of maltreating the Host was public and unquestionable,
but he had varied in his statements as to his faith; the consulta de fe
was unanimous in ordering torture to discover possible accomplices, but
some of the members desired a special additional torture in order to
confirm him in the faith and save his soul.[32]
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