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
burnt, he weakened. He confessed as to himself and others and his
sentence was modified to reconciliation and the galleys, while good use
was made of his revelations against thirty of his accomplices.[36]
[Sidenote: _NO EXEMPTIONS_]
The torture of witnesses who were not themselves under trial was
permitted when they varied or retracted, or so contradicted other
witnesses that it was deemed necessary thus to ascertain the truth; but
whether clerical witnesses could be so treated was a subject of debate.
As a rule torture in such cases was directed to be moderate, neither
light nor excessive, but when testimony was revoked it could be repeated
up to three inflictions.[37] As we have seen above (Vol. II, p. 537)
slaves testifying in the cases of their masters could always be tortured
if necessary to confirm their evidence. In the prosecution of Juan de la
Caballería, in 1488, as accessory to the murder of San Pedro Arbués, his
slave-girl Lucía gave compromising evidence which she was persuaded to
retract, with the result that she was twice tortured and confirmed
it.[38]
* * * * *
Like _majestas_, in heresy there were no privileged classes exempt from
torture. Nobles were subject to it and so were ecclesiastics of all
ranks, but the latter were to be tortured less severely than laymen,
unless the case was very grave, and they were entitled to a clerical
torturer if one could be found to perform the office. As in their
arrest, so in torture the sentence, by a carta acordada of 1633, had to
be submitted to the Suprema for confirmation.[39]
As regards age, there seems to have been none that conferred exemption.
Llorente, indeed, in describing a case in which a woman of ninety was
tortured at Cuenca, says that this was contrary to the orders of the
Suprema which prescribed that the aged should only be placed _in
conspectu tormentorum_,[40] but I have never met with such a rule. In
1540 the Suprema ordered that consideration should be given to the
quality and age of the accused and, if advisable, the torture should be
very moderate, while the Instructions of 1561, which are very full,
impose no limit of age and leave everything to the discretion of the
tribunal.[41] Cases are by no means infrequent in which age combined
with infirmity is given as a reason for omitting torture or inflicting
it with moderation, but age alone offered no exemption. At a Toledo auto
de fe we find Isabel Canese, aged seventy-eight, who promptly confessed
before the torture had proceeded very far, and Isabel de Jaen, aged
eighty who, at the fifth turn of the cords fainted and was revived with
difficulty.[42] In 1607, at Valencia, Jaime Chuleyla, aged seventy-six,
after confessing certain matters, was accused by a new witness of being
an alfaquí; this he denied and was duly tortured.[43]
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