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
Yet, as though still more effectually to deprive the system of all
excuse, the confession obtained at such cost was practically admitted to
be in itself worthless. To legalize it, a ratification was required,
after an interval of at least twenty-four hours, to be freely made,
without threats and apart from the torture-chamber. This was essential
in all jurisdictions, and the formula in the Inquisition was to bring
the prisoner into the audience-chamber, where his confession was read to
him as it had been written down. He was asked whether it was true or
whether he had anything to add or to omit and, under his oath, he was
expected to declare that it was properly recorded, that he had no change
to make and that he ratified it, not through fear of torture, or from
any other cause, but solely because it was the truth. Such ratification
was required even when the confession was made on hearing the sentence
of torture read or when placed _in conspectu tormentorum_.[72] This was
customarily done on the afternoon of the next day, to allow the full
twenty-four hours to expire, but there was sometimes a longer interval.
Thus, in the case of Catalina Hernández, at Toledo, who confessed on
being stripped, July 13, 1541, it was not until the 27th that her
ratification was taken, the inquisitors explaining that press of
business had prevented it earlier.[73]
The declaration in the ratification, that it was not made through fear
of torture was a falsehood, for, in all jurisdictions, a retraction of
the confession called for a repetition of torment, and in fact we
sometimes find that when the confession was made the prisoner was warned
not to retract for, if he did so, the torture would be "continued."[74]
This was possibly to evade a singularly humane provision in the
Instructions of 1484, to the effect that, if the confession is ratified,
the accused is to be duly punished, but if he retracts, in view of the
infamy resulting from the trial, he is to abjure publicly the heresy of
which he is suspect and be subjected to such penance as the inquisitors
may compassionately assign. The mercy of this, however, is considerably
modified by a succeeding clause that it is not to deprive them of the
right to repeat the torture in cases where by law they can and ought to
do so.[75] Still, it was probably the first portion of the provision
that guided the Toledo tribunal, in 1528, in the case of Diego de Uceda,
on trial for Lutheranism. At the sight of the torture-chamber he broke
down and admitted all that the witnesses had testified, but could not
remember what it was. As this was evidently inspired by fear, the
torture went on when, at the first turn of the garrote, he inculpated
himself so eagerly that he was warned not to bear false-witness against
himself. He declared it to be the truth and was untied. Before he was
called upon to ratify, he asked for an audience in which he ascribed his
confession to fear and declared himself ready to die for the faith of
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