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 procedure of the Inquisition was directed to procuring conviction
rather than justice, and in some respects it bore a resemblance to that
of the confessional. The guilt of the accused was assumed, and he was
treated as a sinner who was expected to seek salvation by unburdening
his conscience and contritely accepting whatever penance might in mercy
be imposed on him. Pressure of all kinds, mental and bodily, was
scientifically brought to bear upon him to induce confession, and his
refusal to confess, in the face of what was considered sufficient
evidence, was treated as hardened and pertinacious impenitence,
aggravating his guilt and rendering him worthy of the severest penalty.
The arrest, as we have seen, was preceded by careful preliminaries.
Evidence was accumulated, in some cases for years, and, when the accused
was thrown into the secret prison, he was to a great extent prejudged.
It was the business of the tribunal, while preserving outward forms of
justice, to bring about either confession or conviction; the defence was
limited and embarrassed in every way and, when the outcome of all this
was doubt, it was settled in the torture-chamber, always with the
reservation that, if suspicion remained, that in itself was a crime
deserving due punishment.
* * * * *
[Sidenote: _AUDIENCES_]
In the earliest period there were few formalities and no absolute
_estilo_, or recognized method of procedure. In the enormous work
crowded upon the inexperienced tribunals, the main object was the
despatch of business, and the success attained in this is seen in the
frequent and enormous autos de fe. The records of the trials are hasty
and imperfect, showing that little attention was paid to forms that
might cause delay. The Instructions of 1484 are crude, merely meant to
supplement the traditional system of inquisitorial procedure with such
regulations as should adapt it to the needs of the situation and to the
intentions of Ferdinand and Isabella. They are largely devoted to the
questions of confiscation and the fines accruing under the Edicts of
Grace and, for the rest, they conclude by saying that, as all
circumstances cannot be foreseen and provided for, everything is left to
the discretion of the inquisitors who, in all that is not especially
prescribed, must conform themselves to the law and act according to the
dictates of their consciences for the service of God and the
sovereigns.[102] The result of this discretion was that, in the assembly
of the inquisitors in 1488, a long debate was required to reach the
conclusion that there should be uniformity in the procedure and acts of
all the tribunals, the existing diversity having led to many
embarrassments.[103]
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