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 custom of allowing counsel in criminal cases is so comparatively
recent in English law that their admission by the Inquisition may be
regarded as an evidence of desire to render justice. In Spain, however,
it was customary, and defendants too poor to retain them were supplied
at the public expense. In the royal chancellería, as organized by
Ferdinand and Isabella, there were two _abogados de los pobres_.[112] In
the medieval Inquisition, during its earlier centuries, counsel were not
allowed to the accused and it became a settled principle of the canon
law that advocates who undertook the defence of heretics were suspended
from their functions and were perpetually infamous.[113] Towards the
close of the fifteenth century, however, in witchcraft trials, we find
advocates admitted, but under the strict limitations that we shall see
in Spain, and those who showed themselves too zealous in defence of
their clients were subject to excommunication as fautors of heresy.[114]
When the Spanish Inquisition was founded, it was therefore a matter of
course that the accused should be allowed the assistance of trained
lawyers and not only this but of procurators, who attended to the
business of the defence, performing the functions, in some sort, of the
English solicitor, while the _letrado_ represented the barrister and
drew up the argument. In a number of trials at Ciudad Real, in 1483,
there appears to have been considerable freedom of choice, the accused
selecting both advocates and procurators. During the persecution at
Guadalupe, in 1485, the defendants were mostly represented by Doctor de
Villaescusa as advocate and by Juan de Texeda as procurator, and the
arguments in defence were well and forcibly presented.[115] This was in
accordance with the Instructions of 1484, which order that if the
accused shall ask for an advocate and procurator, the inquisitors shall
grant the request, receiving from the advocate an oath to assist him
faithfully, without cavils or malicious delays, but that if, at any
stage of the case, he finds that his client has not justice on his side,
he will help him no longer and report to the inquisitors; if the accused
has property, they shall be paid from it, but if he has none they shall
be paid out of other confiscations, for such are the orders of the
sovereigns.[116] Yet this liberality was nullified by the clause
requiring advocates to betray their clients, thus destroying all
confidence between them and fatally crippling the defence. It was,
however, in accordance with the ethics of the age, and we shall see how
it developed in a manner to render illusory the services of the
advocate.
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