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
When the efforts of counsel in behalf of their clients were thus
effectually discouraged, nothing but the most perfunctory services could
be expected from them, and the inquisitors need apprehend little
trouble. Even this, however, was thought to give the accused too much
chance, and all risk of inconvenient zeal was averted by depriving him
of the right to select his defender and confining the function to one or
two appointees of the tribunal, who could be relied upon to favor the
faith. The first intimation of this policy comes in the memorials of
Jaen and Llerena in 1506, which complain bitterly that the inquisitors
refuse to allow the accused to select their advocates and procurators,
forcing them to take such as they appoint who will do their bidding. The
Jaen memorial describes them as enemies of the people, who desire
arrests to be multiplied, as they charge three thousand maravedís in
every case which, for the two hundred prisoners, amounts to six hundred
thousand.[120] This abuse, probably originating with Lucero, was so
conformable to the tendencies of the Holy Office that it gradually
became the rule. In 1533, one of the petitions of the Córtes of Monzon
was that prisoners should be allowed to select their advocates and
procurators, and to this no direct answer was made.[121] In 1537 the
_abogados de los presos_ were already recognized as officials appointed
by the tribunals. They were exclusively entitled to conduct the defence
and, in 1540, the Suprema, in reply to a petition, said that, if the
party desired a different advocate, it could only be on condition that
he should act in consultation with the official one. Even this poor
privilege was withdrawn for, in 1562, Valdés decreed that the official
counsel should communicate with no other advocate.[122] It is true that,
in 1551, the Suprema had admitted that, if the tribunal had not been
able to find a fitting lawyer for appointment, the accused could select
one, but this was merely yielding to necessity.[123]
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