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
In fact, the so-called advocate was simply an official instrument for
securing confession and conviction, for which his ostensible position of
friendly adviser gave him peculiar opportunity. No communication between
him and his client was allowed, except in presence of the inquisitors
and of the secretary, who made record of all that passed between them,
thus keeping watch to see that he performed his duty. It is true that he
was sworn to defend the prisoner with all care and diligence and
fidelity, if there was ground for it, and if not to undeceive him, but
his real duty is described as urging the prisoner to confess fully as to
himself and others, and to throw himself upon the mercy of the tribunal,
for by denial he would only prejudice his case and suffer in the
end.[128] How any deviation from this was treated, appears in the case
of Benito Ferrer, in 1621, before the Toledo tribunal. In the
consultation, his advocate Argendona suggested some points of defence
displeasing to the inquisitors, who promptly ordered him out of the
audience-chamber and sent Benito back to his cell to refresh his memory
and discharge his conscience, and two days later Argendona had to put in
the written defence without further opportunity of conference. The
Licentiate Egas had a more accurate conception of his duty, when serving
as advocate for Isabel Reynier, tried, in 1571, for Protestantism in
Toledo. The official record states that, after unavailing efforts to
induce her to confess, he asked whether she had any enemies to disable,
on which he could frame a defence, when she named several, but, as the
Señores Inquisidores wanted to despatch the case, he told her that this
would avail her nothing, for there was no presumption that enmity had
caused false-witness, and he went on to persuade her that she had
already confessed enough to render her case hopeless. The impatience of
the inquisitors was gratified, for the unfortunate woman was sent to the
stake without Egas troubling them by putting in a written defence.[129]
The old rule remained in force forbidding the advocate to defend an
impenitent heretic. It made no difference of course in the result, but
still permission to do so would have saved appearances. Such cases
occasionally occurred, like that of Benito Peñas at Toledo in 1641, a
harmless lunatic with some vague speculative heresies. His advocate,
Juan Díaz Suelto, after a conference in which his client obstinately
rejected his advice to forsake his errors and beg for mercy, reported
that his efforts had been in vain, so that it was necessary for him to
abandon the defence, in order not to incur the censures and other
penalties imposed by the papal briefs, and also for the speedier
despatch of the case.[130] Even as late as 1753, at Valencia, the same
occurred in the trial of a swindling German named Horstmann.[131]
[Sidenote: _PROCURATORS NOT ADMITTED_]
Public-domain text, read in full here on John Shaqi.
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