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
If, even under these shackles, an advocate desired really to defend his
client, he was deprived of the means to do so. Originally, as we have
seen, the kindred and children were allowed freely to communicate with
him, to furnish indispensable assistance and information, and to gather
witnesses, and he was also supplied with copies of the depositions of
the witnesses and other necessary papers. It seems to have been Lucero,
the evil inquisitor of Córdova, who changed all this, for the memorials
of Jaen and Llerena complain bitterly of such denial of justice,
rendering nugatory all the means of defence, and depriving the kindred
of all knowledge of the nature of the accusation.[132] It expedited
business however and facilitated conviction, and its usefulness overcame
all scruples. In 1522 Cardinal Adrian forbade all communication between
the advocate and the children or kinsmen of the accused, and this
prohibition was repeated until it became the invariable rule. In the
same spirit, the only document, that he was allowed to have, was a copy
of the publication of evidence, which was a very different thing from
the original depositions. To repress all initiative on his part he was
prohibited from putting forward any defence save what the accused might
suggest, in their open consultations in the audience-chamber, or to call
for any witnesses whom the latter did not name, and the inquisitors were
instructed to punish any infractions of this rule because they were
troublesome and impeded the course of business.[133] If an advocate was
suspected of undue zeal, the inquisitors had a right to interrogate him
as to the measures taken for the defence, the sources of his information
and other details; the defence in every way was obliged to play _cartes
sur table_, while the fiscal's hand was carefully guarded, and only such
knowledge was permitted as served to confuse and mislead. It would seem
scarce likely, under such regulations, that advocates would be guilty of
really assisting their clients, but to guard against such possible
derelictions of duty, inspectors were ordered, when visiting tribunals,
to inquire whether they defend the accused "maliciously" and employ
cavils for delay and finally, whether or not they are necessary.[134]
At the same time, in its affectation of fairness, the Inquisition
insisted on the accused having counsel. When, in 1565, Pedro Hernández
was tried at Toledo for Calvinism, he confessed at once, professed
conversion and begged for mercy. When told to select an advocate he
refused, until informed that it was imperative for him to have one to
conduct his defence. Of course this was a mere formality for he was duly
burnt in the auto de fe of June 17th.[135] Inquisitors, moreover, were
required to admit all documents offered to them, and to listen to any
one who might have the hardihood to appear in favor of a prisoner.[136]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account