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
Simultaneously with the development of restrictions on the advocate, the
disappearance of the procurator completed the system of enabling the
inquisitor to control the defence as well as the prosecution. One of the
latest references to the procurator is a regulation of 1545, which
infers that, if the accused made application, the tribunal would grant
him one, with the reservation that this did not entitle the kindred to
aid in the defence.[137] This jealousy of outside assistance constantly
increased and some tribunals, such as Seville and Córdova, commenced to
refuse admission to procurators, except in prosecutions of the absent
and dead; the kindred might suggest the names of witnesses to the
inquisitor, who would summon and examine them. Finally Inquisitor
Cervantes, when in 1560 he made a report on Barcelona, took the
opportunity of pointing out the disadvantages of such representatives of
the accused; through them, he argued, the case became known, they
anticipate the witnesses before they give evidence, they are able to
identify them and furnish to the accused reasons for disabling them. The
Bishop of Avila, a member of the Suprema, promptly admitted the force of
this, and declared that procurators ought no longer to be allowed. This
opinion prevailed and, in the Instructions of 1561, their admission was
forbidden, although in case of necessity, special powers might be given
to the advocate.[138] They continued, however, to be appointed in trials
of the absent and dead, where it was unavoidable. The Roman Inquisition
did not follow this example of the Spanish and allowed the employment of
procurators.[139]
[Sidenote: _THE CURADOR_]
Public-domain text, read in full here on John Shaqi.
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