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
There was another form of assistance allowed to the accused, when the
questions at issue involved nice theological points, beyond the capacity
of the ordinary advocates. Learned doctors were called in as _patrones
teólogos_, to aid the accused, after he had been heard in defence of his
incriminated propositions. In ordinary practice, the propositions and
his answers were read to them; to each one they said whether he had
satisfactorily explained it or not; or whether he ought to retract, or
whatever other conclusion they might reach; then the whole was submitted
to the calificadores, who pronounced their final censure.[143] Nominally
the patrones were selected by the accused but in this, as in everything
else, the Inquisition sought to control the defence. When, in 1574, Fray
Luis de Leon was told that he could have patrones, he named four from
various places. The Valladolid tribunal referred the nominations to the
Suprema, which replied by asking whom it was accustomed to give from
among its calificadores and, on being informed, ordered that the routine
custom should be followed. Fray Luis's protest that he did not want
calificadores, who had already pronounced against him, was set aside;
patrones were not meant to defend the accused in his heresies, but to
undeceive him and tell him what he should believe. It is true that the
Suprema finally receded from this position but, by a juggle continued
for months, Fray Luis was forced to take a man whom he did not want, and
who was only a new and disguised calificador; conference between them
was denied, and the opinion which the patron rendered was withheld from
him.[144] The wisest course for a theologian, in the hands of the
Inquisition, was that adopted by Fray Thomas de Nieba, in 1642, when on
trial at Valladolid for certain conclusions defended by him in
scholastic debate. He refused both advocate and patrones, saying that he
was subject to correction by the Church and by learned theologians, and
he did not propose to defend the inculpated propositions.[145]
* * * * *
[Sidenote: _PUBLICATION OF EVIDENCE_]
We have seen that, after the accusation was read and answered, the
prisoner was told to choose an advocate. Possibly two names were
mentioned to him, both equally unknown; more often only a single name.
He was not at liberty to refuse and, on his giving assent, the advocate,
who had been kept in readiness in the antechamber, was called in. The
proceedings up to that point were read to him, and he at once performed
the duty of urging his client to confess. Whether successful or not in
this, he stated that the next thing in order was to conclude; the fiscal
was called in, who similarly announced that he concluded, and the
inquisitors notified both parties of the conclusion. These formalities
being over, the case was formally received to proof. The fiscal asked
that his witnesses be ratified and publication of evidence be made.
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