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
Ratification, as we have seen, frequently caused considerable delay,
until the device was invented of ratifying at the time of deposition.
When the evidence was thus in proper shape, the next move was its
so-called publication. This might or might not be the final step of the
prosecution, for it never was precluded from bringing in new evidence,
and there might be half a dozen or more successive publications,
especially when a group of Judaizers were on trial and they broke down
one by one and told what they knew about their associates. The
effectiveness of this is illustrated by the case of Engracia Rodríguez
at Valladolid, in 1643. After her case had apparently reached its end,
the consulta de fe voted her to torture, which was duly administered,
without eliciting a confession. Then from time to time came new
publications of evidence, until her resolution gave way and, at the
seventh publication, eleven months after her torture, she confessed to
Judaism. She probably recognized that her kindred and friends were
yielding, one after another and incriminating her, and that it was
useless to resist longer, with the certainty--of which her advocate
doubtless informed her--that persistence would indubitably end in her
burning alive as an impenitent _negativa_.[146]
As this publication of evidence was the only inkling afforded to the
accused of what was the case against him, and as it was assumed to give
him ample opportunity of defence, it is worth a little special
consideration. We have seen that the pretext of protecting witnesses was
held as justifying the suppression of their names and of all
circumstances that might lead to their identification. Even under the
most rigid construction, this crippled greatly the defence, but rigid
construction of their powers was not common among the tribunals. When
once it was admitted that portions of the evidence could lawfully be
suppressed, the selection of what should be made known became largely
discretional.
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