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
The endeavor to lay down rules for guidance as to this led to an
infinity of instructions, more or less rigid or lax. In 1498, the
Suprema called attention to the evils that had hitherto followed
publication, wherefore in future care must be taken to omit all
circumstances giving a clue to the identity of the witnesses, and this
was repeated in 1499.[147] Yet the glaring injustice of withholding from
the accused a knowledge of details that might enable him to disprove the
charges was recognized, but all instructions forbidding this were framed
with an "if" that virtually authorized the wrong. For instance, the
specification of time and place at which an act was said to have been
performed was indispensable, if the accused were to have a chance of
detecting false swearing, yet such details might possibly lead him to
identify the witness, and these opposing reasons gave rise to a series
of varying orders which indicate how the Suprema vacillated between the
desire to secure the advantage and the consciousness of the wrong. In
1525 it condemned the practice of the Toledo tribunal in omitting time
and place. It was difficult to make the inquisitors observe this and, in
1527, a general order was issued to state the evidence as the witnesses
had given it, neither more nor less. In 1530 it made a concession by
ordering that it should be consulted when there was "inconvenience" in
stating the month or year. Then, in 1532, it laid down the positive rule
that place and time and persons must be stated, for the principle that
the witness must be protected was to be construed as preventing only
direct recognition and not inferential. This was again modified, in
1537, when, while again ordering that all the evidence must be given,
this was qualified by the old injunction to suppress all circumstances
by which the witnesses could be identified. About 1560, some
instructions to Barcelona order that the time should be stated, while
place is to be indicated in such general terms as shall not betray the
witness. Finally, in the definitive Instructions of 1561, time and place
are ordered to be given, but at the same the omission is prescribed of
all that may betray the witness. A caution that no evidence is to be
used that is not in the publication gives a hint of other irregularities
of even a more serious nature.[148]
The publication being a matter of supreme importance, it was the duty of
the inquisitors personally to draw it up, and not entrust it to
subordinates, least of all to the fiscal, who was technically the
prosecutor. Orders to this effect were issued in 1529; they were
repeated in the Instructions of 1561 but, in 1568, the Suprema was
obliged to take the Barcelona tribunal to task for allowing the fiscal
to do it, and a later writer informs us that inquisitors continued to
shirk the labor and threw it upon the secretaries.[149]
Public-domain text, read in full here on John Shaqi.
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