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 labor was doubtless great, when the witnesses were numerous and
loquacious, and the delicate duty was apt to be recklessly performed by
subordinates, fearful of rebuke if they allowed too much to be known.
The custom was to give the evidence of each witness separately, as
deposed by "a certain person" and, when practicable, to divide it up
into articles, each covering a separate charge or fact. In this process
the elimination of all circumstances that might give a clue to the
identity of the witnesses was easy, and there was little scruple in
misleading the defendant or in omitting whatever might be thought to
weaken the case. In the publication read to Marí Gómez la Sazeda, when
on trial at Toledo in 1544, the evidence of one witness is divided and
represented as given by two, with the object, as noted on the margin, of
preventing her from identifying him.[150] In the case of Gaspar de
Torralva, before the same tribunal in 1531, the publication bears such
notes as "the evidence of the seventh witness omitted," "the evidence of
the eighth witness omitted."[151] There was no possible supervision or
control over this; the discretion of the inquisitors was absolute and
the prisoner was at their mercy.
[Sidenote: _PUBLICATION OF EVIDENCE_]
In many cases the publication was scarce more than a slovenly repetition
of the fiscal's accusation and afforded to the accused no possible aid
in his defence, as in that given to Juan de la Barra, tried for
Lutheranism at Toledo, in 1656.[152] When it was drawn up more
elaborately, it became confusing in the highest degree. One reads the
long array of the assertions, or the conjectures, or the gossip retailed
by twenty-five or thirty witnesses, vaguely set forth as what a "certain
person" said or thought about another certain person, with no
specifications of time or place, and one wonders how the prisoner could
even grasp it sufficiently to form any definite conception of the
character and weight of the evidence against him. And, with his life
perhaps hanging in the balance, he was required to answer all this on
the spot, article by article, and was closely cross-examined on his
replies. That even an innocent man should compromise himself in the
pitfalls thus cunningly laid for him was not unlikely, and yet this
publication of evidence was represented as a special favor granted in
view of the other restrictions imposed on the defence--a favor not
always conceded in the secular courts.[153]
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