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
After this ordeal was passed the advocate was called in and furnished
with the publication and the answers of the accused. The two conferred
together, under the eye of the inquisitor and pen of the secretary; if
the accused rejected the renewed advice of the advocate to confess and
discharge his conscience, the plan of defence was concerted. What this
was, as a rule, made little difference. When, in 1499, the
inquisitors-general felt it necessary to instruct inquisitors that they
must pay attention to the defences and exceptions alleged by the
accused, it indicates how they were recognized as prosecutors rather
than judges. Yet it was freely admitted that, in view of the limitations
of the defence, they should be most zealous in considering whatever it
presented.[154]
The defence was so perfunctory a routine that the systematic writers
mostly dismiss it with the curt observation that its witnesses must be
zealous Christians and in no way connected with the defendant. Simancas,
however, treats it at greater length, and his enumeration of its
possibilities shows how restricted they were. He admits at the start the
legal maxim that it is impossible to prove a negative, which was
virtually, in most cases, the task imposed on the accused. Then he
proceeds to define what the defendant can do. He can call on witnesses
to prove his religious character or to disable for enmity the opposing
witnesses, or to show that at a certain time or place he did not say
what was attributed to him. Then there are general pleas in abatement,
extreme youth, second childishness, insanity, drunkenness, thoughtless
speech, ignorance, jocularity, the pressure of fear under threats, or
intense grief. Or he may recuse the judge, which should be referred to
the Suprema and not to arbiters, who cause much delay.[155]
[Sidenote: _THE DEFENCE--RECUSATION_]
Public-domain text, read in full here on John Shaqi.
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