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
Insanity was of much greater moment. The insane were recognized as
irresponsible and were sent to hospitals. It was not infrequently
pleaded, and the tribunals were constantly on the watch to protect
themselves against deception, yet it was long before definite rules were
adopted with regard to the matter. In the enlightened view taken by the
Inquisition regarding witchcraft, instructions of 1537 indicate a
disposition to regard reputed witches as insane; whenever the
inquisitors considered this to be the case, all acts and words leading
to such conclusion were to be scrupulously detailed in the records.
Barcelona at the time had on hand a witch named Juana Rosquells, whom
the physician and consultors considered to be out of her mind; not
knowing what to do they referred to the Suprema, which ordered her
discharge and somewhat inconsistently required her to be put under
bail.[161] Even more tentative was the case of Toledo, in 1541, of Juan
García, a day-laborer, favored with revelations of the wildest kind. In
his audiences he replied unintelligibly to the questions asked and, when
the case came before the consulta de fe, it summoned him and asked
whether he would take a hundred lashes or confinement in a hospital. He
very sensibly declined both, and the session terminated with a vote that
his sanity be investigated. This was done in the most superficial way,
the consulta de fe when reassembled voted to acquit him, with a warning
that if he persisted in his wild talk he should have a hundred lashes,
whether insane or not. He was accordingly told to be gone in God's
name.[162]
There evidently was as yet no method prescribed for dealing with such
cases and it is somewhat remarkable that the Instructions of 1561 allude
only to those, by no means infrequent, in which prisoners became
demented during trial, and in these it is only ordered that they be
provided with a curador, which infers that the trial was to be
continued.[163] In conformity with this, at Granada, in 1665, a prisoner
who had become insane after confessing, was furnished with a curador
under whose auspices the case was carried to conclusion. He was
condemned as a heretic and his property was confiscated; as he had
confessed and begged for mercy while still in his senses, he was
absolved from censures so that he might enjoy the suffrages of the
Church, while as to the penances requiring sanity for their performance,
such as reconciliation, abjuration, exile, etc., their determination was
postponed till he should regain his reason.[164] When madness occurred
after conviction and sentence, Peña tells us that the execution should
be postponed until the reason is restored, for perhaps the culprit may
repent and he is sufficiently punished by the madness. Even when it is
feigned this should be done, for it is a less evil that the crime should
be unpunished than to destroy his soul by putting him to death
impenitent. In any event confiscation is to be enforced.[165]
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