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
It marks a progressive improvement when, in time, it became customary,
on receiving a denunciation, to interrogate the informer whether he knew
if the accused was a drunkard or suffered from any mental disturbance
and, in instructions to commissioners in taking testimony, these
inquiries were directed always to be made. This was a praiseworthy
precaution, and the modern softening of temper produced a marked
improvement in the treatment of the insane. This is well exhibited in
1818, in the case of Pedro Benito Lobariñas, in which the Suprema
ordered the Santiago tribunal to treat him with especial kindness, and
to give him every comfort compatible with his safe-keeping. Confidential
persons, as well as the physicians, are to be admitted to him, who in
friendly talk could form an estimate of his mental condition, while
investigations were also to be made at his place of abode. Still, the
outcome of the case shows the conflict between humanity and extreme
dread of doctrinal error. His offence was simply some "propositions"
and, in view of his sanity in all else, and his experience as a garden
laborer, he was to be handed over to the gardener of some convent so
walled as to prevent his escape, and to forbid his speaking with any
one, so that he might have no chance to disseminate his heresies.[170]
As for the other pleas in abatement, such as intoxication, sudden anger,
thoughtlessness, ignorance, jocularity and the like, they could only be
advanced in minor cases, like blasphemy and propositions not involving
formal heresy. In such matters they were often alleged in extenuation
and were given more or less consideration, according to the temper of
the tribunal, the penalties, not infrequently, being moderated in
consequence.
* * * * *
Defence, when the accused denied the charge, was practically limited to
_tachas_ and _abonos_--the former being the disabling of witnesses by
proving enmity or other disability, the latter being the accumulation
of evidence to prove good character and assiduous religious observance.
The _interrogatorio de indirectas_, to secure testimony disproving or
explaining away specific accusations, was occasionally employed, and
sometimes flaws or contradictions in the incriminating evidence were
exposed, or an alibi might be proved when time and place were specified
in the publication, but these cases were exceptional. In the great mass
of trials on serious charges, no attempt at defence was made except by
_tachas_ and _abonos_. To the latter little attention was usually
vouchsafed, and the struggle, as a rule, was over the former.
[Sidenote: _EVIDENCE FOR THE DEFENCE_]
Public-domain text, read in full here on John Shaqi.
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