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
In this the defence was heavily handicapped by the suppression of
witnesses' names and the garbling of evidence in the publication to
protect them from recognition. While occasionally the accused could
identify one or two, in general he could only grope blindly and indicate
persons with whom he had quarrelled, in the desperate hope that they
might chance to be those who had given damaging testimony. Slender as
was the prospect of accomplishing this, it was rendered additionally
difficult by the obstructions placed in the way of his obtaining and
presenting his evidence. He was permitted only to furnish the names of
those whom he suspected, with a list of the witnesses on whom he relied
to prove enmity and a series of questions to be put to the latter who,
during the years of his incarceration might have died or disappeared. We
have seen how rigid were the qualifications exacted of witnesses for the
defence, so that the inquisitor exercised his discretion as to whom he
would admit, nor was he bound to put any interrogations which he deemed
irrelevant, or of which he disapproved--indeed, it was held to be the
duty of the inquisitor to expurgate the interrogatories and if, in those
of _tachas_, there was anything affecting the reputation of a married
woman, or the limpieza of a family, it was to be struck out.[171] The
whole matter was absolutely in his hands and he could even refuse to
admit the prisoner to any defence, as in the case of Martin de Jaen, a
Morisco, burnt in the Toledo auto de fe of 1606, or Manuel de Mesones,
penanced in that of 1610, on the ground that what they asked for was
unnecessary or irrelevant.[172] When defence was permitted, neither the
accused nor his advocate had the privilege of examining such witnesses
as were admitted, or of drawing forth all that they might have to tell.
If they were residents of the city, the inquisitor would summon them; if
at a distance, the interrogatories were sent to a commissioner; the
witness, to each bald question, would answer yes or no, or perhaps might
give some vague details or say that he knew nothing, and there the
taking of testimony ended. If inquiries were directed against parties
who had not testified, they were generally suppressed, although the
instructions were to investigate them also, in order more perfectly to
keep the accused in the dark, and it was also suggested that they be
examined personally because, as enemies, they might have additional
damaging testimony to give. When the witnesses for the defence, as
frequently happened, were widely scattered, all this consumed
considerable time, during which the prisoner in his cell was gnawing his
heart in suspense, and when it was finished he was brought into the
audience-chamber, curtly informed that what he had requested had been
duly attended to, and asked if he had anything more to say. Under the
Instructions of 1561, the results of the interrogations were carefully
withheld from him as we have seen above (Vol. II, p.
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