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 all this the function of the advocate was reduced to a minimum. He
was to make no suggestions to his client except to confess; he was not
to advise him to disable any of the witnesses or to name witnesses of
his own. His sole duty, we are told, was to abandon a pertinacious
heretic and to admonish a Christian to tell the truth. If he chanced to
gain outside information, he was not to communicate it to the prisoner
but to the inquisitors and, if any friend or kinsman spoke to him about
the case, he was to say that he knew nothing of it. So, in the written
defence which he was required to present, he could use no information of
his own, for the accused alone could state facts, and the advocate could
only set them forth. He could receive nothing from the prisoner or his
friends, even after the case was ended; the tribunal fixed his fee,
which was paid to him by the receiver.[181]
Under such circumstances the argument which he would frame was not
likely to be of any benefit to his client. If he were young, bright and
ambitious, he might endeavor to impress the tribunal with his ability,
although the strict secrecy imposed deprived him of the incentive which
publicity would give. For the most part, however, he would discharge his
nominal duties with as little waste of energy as possible; he had
nothing to gain by zeal, and would be careful not to offend the
inquisitors and fiscal on whom he was dependent. While, therefore, we
occasionally meet with a careful and well-reasoned argument, presenting
the case of the accused in the most favorable light, and pointing out
the irregularities and illegality and weakness of the evidence, in
general the defence is perfunctory, of no real service to the accused,
while ostensibly giving him the benefit of defence by a trained lawyer
and enabling the tribunal to overrule what might be alleged in his
favor.
* * * * *
[Sidenote: _EXAMINATION OF THE ACCUSED_]
Public-domain text, read in full here on John Shaqi.
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