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
Meanwhile, at each stage of the case, the accused was subjected to
searching examination. By rule, this had to be conducted by the
inquisitors, and if there were two, both were required to be present; as
the Suprema declared, about 1520, this was necessary to enable them to
vote intelligently.[182] The fiscal, very properly, was not allowed to
be present, and the notaries or secretaries were ordered to confine
themselves to their duties in recording and not to interpose questions.
The general instructions for these examinations are praiseworthy. In
1518 the Suprema ordered the avoidance of superfluous questioning, as it
might lead the accused to contradict himself through ignorance and, in
1529, as the result of a visitation of Saragossa, it rebuked the
inquisitors for asking irrelevant questions instead of confining
themselves to the subject matter, as required by the Instructions. The
questions were to be clearly and intelligibly put, and the accused was
to answer them categorically, yes or no. He was not to be deceived or
misled by being made to believe that there was evidence where none
existed, nor was he to be questioned about accomplices, unless there
were sufficient indications concerning them.[183] Unlike the medieval
Inquisition, where every kind of deceit was allowed to entrap the
accused into compromising himself, the final rules, formally expressed
by Pablo García, were that the inquisitors must carefully abstain from
interrogating the prisoner about matters not included or indicated in
the evidence, and from leading him to believe that mere suspicions were
knowledge founded on proof.[184] Yet, with marked inconsistency, the
monitions with which the trials opened, assumed, as we have seen, the
guilt of the prisoner, that ample information existed of it, and that
his confession was wanted for his own salvation.
As a rule, in these earlier audiences, no questions were put except to
ask the accused what he had remembered, and he was left to spontaneous
confession, without a guide as to what was expected of him. Sometimes,
however, in the later periods a special _audiencia de preguntas_ was
ordered, which might last for several days, as in the case of Beatriz
López, at Valladolid, in 1697.[185] Ordinarily the real examinations
began when the accused answered to the accusation, and were continued
after his replies to the publication. At any time, moreover, if he made
admissions or a partial confession, the opportunity was taken, by
skilful questioning, to bring him, step by step, to full acknowledgement
of his offences. In this, leading questions were forbidden. All
examinations were to be searching and thorough and, in 1654, the Suprema
complained that many crimes remained unpunished because of the
carelessness and looseness with which this duty was performed.
Inquisitors in general were, therefore, instructed to repeat their
questions again and again, until every detail of time, place and
circumstance was ascertained.[186]
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