A History of the Inquisition of Spain; vol. 3 — John Shaqi
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
We shall see that occasionally tribunals abused the use of torture, but
the popular impression that the inquisitorial torture-chamber was the
scene of exceptional refinement in cruelty, of specially ingenious modes
of inflicting agony, and of peculiar persistence in extorting
confessions, is an error due to sensational writers who have exploited
credulity. The system was evil in conception and in execution, but the
Spanish Inquisition, at least, was not responsible for its introduction
and, as a rule, was less cruel than the secular courts in its
application, and confined itself more strictly to a few well-known
methods. In fact, we may reasonably assume that its use of torture was
less frequent, for its scientific system of breaking down resistance, in
its long-drawn procedure, was more effective than the ruder and speedier
practice of the secular courts where, as we are told by Archbishop
Pedro de Castro of Granada, it was notorious that no one confessed
except when overcome by torture.[6]
In this respect, the comparison between the Spanish and the Roman
Inquisition is also eminently in favor of the former. We shall have
occasion presently to see the limitations which it placed on the use of
torture, while in Rome it was the rule that all who confessed or were
convicted in matters of faith were tortured for the further discovery of
the truth and the revelation of accomplices. In addition to this there
were many classes of cases in which torture was employed by Rome to
extort confession and in which it was forbidden in Spain--those
involving mere presumption of heresy, such as solicitation, sorcery,
blasphemy etc. Moreover in Rome the _in arbitrio judicum_ applied not
only to the kind and duration of the torture but also to its
repetition.[7] Spanish writers on practice, therefore, were justified in
claiming for their own tribunals a sparing use of torture unknown in
Italy, while, as regards its severity, the frequency with which in the
trials we find that the accused overcame the torture would indicate that
habitually it was not carried to extremity, as it so frequently was in
the secular courts. No torture-chamber in the Inquisition possessed the
resources of the corregidor who labored for three hours, in 1612, to
obtain from Diego Duke of Estrada confession of a homicide--the water
torture, the mancuerda, the potro, hot irons for the feet, hot bricks
for the stomach and buttocks, garrotillos known as bone-breakers, the
trampa to tear the legs and the bostezo to distend the mouth--and all
this was an every-day matter of criminal justice.[8]
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