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
children, with nine days in which to answer it. At the expiration of
this time, on September 14th, the fiscal accused the further rebeldia
and concluded; the inquisitors received the case to proof and assigned
thirty days for it. On October 20th, the fiscal presented four
witnesses, who were separately and secretly examined by the inquisitors,
the testimony consisting of the usual details of observing the Sabbath
by lighting candles and wearing clean linen, with an intimation of
having chickens killed by decapitation. Then followed an interval, until
January 18, 1485, when the fiscal asked for publication of evidence. The
inquisitors granted this, ordering copies given to him and to the
children if they ask for it, and assigning a term of six days for
concluding. On January 24th the fiscal accuses the persistent rebeldia
and concludes; the inquisitors hold the children to be contumacious and
conclude the case, assigning for sentence the third or any following
day. All this was in preparation for the great auto de fe of March 15th,
where the sentence was read, condemning in mass a large number of the
dead, confiscating their property and ordering their bones to be dug up
and burnt.[225] This was the procedure under which thousands of the dead
were condemned and their properties seized from the existing owners; the
forms of justice were comfortably preserved; no heirs or children
ventured to appear in defence, and the condemnation might as well have
been pronounced at the beginning.
This facility offered temptations to act on insufficient evidence and
occasionally, when persons of importance were concerned, there was a
contest, as at Saragossa where, on March 10, 1491, the fiscal presented
his _clamosa_ against a number of the dead, whose representatives
defended them with persistent energy until December, 1499, when there
were eight condemnations and three acquittals.[226] Some check on the
abuses inevitable to the system was attempted, in the reformatory
Instructions of 1498, which order that no prosecution of the dead is to
be commenced unless there is proof sufficiently complete for
condemnation; the practice of suspending cases where proof is imperfect
is prohibited, in view of the hardship endured by the heirs, who are
unable to marry or to dispose of their property and, under such
circumstances, acquittal is ordered. Procrastination and delay are also
forbidden, and cases must be determined speedily.[227]
[Sidenote: _PROSECUTION OF THE DEAD_]
Public-domain text, read in full here on John Shaqi.
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