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
The Instructions of 1484 give minute and precise details with regard to
it, pointing out three courses which may be followed. The first is
recommended as the safest and least rigorous and is that furnished by
the canon law in Cap. _Contumaciam_ (Cap. 7, Tit. 2 in Sexto Lib. v)
which provides that, as contumacy renders suspicion vehement, a man who
is suspect in the faith is to be excommunicated, when, if he remains
under the censure for a year, he is to be condemned as a heretic. Under
this process, which conveniently converted suspicion into formal heresy,
justifying condemnation, testimony was superfluous and conviction
certain, so that, although it cost some delay, we can understand the
preference expressed for it. It simply required the party to be
summoned, with the customary monitions, to defend himself in matters of
faith and a special charge of heresy, under pain of excommunication. If
he did not appear, the inquisitor ordered the fiscal to accuse his
contumacy and to demand letters denouncing him as an excommunicate and
then, if he persisted in his contumacy for a year, he was declared a
formal heretic. The citations were made by the customary edicts,
proclaimed and affixed to the church-doors of his domicile, and the
excommunication was published in the churches with the customary
solemnities.
The second method was more speedy and was adapted to cases where the
heresy could be completely proved. The accused was cited by edict to
appear and prove his innocence, with steps similar to those used in
summoning defenders in prosecutions of the dead; when the terms allowed
were passed, if the evidence was conclusive, the absentee could be
condemned without further delay.
The third process was suitable for cases where the evidence, though
incomplete, justified vehement presumption. An edict was issued against
the accused summoning him to appear within a specified time and furnish
canonical purgation, with notice that, if he did not present himself, or
if he failed in his purgation, he would be held as convicted and be
treated accordingly. This was the simplest and speediest, but the
Instructions say that, although rigorous, it was well grounded in law,
and inquisitors, at their discretion, could adopt either of the three
courses as best adapted to the case in hand.[232]
Public-domain text, read in full here on John Shaqi.
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