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
If there is something grotesque in all this, at least the proceedings
were decently in order and, if Sancho and his wife had cared to risk it,
they could have been heard. How hurried and informal the process
sometimes was is manifested by a case at Guadalupe in 1485. On July 13th
three witnesses were heard as to ten persons who had left that place
from twelve to sixteen years before, and of whom public fame reported
that they had gone to Málaga or to some other Moorish town, and had
turned Jews. On July 21st the fiscal presented his accusation, asking
for sentence without previous citation or other notice, because by law
in such cases and crimes of heresy, when notoriety is proved, nothing
further is required. This was expressly assented to in the sentence,
although it alluded to some kind of citation with three terms, published
in the plaza and affixed to the church-doors, and also to a consulta de
fe, but all this was probably mythical for, in an auto de fe held on
August 1st, seven of the parties were included in one sentence, their
effigies were relaxed to the secular arm and their property was declared
to be confiscated, while judges everywhere were empowered to seize and
proceed against them.[234] Neither of the three methods described in the
Instructions of 1484 could have been employed in the interval of
eighteen days between denunciation and execution, but, as one of the
inquisitors was Francisco de la Fuente, an experienced judge from the
tribunal of Ciudad Real, we must presume that there was nothing
irregular in this quick despatch.
Although in these sentences the condemned is abandoned to any secular
justice for burning, the whole proceeding was merely designed to secure
the confiscations and enhance the solemnities of the autos de fe with
additional comburation of effigies. Its nullity in other respects was
admitted by the rule that, if a culprit who had been burnt in effigy
should return spontaneously, confessing and repenting, he could be
admitted to reconciliation or, if he asserted his innocence, he was to
be heard in his defence. This was decreed by Torquemada, October 10,
1493, with the reservation that it was a matter of grace and did not
affect the confiscation. In 1494 there was a further provision that, if
the condemnation had been the result of false-witness, it was the duty
of the inquisitors to revoke the sentence _ex officio_, without awaiting
the appearance of the convict.[235]
Public-domain text, read in full here on John Shaqi.
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