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 indirect torture of especially harsh imprisonment was not unknown to
the Inquisition, and was occasionally employed for the purpose of
breaking down obstinacy. It was not, as in the medieval Inquisition,
prescribed as an ordinary resource, but it was at the discretion of the
tribunal and could at any time be brought into play, as in the case of a
pertinacious heretic, in 1512, who was consigned to the most noisome
part of the prison, and afflicted in various ways, in the hope of
enlightening his understanding.[9] In the later period of leisurely
action, protracted imprisonment was frequently resorted to, in the hope
of inducing repentance and conversion, when wearing anxiety and despair
weakened the will as effectually as the sharper agonies of the pulley
and rack. There was also the ingenious device, frequently effective, by
which the fiscal concluded his formal accusation with a demand that, if
necessary, the accused should be tortured until he confessed. This was
unknown in the earlier period, but the Instructions of 1561 recommend
it, giving as a reason its good results, and also that torture requires
a demand from the prosecutor and a notification to the defendant, who is
unprepared for it at this stage of the trial.[10] After this it became
the universal custom in all cases admitting of torture, and the profound
impression produced on the unfortunate prisoner can be readily
conceived.
[Sidenote: _PRELIMINARIES_]
Torture itself, however, was regarded as too serious to be left to the
arbitrary temper of a baffled or angry inquisitor, and was preceded by
formalities designed to prevent its abuse. It was the last resort when
the result of a trial left doubts to be satisfied. After the prosecution
and defence had closed, and the consulta de fe had assembled to consider
the sentence, if the evidence was too weak for condemnation while the
innocence of the accused was not clear, it could adopt a vote to torture
and postpone the decision to await the outcome. Even in the ferocity of
the early period this deliberateness was frequently observed, although
in the reckless haste of procedure it was often omitted. Thus, in the
case of Diego García, a priest accused of having said twenty years
before, when a boy, that the sacrament was bread, the consulta held two
meetings, January 18 and 19, 1490, and finally voted torture. There was
no haste however and it was not until February 11th that García was
exposed to the very moderate water-torture of about a quart of water. No
confession was obtained and he was untied, with the protest that he had
not been sufficiently tortured, but it was not repeated and, on February
26th, he was acquitted and restored to his fame and honor, though, with
the curiously perverse inquisitorial logic, he was made to abjure _de
vehementi_ and forbidden to celebrate mass for six months.[11] The vote
of the consulta however was not universal and, in 1518, the Suprema
Public-domain text, read in full here on John Shaqi.
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