A History of the Inquisition of Spain; vol. 4Lea, Henry Charles
History
A History of the Inquisition of Spain; vol. 4
Lea, Henry Charles
Inquisition -- Spain
[Sidenote: _PROCEDURE_]
Even greater favoritism was manifested in the matter of evidence. We
have seen that, in ordinary trials, while two witnesses were required as
to each fact yet, in practice, a single witness sufficed, not only for
arrest but for torture and that the testimony of the vilest persons was
welcomed without discrimination. In solicitation, it was self-evident
that there could be but one witness to each specific act, so that
perforce the tribunals were instructed that they must be content with
"singular" witnesses. A single denunciation however, did not suffice for
arrest, but in 1571, and again in 1576, they were allowed to deliberate
on it and consult the Suprema. Even this was thought to be too harsh
and, in 1577, the rule was adopted that there must be two separate and
independent denunciations before arrest and trial--a rule fraught, as we
shall see, with far-reaching consequences for, when it was so difficult
to induce women to accuse their seducers, innumerable culprits escaped
because two of their victims did not happen to act independently.[250]
Similar exceptional consideration was shown with regard to the character
of the witnesses, repeated instructions being issued that this was to be
carefully investigated, and the results be noted upon the record and
reported to the Suprema, so that due weight be given to it, both in
ordering arrest and apportioning penalties--precautions eminently
commendable, but deplorably lacking in trials for other offences.[251]
Justification for this solicitude was sought in the customary monkish
abuse of women in general. It was a misfortune that their evidence was
to be received at all but, from the nature of the crime, this was
unavoidable, and Páramo tells us that by nature they are lying,
deceitful, perjurers, crafty, changeable, frail, mutable and
corruptible--a daily curse, the gate of the devil, the tail of the
scorpion, a whitened sepulchre, an incurable sore, but they are the only
witnesses to be had and two of them, if of good character, must suffice
for full proof.[252] Such tirades show the different temper in which
inquisitors approached the consideration of these cases and those of
Jews or Protestants.
After arrest the culprit could be committed to the secret prison, but
this was exceptional, the custom being to remand regulars to houses of
their Order, and to admit seculars to bail, with the city as prison, in
a manner to attract as little attention as possible. The trial took the
usual course, interrogation being made as to intention and belief in the
sacrament of penitence, on which inquisitorial jurisdiction was based.
Of course all heretical tendencies were disclaimed, but, in the possible
case of error and pertinacity, there was provision for confinement in
the secret prison with sequestration of property and seizure of
papers.[253]
Public-domain text, read in full here on John Shaqi.
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