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
In the Spanish Inquisition, solicitation uncomplicated by Illuminism or
Molinism, inferred only light suspicion of heresy, requiring merely
abjuration _de levi_. Consequently the accused was not exposed to
torture. It is true that, academically speaking, though he could not be
tortured as to intention and belief, he might be subjected to it if he
denied facts, but in practice it was never employed, although the formal
accusation contained the _otrosi_ demanding it.[254] Yet, when there was
_mala doctrina_ or Illuminism torture was employed without scruple, as
in the case, in 1725, of Manuel Madrigal, in Toledo, accused as
"solicitante, Molinista y flagelante."[255] In the Roman Inquisition,
however, after the brief of Gregory XV, the suspicion of heresy was
vehement, the abjuration was _de vehementi_ and there was no exception
to the general rule of torturing on intention. The testimony of one
woman of good character, supported by indications such as the evil
repute of the confessor, or that of two women unsupported, sufficed. In
every way Rome treated the offence with less charity than did
Spain.[256]
The instructions as to the examination of accusers offer a strong
contrast to the negligence habitual in trials for formal heresy, of
which the penalties were so much more severe. Tribunals were warned that
it required special attention and the utmost exactitude; the woman must
declare precisely the spot and the time, whether confession was real or
simulated, and she must repeat in full detail the words and acts of the
confessor without omission. If any one was near enough to see or to
hear, she must state who it was; if she had spoken to any one, the name
must be given, and the inquisitor was urged to exercise his ingenuity
according to the circumstances of the case. If she had subsequently
confessed to the same priest, she must give her reasons and state
whether he had absolved her. Special inquiry was to be made as to any
cause of enmity on her part or that of her kindred; whether she had
heard of his doing the same with other women; what she thought or knew
as to his character, and whether any other confessor had told her that
she was not bound to denounce him.[257] All these were salutary
precautions which, if general and not exceptional, would have prevented
much injustice.
[Sidenote: _TWO DENUNCIATIONS REQUIRED_]
Public-domain text, read in full here on John Shaqi.
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