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
This instruction would appear to require that, in case of consent, the
witness should be forced to reveal her shame. Protection from this would
seem necessary to overcome reluctance to make denunciation, and the
Roman Inquisition, by decree of July 25, 1624, ruled that neither the
woman nor the accused was to be questioned as to this and, if the
information was volunteered, it was to be omitted from the record, while
confessors were ordered to assure penitents that no such inquiries would
be made.[258] If such a rule existed in Spain, it was not observed until
near the end, for the records of trials show that the examination was
pushed to the last point, and the results were fully set forth in the
proceedings. As late as the middle of the eighteenth century,
instructions to commissioners taking testimony in these cases require
them to obtain all details as to words and acts and to write them out
fully and distinctly, no matter how obscene they may be.[259] Soon
after this, however, occurs the first intimation as to reticence that I
have met, in instructions to a commissioner, January 27, 1759, as to
taking testimony from a nun, in which he is told to notify her that, if
she volunteers to relate her own ruin, this is not to be stated or
included in the testimony.[260] Subsequently this became the rule, as
appears by instructions in 1816 and 1819.[261]
The most important discrimination in favor of these delinquents was the
requirement of two independent denunciations to justify arrest and
trial. This was not reached without some hesitation. The earliest formal
instructions that we have on the subject are embodied in a letter to the
tribunal of Sardinia, in 1574, when forwarding to it the brief of Pius
IV. As the crime is understood to be very prevalent in the island, the
inquisitor is ordered to prosecute it with rigor, according to the
procedure in cases of heresy, no exception being alluded to as respects
single denunciations.[262] Instructions to the tribunal of Peru, about
the same time, specify that a single witness suffices for prosecution
and that Indian women can be admitted.[263] Then, as we have seen, there
is an inclination in favor of the accused, in a carta acordada of March
2, 1576, ordering single accusations to be received, but the Suprema is
to be consulted before taking action. This tendency increased, and
fuller instructions to Sardinia, in 1577, require two witnesses with
conclusive evidence as a condition precedent to arrest.[264] This was
repeated in general instructions issued in 1580 and, after some
variations, it remained an absolute rule until the end.[265] Even this
was regarded by churchmen as too harsh. A Cunha holds that, while two
witnesses may suffice for prosecution, there should be at least four for
conviction, and he grows eloquent in pointing out the dignity of the
priest, the scandal to the Church and the exultation of the heretic. De
Sousa likewise considers two witnesses insufficient for conviction,
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