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
It evidently felt the matter to be one requiring the most careful
consideration and, on the outbreak of a witch-craze in Navarre,
stimulated by the secular authorities, it assembled, in 1526, a
"congregation" in Granada, laid the papers before it and asked its
examination of the whole subject, which was condensed into six
questions, going to the root of the matter: 1. Whether witches really
commit the crimes confessed, or whether they are deluded. 2. Whether, if
these crimes are really committed, the culprits are to be reconciled and
imprisoned, or to be delivered to the secular arm. 3. Whether, if they
deceive and do not commit these things, they are to be similarly
punished, or otherwise. 4. Whether the cognizance of these crimes
pertains to the Inquisition and if so, whether this is fitting. 5.
Whether the accused are to be judged on their confessions without
further evidence and to be condemned to the ordinary punishment. 6. What
will be a wholesome remedy to extirpate the pest of these witches.[475]
The mere submission to rational discussion of such a series of questions
shows a desire to reach a just method of treatment, wholly at variance
with practice elsewhere, when legislators and judges were solely
occupied with devising schemes to fight the devil with his own weapons
and to convict, _per fas et nefas_, the unfortunates who chanced to
incur suspicion.[476]
[Sidenote: _DOUBT AND INQUIRY_]
The ten members of the congregation were all men of consideration and
included the Licentiate Valdés, in whom we may recognize the future
inquisitor-general. On the first question, as to reality or delusion,
the vote stood six to four in favor of reality, Valdés being one of the
minority and explaining that he regarded the proofs of the accusations
as insufficient, and desired inquisitors to be instructed to make
greater efforts at verification. The second question was of the highest
importance. For ordinary heresy, confession and repentance ensured
exemption from the stake but, in the eagerness to punish witchcraft,
when a witch confessed it was customary to abandon her, either formally
or informally, to be punished by the secular authorities for the crimes
assumed to be proved against her--usually sucking the blood of children
or encompassing the death of adults. Obedience to the Scriptural
injunction of not suffering a witch to live was general.[477] On this
point there was wide variety of opinion, but the majority decided that,
when culprits were admitted to reconciliation, they were not to be
remitted to the secular judges, to be punished for homicides, for such
homicides might be illusory, and there was no proof beyond their
confessions; after they had completed the penance assigned to them, if
the secular judges chose to try them for homicide, the Inquisition could
not interfere. This decision was adopted in practice and, some years
later, was cited in justification of protecting convicted witches from
the secular courts.
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