History of the Inquisition from Its Establishment Till the Present TimeSime, William
History
History of the Inquisition from Its Establishment Till the Present Time
Sime, William
Inquisition; Inquisition -- History
19. Although the accused may confess all the charges brought against
him in the first audiences of admonition, yet the fiscal shall draw up
and present his act of accusation; because experience has shown, that
it is better that a trial caused by the denunciation of a person,
who is a party in the cause should be continued and judged at the
prosecution of the denunciator, that the Inquisitors may be at liberty
to deliberate on the application of punishments and penances, which
would not be the case if they proceeded officially.
20. Whenever the accused is admitted to an audience, he shall be
reminded of the oath he has taken to speak the truth.
21. At the end of his requisition, the fiscal shall introduce a
clause, importing, that if the Inquisitors do not think his accusation
sufficiently proved, they are requested to decree torture for the
accused.
22-26. Refer chiefly to the appointment and duties of an advocate to
the accused which in the Inquisition, is little more than a burlesque
on justice, and never proves of the least benefit to the unhappy victim
of inquisitorial persecution.
27. If the accused confesses himself guilty of another crime, after the
proof is admitted, the fiscal shall accuse him of it, and he shall be
prosecuted according to the ordinary forms. If the proof of the first
crime is increased, it will be sufficient to inform the prisoner of the
circumstances.
28. In the interval between the proof and the publication, the prisoner
may demand audiences, through the jailer, which the Inquisitors must
grant without delay, in order to profit by the inclination of the
accused, which may change from day to day.
29-32. Order the Inquisitor to cause the ratification of the witnesses;
the manner in which this is to take place, and the publication of their
depositions.
33. If the accused, who has made declarations, reveals crimes committed
by persons whom he names—the Inquisitors will cause him to name them
one after the other, and afterwards to state the facts or words which
he imputes to them.
34. Although the accused has denied the charges, the publication of the
depositions must be read to him, &c.
35. When the accused has replied to the publication of the depositions,
he shall be permitted to consult with his advocate, in the presence
of an Inquisitor and the recorder, that he may prepare his defence.
The recorder shall write down the particulars of the conference; but
neither the Inquisitor nor recorder, still less the advocate, shall
remain alone with the accused.
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