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
45. When the Inquisitors have resolved to have recourse to the torture,
they must state the motive, declaring whether the accused is subjected
to it in consequence of persisting in his denials, or suffers as
a witness who denies, in the trial of another accused. If he is
convicted of bad faith in his own cause, and is consequently liable
to be relaxed, or if he is equally so in any other affair, he may be
tortured, though he must be given up to the secular judge, for what
concerns him personally.
46. If only a semi-proof of the truth exists, or if appearances
will not admit of the acquittal of the prisoner, he shall make an
abjuration, as either being violently or slightly suspected.
47. In cases where only the semi-proof of the truth exists, the accused
has been sometimes allowed to clear himself canonically before the
number of persons in the ancient instructions, (viz. a jury of twelve
persons;) but though the Inquisitors may allow it if they think proper,
they must observe that this proceeding is very dangerous.
48. The third manner of proceeding in this case is to employ the
question, (that is, the torture.) The remainder of this article, and
the four articles which follow, refer chiefly to the regulations to be
observed in appointing the torture to be inflicted.
53. Twenty-four hours after the accused has been put to the question,
he shall be asked if he persist in his declarations, and if he will
ratify them. If at this moment he confesses his crimes, and ratifies
his declarations, in such a manner as to prove his conversion, he may
be admitted to a reconciliation; but if he retracts his declaration,
the Inquisitors shall proceed according to rule.
54. If the accused resist the torture, the judges shall deliberate on
the nature, form, and quality of the torture which he has suffered,
or the degree of intensity with which it was inflicted; on the age,
strength, health, and vigour of the patient, &c. and they shall declare
if he is already cleared by what he has suffered.
55. The judges, notary, and the executioners, shall be present at the
torture; and when it is over, the Inquisitors shall cause an individual
who has been wounded, to be properly attended.
56. The Inquisitor shall take care that the jailer shall not insinuate
any thing to the accused relating to his defence.
57. The affair being for the second time, in a state for passing
sentence, there shall be a new audience of the Inquisitors, the
ordinary, &c.
58. When the Inquisitors release an accused person from the secret
prisons, he shall be conducted to the chamber of audience; and after
being interrogated with regard to the conduct of the jailer, he shall
be ordered to keep these details, and all that has passed since his
detention, secret, and sign a promise to this effect.
Public-domain text, read in full here on John Shaqi.
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