Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
In Spain, during the reign of Ferdinand and Isabella, on account of an
alleged plot to overthrow the monarchy, by the Jews and Heretics, in the
year 1478, on application to Pope Sixtus IV., they were permitted to take
over, as it were, the whole tribunal formerly handled as a Church affair,
into the hands of the State, and with this new regime, the Spanish
Inquisition had its origin.
Inquisitors were now appointed by the Crown, instead of the Church and
under the career of Thomas de Torquemada, in 1483, the reign of terror
commenced in Spain. Llorente, the historian of the Inquisition, places
the number of persons burned to death, during Torquemada’s tenure of
office, in sixteen years, in Spain, at 9,000, and during the term of
office of the second head of the Inquisition, Diego Deza, in eight years,
1,600 met a similar death, by fire, as this was the customary punishment
inflicted upon this hated class of innocents who opposed the ruling
powers in Church and State.[51]
The procedure of the Inquisition is not without interest. The person
suspected of heresy or unbelief, was arrested and thrown into prison,
to be brought to trial when it suited the pleasure of his judges.
The proceedings of the trial when the unfortunate one was brought
into court, were secret; he was not faced with his accusers, nor were
their names disclosed. The evidence of a guilty accomplice, without
corroboration, was received against the accused and the person undergoing
trial was liable to be put to torture, in order to extort a confession
from him. When convicted, the punishment was death by fire, or on the
scaffold, imprisonment in the galleys for life, or for a term of years,
with forfeiture of his property, and civil infamy, if the offense was
deemed not of sufficient gravity to justify burning to death.[52]
After confession, under torture, the prisoner was customarily remanded
to prison and when brought before the judge, if he persisted in his
profession, he was condemned. If the confession was withdrawn, he was
tortured again and if he recanted a second time, he was tortured a third
time, for while the theory was that he could not be convicted, unless he
let his confession stand, he was tortured until he confessed and was not
allowed to voluntarily retract it, oftentimes.[53]
Three judges were necessary to approve the infliction of torture to
extract evidence from a person accused, in the reign of Ferdinand and
Isabella,[54] but this law was often violated and the strappado, the
scourge, hanging the accused by the arms, while his back and legs were
loaded with heavy weights, fire, applied to the soles of the feet and
pouring water down the throat were a few of the many tortures applied[55]
to extort confessions from the poor unfortunates who fell into the hands
of these religious zealots, imbued with a superhuman inclination to
torture their fellow-men.
Public-domain text, read in full here on John Shaqi.
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