The History of the Inquisition of Spain from the Time of its Establishment to the Reign of Ferdinand VII.Llorente, Juan Antonio
History
The History of the Inquisition of Spain from the Time of its Establishment to the Reign of Ferdinand VII.
Llorente, Juan Antonio
Inquisition -- Spain
19th. 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_.
20th. Whenever the accused shall be admitted to an audience, he shall
be reminded of the oath which he has taken to speak the truth.
21st. 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 the torture for the
accused, because, as it cannot be inflicted without previous notice, it
is proper that the accused should be informed that it has been required;
and this moment appears the most convenient, because the prisoner is not
prepared for it, and he will receive the notice with less agitation.
22nd. The fiscal shall himself present his requisition, or demand in
accusation, to the inquisitors; the recorder shall read it in the
presence of the prisoner, the fiscal shall make oath that he does not
act from bad intentions, and retire; the accused shall then reply
successively to all the articles of the act, and the recorder shall
write down his answers in the same order, even if they are only denials.
23rd. The inquisitors shall give the prisoner to understand that it is
of great consequence to him to speak the truth. One of the advocates of
the holy office shall be appointed to defend him, who shall communicate
with him in the presence of an inquisitor, in order to prepare himself
to reply in writing to the accusation, after swearing fidelity to the
accused, and secrecy to the tribunal, although he had already taken that
oath at the time that he was appointed the _advocate of the prisoners of
the holy office_. He must endeavour to persuade the accused that it is
of the greatest consequence to be sincere, to ask pardon and submit to a
penance if he acknowledges his guilt. His reply shall be communicated to
the fiscal, who, with the prisoner and his advocate, shall be present at
the audience, and shall demand the proofs. The inquisitors shall admit
the requisition, but without naming the day or informing the parties of
it, because neither the accused nor any other person in his name has
the right of being present when the witnesses take their oaths.
Public-domain text, read in full here on John Shaqi.
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