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
54th. When the inquisitors, the ordinary, and the consultors decree the
question, they shall not decide on what is to be done after it has been
administered, as the result is uncertain, nothing being regulated on
this point. If the accused resists the torture, the judges shall
deliberate on the nature, form, and quality of the torture which he has
suffered; on the degree of intensity with which it was inflicted; on the
age, strength, health, and vigour of the patient: they shall compare all
these circumstances, with the number, the seriousness of the indications
which lead to the supposition of his guilt, and they shall decide if he
is already cleared by what he has suffered; in the affirmative they
shall declare him free from prosecution, in the other case he shall
abjure according to the nature of the suspicion.
55th. The judges, notary, and the executioners shall be present at the
torture; when it is over, the inquisitors shall cause an individual who
has been wounded to be properly attended, without allowing any suspected
person to approach him, until he has ratified his declarations.
56th. The inquisitors shall take every precaution that the gaoler shall
not insinuate anything to the accused relating to his defence, that he
may only follow his inclination in all that he says. This measure does
not allow the gaoler to fill the office of guardian or defender to the
prisoner, or even representative of the fiscal; he may however serve as
a writer for the accused, if he does not know how to write: in this case
he shall be prohibited from substituting his own ideas for those of the
accused.
57th. The affair being for the second time in a state for passing
sentence, there shall be a new audience of the inquisitors, the
ordinary, the consultors, the fiscal and the notary. The fiscal shall
hear the report of the last incidents, to ascertain if it contains
anything important relating to his office; after it has been read he
shall retire, that the judges may remain alone when they proceed to
vote.
58th. When the inquisitors release an accused person from the secret
prisons, he shall be conducted to the chamber of audience; they shall
there ask him if the gaoler treated him and the other prisoners well, or
ill; if he has communicated with him or other persons on subjects
foreign to the trial; if he has seen or known that other prisoners
conversed with persons not confined in the prison, or if the gaoler gave
them any advice. They shall command him to keep secret these details,
and all that has passed since his detention, and shall make him sign a
promise to this effect, if he knows how to write, that he may fear to
break it.
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