Torquemada and the Spanish Inquisition: A HistorySabatini, Rafael
History
Torquemada and the Spanish Inquisition: A History
Sabatini, Rafael
Inquisition -- Spain; Torquemada, Tomás, de, 1420-1498
(_b_) When in the absence of witnesses there are grounds for
vehement or violent suspicion.
(_c_) When there is no evil “reputation” attaching to the
accused, but one witness against him and _grounds_ for
vehement or violent suspicion--_i.e._ not actual suspicion but
indications of it; a suspicion of suspicion, as it were. The
distinction is most elusively fine.
The scholiast Pegna adds in his commentaries that this combination
of “reputation” (or grounds for suspicion) and one witness is not
necessary to justify submitting the accused to the question--
(_a_) When to evil reputation are added evil morals, which
lead easily to heresy--thus those who are incontinent and
very greatly addicted to women persuade themselves that this
incontinence is not in itself a sin. (Such an opinion if
proclaimed would amount to heresy, therefore one who acts as if
he held it lays himself open to suspicion of heresy.)
(_b_) When the accused who has incurred evil reputation shall
have fled. (The circumstance of his flight is accepted as
evidence of evil conscience.)[108]
Eymeric further enjoins that the question shall be employed only when
all other means of obtaining the truth shall have failed, and he
recommends the use of exhortation, gentleness, and ruse to draw the
truth from the prisoner.[109]
He observes that, after all, not even the torture can be depended upon
always to extract the truth. There are weak men who under the first
torments confess even what they have not done; and there are others so
stubborn and vigorous that they can suffer the greatest pains; there
are those who having already undergone torture are able to endure it
with greater fortitude, knowing how to adapt themselves to it; and
there are others still who, by having recourse to sorcery, remain
almost insensible to the pain and would die before divulging anything.
These last, he warns inquisitors, use passages from the Gospel
curiously inscribed upon virgin parchment, intermingling in these
the names of angels that are unknown, designs of circles, and magic
characters. These charms they bear about their bodies.
“I don’t yet know,” he confesses, “what remedies are available against
these sorceries; but it will be well to strip and closely to examine
the patient before putting him to the question.”
He recommends that when the accused has been sentenced to torture, and
whilst the executioners are making ready to perform it, the inquisitor
should continually endeavour to induce the accused to confess. The
torturers should strip him with precipitation, but with a sorrowful air
and almost as if troubled for him (_quasi turbati_). When stripped, he
should be taken aside and once more exhorted to confess. His life may
be promised him, provided that the crime of which he is accused is not
such as to make it forfeit.
Public-domain text, read in full here on John Shaqi.
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