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
If all proves vain the inquisitor shall proceed to the question,
beginning by interrogating him upon the more trivial matters of which
he is accused, as he would naturally acknowledge these more readily
(and when acknowledged they can be made the stepping-stones to more),
the notary being at hand to write down all that is asked and answered.
If he persists in his denials he is to be shown further implements of
torture, and assured that he will have to undergo them all unless he
speaks the truth.
If he still denies, the question may be _continued_ on the second or
third day, but not _repeated_.
Here again we have them observing the letter and flagrantly violating
the spirit of the law. Torture must not be repeated because it is by
law forbidden to put an accused to the question more than once, unless
in the meantime fresh evidence has been forthcoming; but it is not
forbidden to continue it--not forbidden because those who formulated
that law never dreamt of such a quibble being raised.
It is almost incredible that men should juggle with words in this way.
But here is the passage itself:
“Ad continuandum non ad iterandum, quia iterari non debent, nisi novis
supervenientibus indiciis, sed continuari non prohibentur.”
Lest they should be in danger of having to repeat the torture, they
took care to suspend it as soon as the patient was at the limit of
his endurance, and merely resumed or continued it two or three days
later, to suspend again and continue again as often as they might deem
necessary.
That it can have made no difference to the wretched patient whether
they described the procedure by one verb or the other does not appear
to have weighed with them. There was a difference--an important verbal
difference.
* * * * *
Upon this point the apologist Garcia Rodrigo, in his “Historia
Verdadera de la Inquisicion,” very daringly draws attention to the
meekness of the courts of the Inquisition as compared with the civil
tribunals. He contrasts the methods of the two, and to make out a case
in favour of the former, to prove to us that those who preached a
gospel of mercy knew also how to practise mercy, he tells us, rather
disingenuously, that whilst in civil courts a prisoner might be ordered
three times to the torture, in the courts of the Inquisition this
could not be imposed upon him more than once--_its rules forbidding
repetition_.
He does not consider it worth while to add that the “Directorium” in
which he found that rule points out, as we have seen, how it may be
circumvented
Public-domain text, read in full here on John Shaqi.
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