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
The rack is too well-known to need describing here, having in its time
been used in all European countries. Cruel as it was, it was perhaps
one of the least cruel engines of torture that have been employed.
* * * * *
It was required by law that any confession extracted under torture
should afterwards be ratified by the prisoner. This was one of the
prescriptions of Alfonso XI in the Partidas code. It recognizes that
a man might be driven by pain to say that which is not true, and
therefore it forbids the courts to accept as evidence what might be
declared under torture.
Therefore on one of the three days after the question had been
applied--as soon, presumably, as the prisoner was sufficiently
recovered to attend--the prisoner was brought once more into the
audience-chamber.
His confession, reduced to writing by the notary, was placed before
him, and he was invited to sign it--the act being necessary to convert
that confession into admissible evidence. If he signed, the proceedings
now ran swiftly and uninterruptedly to their end. If he refused to
sign, repudiating the statements made, the inquisitors proceeded upon
the lines laid down by Torquemada in Article XV of his “Instructions”
to meet the case.
* * * * *
Pegna warns inquisitors against delinquents who feign madness to avoid
the torture. They should not, he says, delay on that account, for the
torture may be the best means of ascertaining whether the madness is
real or simulated.[114]
Finally let it be added upon this gruesome subject that it was not
only the accused who was liable to be put to the question. A witness
suspected of falsehood, or one who had lapsed into contradictions
in the course of his evidence, might be put to torture _in caput
alienum_.[115]
CHAPTER XIII
THE JURISPRUDENCE OF THE HOLY OFFICE--THE SECULAR ARM
The comparatively light sentences imposed upon those who came forward
to abjure heresies which they were suspected of harbouring, and upon
those who submitted to canonical purgation to cleanse them of “evil
reputation,” have already been considered.
It remains to be seen how the Holy Office dealt with
_negativos_--_i.e._ those who persisted in refusal to confess a first
offence of heresy or apostasy after their guilt had been established to
the satisfaction of the court--and with _relapsos_--_i.e._ those who
were convicted of having relapsed into error after once having been
penanced and pardoned.
Offenders in either of these two classes were to be abandoned to the
secular arm--the ecclesiastical euphemism for death by fire. The same
fate also awaited impenitent heretics and contumacious heretics.
He who after having been convicted by sufficient witnesses persisted
in denying his guilt should, says Eymeric, be abandoned to the secular
arm upon the ground that he who denies a crime which has been proved
against him is obviously impenitent.[116]
Public-domain text, read in full here on John Shaqi.
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