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 chief ground of these complaints had concerned the delays that so
commonly occurred in bringing an accused to trial. When a prisoner’s
acquittal ultimately chanced to take place, it was after a long term
of imprisonment for which there was no compensation or redress; and
when the person so treated was a man of position and influence, it is
natural that he would protest strongly against the treatment to which
he had been subjected before it was discovered that no charge could
be sustained against him. The real reason of these delays must not be
supposed to lie in dilatoriness or sluggishness on the part of the
inquisitors. Indeed, the excessive dispatch with which they conducted
the affairs of their tribunal is a matter to the scandal of which
Llorente draws attention more than once--and particularly in the course
of chronicling the fact that in the year of its introduction into
Toledo this court dealt--as we shall see--with no less than some 3,300
cases, 27 of the accused being burnt and the remainder penanced in
various degrees. He protests with reason that it is utterly impossible
that at such a rate of procedure evidence can properly have been sifted
and any sort of justice done.
Where delays took place they were the result of the extreme reluctance
on the part of the Holy Office to allow any to go free upon whom
its talons had once fastened. Thus, when even the slight degree or
evidence necessary to enable the inquisitors to convict was lacking,
they would delay in the daily hope that such evidence might be
forthcoming, and by repeated examinations they would meanwhile seek to
force the unfortunate prisoner into contradictions that should justify
them in resorting to torture.
In view of the explicit pontifical command, Torquemada was compelled to
amend this state of things, at least in theory, by decreeing (Article
III) that there should be no delays in proceeding to trial through
lack of proof. Where proof was lacking, the accused should at once be
restored to liberty, since he could at any time--when fresh proof was
forthcoming--be rearrested.
Similarly, with a view of expediting trials, he ordered (Article IV)
that since in all the courts of the Inquisition there were not the
necessary lawyers, henceforth, when a case was completed, the _dossier_
of the proceedings should be sent to the Grand Inquisitor himself, and
he would then submit it to the lawyers of the Suprema, who would advise
upon it.
But he amply made up for what softening of rigour might be contained in
these articles by the greater severity enjoined in some of the other
decrees which he embodied in these “Instructions” of 1488.
Finding that the inquisitors of Aragon had been departing from certain
of his enactments of 1484, diluting them with the weaker rules that
had obtained under the old Inquisition in that kingdom, he commanded
that all inquisitors should proceed in strict obedience to the statutes
contained in the past “Instructions.”
Public-domain text, read in full here on John Shaqi.
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