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
Five days later the accused successfully petitions the court that to
the advocate appointed him be added one Martin Vazquez, to whom he
gives the necessary powers. And it is this same Martin Vazquez who on
that very day--December 22, 1490--presents to the court the written
repudiation of the indictment, prepared by the Bachelor Sanç, in his
client’s name.
* * * * *
The advocate begins by respectfully submitting that this court has no
jurisdiction over his client on the score of the crimes alleged against
him, since their Paternities are inquisitors appointed--_Auctoritate
Apostolica_--for the Diocese of Avila only, and only over persons
of that diocese. Yucé is of the Diocese of Toledo, where there are
inquisitors of heretical pravity, before whom he is ready to appear to
answer any charges. Therefore his case should have been referred to
that court of Toledo, and their Paternities should never have received
Guevára’s denunciation.
He proceeds to reprove their Paternities for having done so upon
sounder grounds, when he protests that the accusation is too vague and
general and obscure. It does not state place or year or month or day
or hour in which, or persons with whom, it is alleged that his client
committed the crimes set forth.
Further, he objects that since his client is a Jew, he cannot with
justice be accused of having fallen into the crime of heresy or
apostasy; and therefore it is not right that--as may be done in the
case of a heretic--the full expression and elucidation of what is
charged against him should be withheld, since thus it is impossible
for his client to defend himself, not knowing what precisely are the
charges made.
The advocate very rightly denounces it as against all equity that
the Fiscal should thus prejudice Yucé without particularizing his
accusation, and he warns their Paternities that it may prove hurtful to
their consciences if, as a result of Guevára’s generalizations, Yucé
should come to suffer and die undefended.
* * * * *
It is very unsatisfactory equity which says to a man, “You are accused
of such-and-such crimes. Prove your innocence of them, or we punish
you.” But it is not equity at all that can say, “You are accused of
something; no matter what. Prove to us that you are innocent of all the
offences for which this tribunal may proceed against you, or we find
you guilty and send you to death.”
This, however, was precisely the method of the Holy Office, and being
aware of it, the advocate is forced to confess that in a case of heresy
secretly committed the Inquisition may admit an accusation that does
not specify time or place of the alleged offence.
Public-domain text, read in full here on John Shaqi.
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