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
Crippled by gout, he withdrew to his monastery at Avila.[263] There
he now dwelt in retirement, an emaciated old man in his seventy-sixth
year, debilitated and racked with bodily infirmities, but with all his
vigour and energy of mind unimpaired, his severity as uncompromising as
of old, his conscience entirely at peace in the conviction that he had
given of his best--indeed, his all--to the service of his God.
But even now his retirement can have been little more than physical.
His attention continued focussed upon the Inquisition and engrossed by
it. To the last do we find him actively directing the procedure of that
tribunal of the Faith.
In the spring of 1498 he summoned the principal inquisitors of the
kingdom to the monastery of St. Thomas of Avila, to the end that with
himself they might concert the promulgation of further decrees to check
abuses which had crept into the administration of the justice of the
Holy Office, proving inadequate his enactments of 1484, 1485, and 1488.
These, the fourth “Instructions” of Torquemada, were published on May
25, 1498. They contain a good deal that seems calculated to soften
the rigour of the earlier decrees, yet much of this is more or less
illusory.
Let us very briefly consider the sixteen articles of which they consist.
The first three provide: (I) that of the two inquisitors appointed to
each court one shall be a jurist and the other a theologian, and that
they shall not proceed other than jointly to decree prison, torture, or
publication of witnesses; (II) that the inquisitors shall not permit
their officers to bear weapons in those places where the bearing of
weapons is forbidden; (III) that no one shall be arrested save upon
sufficient proof of his guilt, and that all cases be disposed of
with dispatch and not delayed in the hope of discovering increased
justification to sentence.
This last clause merely repeats an earlier one that we have already
seen, and from this repetition we are led to suppose that the former
expression of the same command had not received proper attention and
obedience. The stipulation that no arrest should be made save where
there was sufficient proof of guilt is not as generous as it sounds.
It is dependent upon what the inquisitors would consider “sufficient
proof”; this is revealed by the jurisprudence of the Holy Office: the
accusation of a spiteful or malevolent person, or a delation wrung
from some wretch under torture, would be accounted “sufficient proof”
to justify the arrest and its sequel. To abolish the inequitable
character of this it would have been necessary to have rescinded the
decree which accounted “semiplenal proof” sufficient ground for taking
action.
Public-domain text, read in full here on John Shaqi.
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