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 any, upon being denounced and convicted of the sin of
heresy, shall deny and persist in his denial until sentence
is passed, and the said crime shall have been proved against
him, although the accused should confess the Catholic Faith
and assert that he has always been and is a Christian, the
inquisitors must declare him a heretic and so sentence him, for
juridically the crime is proved, and by refusing to confess his
error the convict does not permit the Church to absolve him and
use him mercifully.
But in such cases the inquisitors should proceed with
great care in their examination of the witnesses, closely
cross-questioning them, gathering information on the score of
their characters, and ascertaining whether there exist motives
why they should depone out of hatred or ill-will towards the
prisoner.
ARTICLE XV
If the said crime of heresy or apostasy is half-proven
(_semiplenamente provado_) the inquisitors may deliberate upon
putting the accused to the torture, and if under torture he
should confess his sin, he must ratify his confession on one
of the following three days. If he does so ratify he shall be
punished as convicted of heresy; if he does not ratify, but
revokes his confession as the crime is neither fully proved
nor yet disproved, the inquisitors must order, on account of
the infamy and presumption of guilt of the accused, that he
should publicly abjure his error; or the inquisitors may repeat
the torture.
There is nothing in this article that may be considered as a departure
from or an enlargement upon any of the rules laid down by Eymeric in
his “Directorium,” as we shall see when we come to deal with this
gruesome subject of torture.
It is urged by apologists that, when all is said, the torture to which
the inquisitors had recourse, and, similarly, the punishment of death
by fire, were not peculiarly ecclesiastical institutions; that they
were the ordinary civil methods of dealing with offenders, and that in
adopting them the Church had simply conformed, as was her custom, with
that which was by law prescribed.
It is quite true that originally these were the methods by which the
secular tribunals proceeded against those who sinned against the Faith.
But it must also be borne in mind that if the civil authorities so
proceeded they implicitly obeyed the bull “ad extirpanda” of Sixtus IV,
which imposed this duty upon them under pain of excommunication.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account