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
Owing to the inconvenience that attended this procedure in so far as
torture and questions upon matters of Faith were concerned, it was
later accounted desirable that the inquisitors themselves should take
charge of it. They were enjoined, however, to see to it that there
should be no shedding of blood or loss of life, since it was against
the Christian maxims that a priest should be guilty of such things. So
that when by misadventure it happened that blood was shed or a patient
died under the hands of the torturers, the inquisitor conducting the
examination became guilty of an irregularity. For this he must seek
absolution at the hands of a brother cleric; and the inquisitors were
informed--to make matters easier for them and to spare them anxieties
in this matter--that they had the right to absolve one another under
such circumstances.
But even if we fully admit that the use of torture--and similarly of
fire--had been secular institutions of which the Church had simply
availed herself as the only methods that commended themselves in such
an age, it must still be held against the inquisitors that these
methods were by no means tempered or softened in their priestly hands.
ARTICLE XVI
It being held that the publication of the names of witnesses
who depone upon the crime of heresy might result in great
harm and danger to the persons and property of the said
witnesses--since it is known that many have been wounded and
killed by heretics--it is resolved that the accused shall not
be supplied with a copy of the depositions against him, but
that he shall be informed of what is declared in them, whilst
such circumstances as might lead to the identification of the
deponents shall be withheld.
But the inquisitors must, when proof has been obtained from
the examination of the witnesses, publish these depositions,
withholding always the names and such circumstances as might
enable the accused to learn the identity of the witnesses; and
the inquisitors may give the accused a copy of the publication
in such form [_i.e._ truncated] if he requires it.
If the accused should demand the services of an advocate, he
shall be supplied. The advocate must make formal oath that he
will faithfully assist the accused, but that if at any stage
of the pleadings he shall realize that justice is not on his
side, he shall at once cease to assist the delinquent and shall
inform the inquisitors of the circumstance.
The accused shall pay out of his own property, if he have any,
the services of the advocate; if he have no property, then the
advocate shall be paid out of other confiscations, such being
the pleasure of their Highnesses.
It is extremely doubtful if a more flagrant departure from all the laws
of equity would be possible than that which is embodied in Torquemada’s
enactment on the subject of witnesses.
Public-domain text, read in full here on John Shaqi.
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