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 notion of an accused hearing nothing of what is deposed against
him, of his not even being informed of the full extent of such
depositions nor yet confronted with his accusers, is beyond a doubt one
of the most monstrously unjust features of this tribunal. And by taking
the fullest advantage of that enactment and reducing the proceedings to
a secrecy such as was never known in any court, the inquisitors were
able to inspire a terror which was even greater than that occasioned by
the fires they fed with human fuel at their frequent Autos.
Torquemada based this enactment upon the caution laid down by Eymeric
on the score of divulging the names of witnesses. But Eymeric went
no further than to say that these names should be suppressed where a
possibility of danger to the delators lay in their being divulged. The
accused, however, might have the full record of the proceedings read to
him, and he might infer for himself who were his accusers. There was no
question in Eymeric of any truncations.
Torquemada’s aim is perfectly clear. It was not based, as is said
in the article, upon concern for any danger that the delators might
incur. For, after all, it shall be made plain before we conclude the
survey of inquisitorial jurisprudence, that the wounding or even the
death of those witnesses would be regarded (professedly, at least) as
an enviable thing; they would be suffering for the Faith, and thus
qualifying for the immortal crown of martyrdom. Rather was Torquemada’s
object to remove all fear that might trammel delators and stifle
delations. The delator must be protected solely to the end that other
delators might come forward with confidence to inform against secret
heretics and apostates, so that the activities of the Holy Office
should suffer no curtailment.
Trasmiera, a later inquisitor, in the course of an eulogium of
secrecy, speaks of it as “the pole upon which the government of the
Inquisition is balanced, calling for the veneration of the faithful;
it facilitates the delations of witnesses, and it is the support and
foundation of this tribunal; once deprived of it, the architecture of
the edifice must undoubtedly give way.”[89]
The clause relating to advocates is founded upon the ancient
ecclesiastical law which forbade an advocate to plead for heretics. His
being enlisted under the present clause would clearly serve to increase
the peril of the accused.
ARTICLE XVII
The inquisitors shall, themselves, examine the witnesses, and
not leave such examinations to their notaries or others, unless
a witness should be ill or unable to come before the inquisitor
and the inquisitor similarly unable to go to the witness, in
which case he may send the ordinary ecclesiastical judge of the
district with another upright person and a notary to take the
depositions.
ARTICLE XVIII
Public-domain text, read in full here on John Shaqi.
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