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
When any person is put to the torture the inquisitors and
the ordinary should be present--or, at least, some of them.
But when this is for any reason impossible, then the person
entrusted to question should be a learned and faithful man
(_hombre entendido y fiel_).
ARTICLE XIX
The absent accused shall be cited by public edict affixed to
the door of the church of the district to which he belongs, and
after thirty days’ grace the inquisitors may proceed to try him
as contumaciously absent. If there is sufficient evidence of
his guilt, sentence may be passed upon him. Or, if evidence is
insufficient, he may be branded a suspect and commanded--as is
due of suspects--to present himself for canonical purgation.
Should he fail to do so within the time appointed, his guilt
must be presumed.
Proceedings against the absent may be taken in any of the
following three ways:
(1) In accordance with the chapter “Cum contumatia de
hereticis,” citing the accused to appear and defend himself
upon certain matters concerning the Faith and certain sins of
heresy, under pain of excommunication; if he does not respond,
he shall be denounced as a rebel, and if he persists in this
rebellion for one year he shall be declared a formal heretic.
This is the safest and least rigorous course to adopt.
(2) Should it seem to the inquisitors that a crime against any
absent can be established, let him be cited by edict to come
and prove his innocence within thirty days--or a longer period
may be conceded if such is necessary to permit him to return
from wherever he may be known to be. And he shall be cited at
every stage of the proceedings until the passing of sentence,
when, should he still be absent, let him be accused of
rebellion, and should the crime be proved he may be condemned
in his absence without further delay.
(3) If in the course of inquisitorial proceedings there is
presumption of heresy against an absent person (although the
crime is not clearly proved) the inquisitors may summon him by
edict commanding him to appear within a given time to clear
himself canonically of the said error, on the understanding
that should he fail to appear, or, appearing, should fail to
clear himself, he shall be deemed convicted and the inquisitors
shall proceed to act as by law prescribed.
The inquisitors, being learned and discriminating, will select
the course that seems most certain and is most practical under
the particular circumstances of the case.
Any person condemned as contumacious became an outlaw, whom it was
lawful for any man to kill.
CANONICAL PURGATION, which is mentioned in this article, differs
considerably from ABJURATION, and the difference must be indicated.
Public-domain text, read in full here on John Shaqi.
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