OF THE ORDINANCES OF 1561, WHICH HAVE BEEN FOLLOWED IN THE PROCEEDINGS
OF THE HOLY OFFICE, UNTIL THE PRESENT TIME.
The ancient laws of the holy office had been almost entirely forgotten,
and the inquisitors merely followed a kind of routine in transacting
their affairs. The inquisitor-general Valdes found it necessary to
remedy this evil; and as a multitude of extraordinary cases had occurred
since the publication of the Codes of Torquemada and his successor Deza,
which had obliged the inquisitors to publish supplements and new
declarations, he resolved to frame a new code, composed of those laws
which experience had shown to be useful. This edict was published at
Madrid, on the 2nd of September, 1561; it was composed of eighty-one
articles, which have been, till the present time, the laws by which the
proceedings of the Inquisition have been regulated.
_Preamble._ "We, Don Ferdinand Valdes, by the grace of God, Archbishop
of Seville, apostolical inquisitor-general against heresy and apostacy
in all the kingdoms and domains of his majesty, &c.; we inform you,
venerable apostolical inquisitors, that we understand, that although it
has been provided by the ordinances of the holy office, that the same
manner of proceeding should be exactly followed in all the Inquisitions,
there are, nevertheless, some tribunals where this measure has not
been, and is not well observed. In order to prevent any difference for
the future, in the conduct of the tribunals, and the forms which should
be followed, it has been resolved, after communicating and consulting
with the council of the general Inquisition, that the following order
shall be observed by the tribunals of the holy office:--
1st. When the inquisitors admit an information, which shows that
propositions have been advanced which ought to be denounced to the holy
office, they must consult theologians of learning and integrity, and
capable of qualifying the said propositions; they shall give their
opinion in writing, accompanied by their signature.
2nd. If it is certain from the opinion of the theologians that the
object of their examination is a matter of faith, or if it is apparent
without consulting them, and the denounced fact is sufficiently proved,
the procurator-fiscal shall denounce the author of it, and the
individuals implicated, if there are any, and shall require that they be
arrested[23].
3rd. The inquisitors shall be assembled to decide if imprisonment should
be decreed; in doubtful cases, they shall summon consultors, if they
find it necessary[24].
4th. When the proof is not sufficient to cause the arrest of the
denounced person, the inquisitor shall not cite him to appear, or
subject him to any examination, because experience has shown, that an
heretic who is at liberty will not confess, and this measure only makes
him more reserved and attentive in avoiding everything that may increase
the suspicions or the proofs brought against him.
5th. If the inquisitors are not unanimous in decreeing an arrest, the
writings of the trial shall be sent to the council, and this must
likewise take place even when they are unanimous in their decisions, if
the individuals to be arrested are persons of quality and consideration.
6th. The inquisitors shall sign the decree of arrest, and address it to
the _grand alguazil_ of the holy office. When it relates to a formal
heresy, this measure shall be immediately followed by the sequestration
of the property of the denounced person. If several persons are to be
imprisoned, a decree of arrest shall be expedited for each individual,
distinct and independent of each other, to be separately executed: this
precaution is necessary to ensure secrecy, in case one _alguazil_ cannot
arrest all the criminals. A note shall be entered in the trial, stating
the day on which the decree of arrest was delivered, and the person who
received it.
7th. The _alguazil_ shall be accompanied, in the execution of the decree
of imprisonment, by the recorder of the sequestrations, and the
stewards. He shall appoint a depositary, and if the steward does not
approve of the person mentioned, he shall appoint another himself, as he
is responsible for the property.
8th. The recorder of the sequestrations shall note all the effects
separately, with the day, the month, and year of the seizure; he shall
sign it with the _alguazil_, the steward, the depositary, and the
witnesses; he shall give a copy of this writing to the depositary; but
if the others demand copies, he is permitted to require payment for
them.
9th. The _alguazil_ shall deduct from the sequestrated property a
sufficient portion to defray the expenses of the food, lodging, and
journey of the prisoner; he shall give an account of what he received
when he arrives at the Inquisition. If any money remains he shall give
it to the cashier, to be employed in the maintenance of the prisoner.
10th. The _alguazil_ shall require the prisoner to give up his money,
papers, arms, and everything which it might be dangerous for him to be
in possession of; he shall not allow him to have any communication,
either by speech or writing with the other prisoners, without receiving
permission from the inquisitors. He shall remit all the effects found
upon the person of the prisoner to the goaler, and shall take a receipt,
with the date of the day on which the remittance took place. The gaoler
shall inform the inquisitors of the arrival of the prisoner, and he
shall lodge him in such a manner, that he cannot have at his disposal
anything which might be dangerous in his hands, unless they are confided
to him, and he is obliged to be responsible. One of the notaries of the
holy office shall be present, and shall draw up the verbal process of
the decree of imprisonment and its execution; even the hour when the
prisoner entered the prison must be mentioned, as this point is
important in the accounts of the cashier.
11th. The gaoler shall not lodge several prisoners together; he shall
not permit them to communicate with each other, unless the inquisitors
allow it.
12th. The gaoler shall be provided with a register, in which all the
effects in the chamber of the prisoner, with the clothes and food which
he receives from each detained person, shall be noted; he shall sign the
statement with the recorder of the sequestrations, and shall give notice
of it to the inquisitors; he shall not remit any food or clothing to the
prisoners without examining them with great attention, to ascertain if
they contain letters, arms, or anything of which they might make a bad
use.
13th. When the inquisitors think proper, they shall order the prisoner
to be brought into the chamber of audience; they shall cause him to sit
on a bench or small seat, and take an oath to speak the truth, at this
time, and on all succeeding audiences; they shall ask him his name, his
surname, his age, his country, the place where he dwells, his profession
and rank, and the time of his arrest; they shall treat him with
humanity, and respect his rank, but without derogating from the
authority of judges, that the accused may not infringe the respect due
to them, or commit any reprehensible act towards their persons. The
accused shall stand while the act of denunciation by the fiscal is read.
14th. The accused shall be afterwards examined on his genealogy. He
shall be asked if he is married: if more than once, what woman he
married: how many children he had by each marriage, their age, as well
as their rank and place of dwelling. The recorder shall write down these
details, paying attention to place each name at the beginning of a line,
because this practice is useful in consulting registers, to discover if
the accused is not descended from Jews, Moors, heretics, or other
individuals punished by the holy office.
15th. When the preceding ceremony has passed, the accused shall be
required to give an abridged history of his life, mentioning those towns
where he has made a considerable stay, the motives of his sojourn, the
persons he associated with, the friends he acquired, his studies, the
masters he studied under, the period when he began them, and the time
that he continued them; if he had been out of Spain, at what time and
with whom he had quitted the country, and how long he had been absent.
He shall be asked if he is instructed in the truths of the Christian
religion, and shall be required to repeat the _Pater-noster_, the _Ave
Maria_, and the _Credo_. He shall be asked if he has confessed himself,
and to what confessors. When he has given an account of all these
things, he shall be asked if he knows or suspects the cause of his
arrest, and his reply shall regulate the questions put to him
afterwards. The inquisitors shall avoid interrupting the accused while
he is speaking, and shall allow him to express himself freely while the
recorder writes down his declarations, unless they are foreign to the
trial. They shall ask all necessary questions, but shall avoid fatiguing
him by examining him on subjects not relating to the trial, unless he
gives occasion for it by his replies.
16th. It is proper that the inquisitors should always suspect that they
have been deceived by the witnesses, and that they shall be so by the
accused, and that they should not take either side; for, if they adopt
an opinion too soon, they will not be able to act with that impartiality
which is suitable to their station, and on the contrary will be liable
to fall into error.
17th. The inquisitors shall not speak to the accused during the
audience, or at other times, of any affair not relating to his own. The
recorder shall write down the questions and replies; and, after the
audience, he shall read it to the accused, that he may sign it. If he
wishes to add, retrench, alter, or elucidate, any article, the recorder
shall write after his dictation, without suppressing or certifying the
articles already written.
18th. The fiscal shall present his act of accusation within the time
prescribed by the ordinances; he shall accuse the prisoner of being an
heretic in general terms, and afterwards mention, in particular, the
facts and propositions of which he is charged. The inquisitors have not
the right of punishing an accused person for crimes which do not relate
to matters of faith; but if the preparatory instruction mentions any,
the fiscal shall make it the object of an accusation, because this
circumstance, and that of his general good or bad conduct, assists in
determining the degree of credence to be given to his replies, and
serves for other purposes in his trial.
19th. Although the accused may confess all the charges brought against
him in the first audiences of _admonition_, yet the fiscal shall draw up
and present his act of accusation, because experience has shown, that it
is better that a trial, caused by the _denunciation_ of a person who is
a party in the cause, should be continued and judged at the prosecution
of the _denunciator_; that the inquisitors may be at liberty to
deliberate on the application of punishments and penances, which would
not be the case if they proceeded _officially_.
20th. Whenever the accused shall be admitted to an audience, he shall
be reminded of the oath which he has taken to speak the truth.
21st. At the end of his requisition, the fiscal shall introduce a
clause, importing, that if the inquisitors do not think his accusation
sufficiently proved, they are requested to decree the torture for the
accused, because, as it cannot be inflicted without previous notice, it
is proper that the accused should be informed that it has been required;
and this moment appears the most convenient, because the prisoner is not
prepared for it, and he will receive the notice with less agitation.
22nd. The fiscal shall himself present his requisition, or demand in
accusation, to the inquisitors; the recorder shall read it in the
presence of the prisoner, the fiscal shall make oath that he does not
act from bad intentions, and retire; the accused shall then reply
successively to all the articles of the act, and the recorder shall
write down his answers in the same order, even if they are only denials.
23rd. The inquisitors shall give the prisoner to understand that it is
of great consequence to him to speak the truth. One of the advocates of
the holy office shall be appointed to defend him, who shall communicate
with him in the presence of an inquisitor, in order to prepare himself
to reply in writing to the accusation, after swearing fidelity to the
accused, and secrecy to the tribunal, although he had already taken that
oath at the time that he was appointed the _advocate of the prisoners of
the holy office_. He must endeavour to persuade the accused that it is
of the greatest consequence to be sincere, to ask pardon and submit to a
penance if he acknowledges his guilt. His reply shall be communicated to
the fiscal, who, with the prisoner and his advocate, shall be present at
the audience, and shall demand the proofs. The inquisitors shall admit
the requisition, but without naming the day or informing the parties of
it, because neither the accused nor any other person in his name has
the right of being present when the witnesses take their oaths.
24th. The recorder shall read to the advocate all that the accused has
declared relating to himself, but shall omit all that he has said
concerning others; this communication is necessary to the advocate, that
he may establish the defence of his client. If he wishes to make any
additions to his declaration, the advocate must be obliged to retire.
25th. If the accused has attained the age of twenty-five years, a
guardian shall be appointed for him before the accusation is read. The
advocate may fill that office, or any other person of known honour and
integrity. The prisoner, with the approbation of his guardian, shall
ratify all that he has declared in former audiences; and he shall
afterwards be attended by the same person in all the circumstances of
the trial.
26th. Where the proof has been admitted, the fiscal shall announce in
the presence of the accused, that he reproduces and presents the
witnesses and the proofs which existed in the writings and the registers
of the holy office; he shall demand that they proceed to the
_ratification_ of the witnesses who have been examined in the
preparatory instruction, that the witnesses shall be confronted and the
depositions published. If the accused or his advocate speak at this
time, the recorder shall write down all that they say.
27th. If the accused confesses himself guilty of another crime, after
the proof is admitted, the fiscal shall accuse him of it, and he shall
be prosecuted according to the ordinary forms. If the proof of the first
crime is increased, it will be sufficient to inform the prisoner of the
circumstance.
28th. In the interval between the proof and the publication, the
prisoner may demand audiences, through the gaoler. The inquisitors must
grant them without delay, in order to profit by the inclination of the
accused, which may change from day to day.
29th. The inquisitors must not neglect to cause the _ratification_ of
the witnesses, or to take any measures to discover the truth.
30th. The _ratification_ of the witnesses shall take place before
responsible persons, such as two priests, Christians of an ancient race,
and of a pure life and reputation. The witnesses shall be asked in their
presence if they recollect having deposed in any trial before the
Inquisition: if they reply in the affirmative, they shall be questioned
on the circumstances, and the persons interested in it. When they have
given satisfaction on this article, they shall be informed that the
fiscal has presented them as witnesses in the trial of the prisoner.
Their first declaration shall be read to them, and if they say that they
have attested those facts, they shall be required to ratify them, making
any additions, suppressions, explanations, and alterations, which they
may think proper. These shall all be mentioned in the verbal process: it
shall also be stated if the witness is at that time at liberty or
detained in the chamber of audience, or in his chamber, and why he has
not appeared in the ordinary place.
31st. When the ratification of the witnesses is concluded, the
publication shall be prepared, taking a copy of each deposition; it
shall be literal, except in all that may tend to discover the witnesses
to the accused. If the declaration is too long, it shall be divided into
several chapters. At the publication of the depositions, they shall not
be read to the accused all at once, nor all the articles of a long
declaration. The first head of the deposition of the first witness shall
be read to him, that he may reply to it with more precision and
facility; they shall then pass to the second chapter, then to the third,
following the same order in all the depositions. The inquisitors shall
hasten, as much as possible, the publication of the depositions, to
spare the accused the anxiety of a long delay; they shall avoid all that
may lead him to suppose that new charges have been brought against him,
or that those already made are more extended than in their own
declarations; and although such circumstances may have occurred, and the
accused has denied the charges, they shall cause the delay of the
formalities and the conclusion of the trial.
32nd. The inquisitors shall fulfil the form of the _publication_,
dictating to the recorder all that is to be written in the presence of
the accused, or they shall write it themselves and sign it. This writing
shall be dated with the year, the month, and the day, when the witness
deposed, provided that it is not convenient to do so; it would be
improper if the deponent was in prison. They shall also mention the time
and place when the facts occurred, because this is useful to the accused
in his defence; but the place must only be designated in general terms.
In the copy of the deposition the _third person_ shall be used, although
the witness spoke to the _first_. Thus it must be said: The witness has
seen or heard the accused conversing with an individual, &c.[25]
33rd. If an accused, who has made declarations in several sittings,
reveals crimes committed by persons whom he named, and afterwards makes
new declarations, only cites these persons in a vague and general
manner, employing for example, the words, _all those whom I have named_,
or a similar expression; these accusations cannot be brought against any
accused person, as they do not apply in a direct manner; this must
oblige the inquisitors to pay attention to the prisoner who speaks of
different individuals, and cause him to name them one after the other,
and afterwards to state the facts or words which he imputes to them.
34th. Although the accused has denied the charges, the publication of
the depositions must be read to him, that he may not call in question
the regularity of the proceedings of the tribunal which has arrested
him, and that the judges may rely with more confidence on the law when
they pass sentence; for this discretionary power exists only if the
accused is convicted and confesses himself guilty; otherwise the charges
brought against him by the witnesses, whose declarations have not been
mentioned to him, cannot be of any value, particularly in a trial of
this kind, when the accused is not present at the oath of the witnesses.
35th. When the accused has replied to the publication of the
depositions, he shall be permitted to consult with his advocate, in the
presence of an inquisitor and the recorder, that he may prepare his
defence. The recorder shall write down the particulars of the conference
which he considers worthy of attention. Neither the inquisitor nor
recorder, still less the advocate, shall remain alone with the accused.
It shall be the same with all other persons, except the gaoler or his
deputy. It is sometimes eligible that learned and pious persons should
visit the accused, to exhort them to confess what they obstinately deny,
though they have been convicted. These interviews can only take place in
the presence of the recorder or an inquisitor. Procurators shall not be
permitted to be appointed for the prisoner, though the _old
instructions_ have established this measure, because experience has
shown that great inconvenience arises from it[26]; besides which, the
accused derives little advantage from it[27]. If any unforeseen
circumstance renders this measure necessary, the advocate may be
appointed to fill the office.
36th. If the accused wishes to write, to fix the points of his defence,
he shall be furnished with paper: but the sheets shall be counted and
numbered by the recorder, that the accused may give them back again
either written upon or blank. When his work is finished, he shall be
allowed to converse with his advocate, to whom he may communicate what
he has written, on condition that his defender restores the original
without taking a copy when he presents his address to the tribunal. When
there is an examination in the defence of the prisoner, he shall be
required to name, on the margin of each article, the witnesses he wishes
to call, that those who are the most worthy of credit may be examined.
He must also be required to name as witnesses none but Christians of an
ancient race, who are neither his servants nor relations, unless it is a
case when the questions can only be answered by them[28]. Before the
address is presented by the advocate, if the accused requires it, it
shall be communicated to him, and the inquisitors shall desire the
advocate to confine himself to the defence of the accused in what he has
to say, and to observe a strict silence on everything said in the world,
as experience has shown the inconvenience of this sort of revelations,
even in respect to the accused persons; they shall cause him to restore
all the papers, without taking copies of them, or even of the address,
of which he must give up the notes, if there are any.
37th. Whenever the prisoner is admitted to an audience, the fiscal shall
examine the state of the trial, to ascertain if he has declared anything
new of himself or others; he shall receive his declaration judicially,
and mark the names of the persons of whom he has said anything, and all
the other points which might elucidate the affair, in the margin.
38th. The inquisitors shall receive the informations relative to the
defence of the accused, the depositions in his favour, the indirect
proofs and challenges of the witnesses, with as much care and attention
as they receive those of the fiscal; that the detention of the prisoner,
which prevents him from acting for himself, may not be an obstacle to
the discovery of the truth.
39th. When the inquisitors receive important information in defence of
the prisoner, he shall be brought before the tribunal accompanied by his
advocate; they shall inform him that the proofs of all the circumstances
which might mitigate his crime have been received, and that they can
conclude the trial, unless any other demand occurs on their part, in
which case they will do everything which may be permitted for the
prisoner. If he declares that he has nothing more to say, the fiscal may
give in his conclusions. It will be proper, however, that he should not
do it immediately, that he may take advantage of every circumstance that
may take place. If the accused demands the publication of the
depositions in his defence, it must be refused, as it may tend to
discover the persons who have deposed against him[29].
40th. When the trial is so far advanced that the sentence may be passed,
the inquisitors shall convoke the ordinary and the consulters. As there
is no reporter, the dean of the inquisitors shall report the trial,
without giving any opinion, and the recorder shall read it in the
presence of the inquisitors and the fiscal, who shall sit by the
consultors, and retire when he has heard the report, before the judges
give their votes. The consultors shall give their votes first, and then
the ordinary, the inquisitors after him, and the dean the last. Each
voter shall be at liberty to make any observations which he thinks
proper in giving his vote, without being interrupted or prevented. If
the inquisitors gave different votes, they shall explain their motives,
to prove that there is nothing arbitrary in their conduct. The recorder
shall write each opinion in a register prepared for the purpose, and
shall afterwards join it to the trial, to give testimony of it.
41st. When the accused confesses himself guilty, and his confessions
have the required conditions, if he is not relapsed, he shall be
admitted to reconciliation; his property shall be seized; he shall be
clothed in the habit of a penitent, or a _san-benito_ (which is a
scapulary of linen or yellow cloth, with two crosses of St. Andrew of
another colour), and he shall be confined in the prison for those who
are condemned to perpetual imprisonment, namely, that of _Mercy_. As to
the colours of the habit he is to wear, and the confiscation of his
property, there are _Fueros_ and privileges existing in some provinces
of Aragon, and other rules and customs which must be conformed to, in
acquitting the criminal, and restoring his ordinary garments to him,
according to the sentence. If it is proper that he should remain in
prison for an unlimited time, it shall be said in his sentence, that his
punishment shall last as long as the inquisitors think proper. If the
accused has really relapsed, after abjuring a _formal_ heresy, or is a
_false penitent_ when he has abjured as _violently_ suspected, and is
convicted in the present trial of the same heresy, he shall be given up
to the common judge according to the civil law, and his punishment shall
not be remitted, although he may protest that his repentance is sincere,
and his confession true in this case.
42nd. The abjuration must be written after the sentence, and signed by
the accused: if he is incapable of signing it, this ceremony must be
performed by an inquisitor and the recorder: if the condemned abjures in
a public _auto-da-fe_, the abjuration must be signed the next day, in
the chamber of audience.
43rd. If the accused is convicted of heresy, bad faith, and obstinacy,
he shall be _relaxed_, but the inquisitors must not neglect to endeavour
to convert him, that he may die in the faith of the church.
44th. If an accused who has been condemned, and informed of his sentence
on the day before the _auto-da-fe_, repents during the night and
confesses his sins, or part of them, in a manner that shows true
repentance, he shall not be conducted to the _auto-da-fe_, but his
execution shall be suspended, because it might be improper to allow him
to hear the names of the persons condemned to death, and those condemned
to other punishments, for this knowledge and the report of the offence
might assist him in preparing his judicial confession. If the accused is
converted on the scaffold of the _auto-da-fe_, before he has heard his
sentence, the inquisitors must suppose that the fear of death has more
influence in this conversion than true repentance; but if, from
different circumstances and the nature of the confession, they wish to
suspend the execution, they are permitted to do so, considering at the
same time that confessions made in such circumstances are not worthy of
belief, and more particularly those which accuse other individuals.
45th. The inquisitors must maturely consider motives and circumstances
before they decree the torture; and when they have resolved to have
recourse to it, they must state the motive: they must declare if the
torture is to be employed _in caput proprium_, because the accused is
subjected to it as persisting in his denials, and incompletely convicted
in his own trial; or if he suffers it _in caput alienum_, as a witness
who denies, in the trial of another accused, the facts of which he has
been a joint witness. If he is convicted of bad faith in his own cause,
and is consequently liable to be _relaxed_, or if he is equally so in
any other affair, he may be tortured, though he must be given up to the
secular judge for what concerns him personally. If he does not reveal
anything in being tortured as a witness, he shall nevertheless be
condemned as an accused; but if the question forces him to confess his
crime, and that of another person, and he solicits the indulgence of his
judges, the inquisitors shall conform to the rules of right.
46th. If only a semi-proof of the crime exists, or if appearances will
not admit of the acquittal of the prisoner, he shall make an abjuration
as being either _violently_ or _slightly_ suspected. As this measure is
not a punishment for the past, but a precaution for the future,
pecuniary penalties shall be imposed; but he shall be informed that if
he again commits the crime for which he was denounced, he will be
considered as having _relapsed_, and be delivered over to the secular
judge: for this purpose he shall sign his act of abjuration.
47th. In cases where only the semi-proof, or some indications of a crime
exist, the accused has been sometimes permitted to clear himself
canonically before the number of persons appointed in the ancient
instructions; the inquisitors, the ordinary, and the consultors, may
therefore allow it if they think proper, but they must observe that this
proceeding is very dangerous, not often used, and can only be employed
with great caution[30].
48th. The third manner of proceeding in this case is to employ the
_question_. This measure is thought to be dangerous and not certain,
because its effects depend upon the physical strength of the subject;
consequently no rule can be prescribed on this point, but it is left to
the prudence and equity of the judges. Nevertheless the question shall
only be decreed by the ordinary, the consultors, and the inquisitors, or
applied without their concurrence, as circumstances may occur, when
their presence would be necessary[31].
49th. When it is necessary to decree the torture, the accused shall be
informed of the motives for employing it, and the offences for which he
is to suffer it; but after it has been decided he shall not be examined
on any particular fact, he shall be allowed to say what he pleases.
Experience has shown that if he is questioned on any subject when pain
has reduced him to the last extremity, he will say anything that is
required of him, which may be injurious to other persons, in making them
parties concerned, and producing other inconveniences.
50th. The question shall not be decreed until the process is terminated,
and the defence of the accused has been heard. As the sentence of
recourse to the question admits of an appeal, the inquisitors shall
consult the council, if the case is doubtful; if the accused can
maintain his appeal, it shall be admitted. But if the point of law is
clear, the inquisitors are not required to consult the council, or to
admit the application of the accused; they are at liberty to proceed
immediately to execution, as if it had not been made.
51st. If the inquisitors think that the appeal ought to be admitted,
they shall send the writings of the process to the Supreme Council,
without informing the parties, or any individual not belonging to the
tribunal, because the council will send an order to the inquisitors, if
it is considered proper that they should be made acquainted with it.
52nd. If an inquisitor is challenged, and there is another in the
tribunal, the first shall abstain from performing his office, and the
second shall take his place, after the council has been informed of the
circumstance. If there is only one inquisitor in the tribunal, the
proceedings shall be suspended until the decision of the Supreme Council
has been received; the same course shall be pursued if there are several
inquisitors, and they are all challenged.
53rd. Twenty-four hours after the accused has been put to the question,
he shall be asked if he persists in his declarations, and if he will
ratify them. The notary of the tribunal shall appoint the time for this
formality, and likewise that for the application of the question. If at
this moment the accused confesses his crimes, and afterwards ratifies
his declarations in such a manner that the inquisitors may believe him
to be converted, repentant, and sincere in his confessions, he may be
admitted to reconciliation, notwithstanding the article in the ordinance
of Seville, in 1484. If the accused retracts his declaration, the
inquisitors shall proceed according to rule.
54th. When the inquisitors, the ordinary, and the consultors decree the
question, they shall not decide on what is to be done after it has been
administered, as the result is uncertain, nothing being regulated on
this point. If the accused resists the torture, the judges shall
deliberate on the nature, form, and quality of the torture which he has
suffered; on the degree of intensity with which it was inflicted; on the
age, strength, health, and vigour of the patient: they shall compare all
these circumstances, with the number, the seriousness of the indications
which lead to the supposition of his guilt, and they shall decide if he
is already cleared by what he has suffered; in the affirmative they
shall declare him free from prosecution, in the other case he shall
abjure according to the nature of the suspicion.
55th. The judges, notary, and the executioners shall be present at the
torture; when it is over, the inquisitors shall cause an individual who
has been wounded to be properly attended, without allowing any suspected
person to approach him, until he has ratified his declarations.
56th. The inquisitors shall take every precaution that the gaoler shall
not insinuate anything to the accused relating to his defence, that he
may only follow his inclination in all that he says. This measure does
not allow the gaoler to fill the office of guardian or defender to the
prisoner, or even representative of the fiscal; he may however serve as
a writer for the accused, if he does not know how to write: in this case
he shall be prohibited from substituting his own ideas for those of the
accused.
57th. The affair being for the second time in a state for passing
sentence, there shall be a new audience of the inquisitors, the
ordinary, the consultors, the fiscal and the notary. The fiscal shall
hear the report of the last incidents, to ascertain if it contains
anything important relating to his office; after it has been read he
shall retire, that the judges may remain alone when they proceed to
vote.
58th. When the inquisitors release an accused person from the secret
prisons, he shall be conducted to the chamber of audience; they shall
there ask him if the gaoler treated him and the other prisoners well, or
ill; if he has communicated with him or other persons on subjects
foreign to the trial; if he has seen or known that other prisoners
conversed with persons not confined in the prison, or if the gaoler gave
them any advice. They shall command him to keep secret these details,
and all that has passed since his detention, and shall make him sign a
promise to this effect, if he knows how to write, that he may fear to
break it.
59th. If a prisoner dies before his trial is terminated, and his
declarations have not extenuated the charges of the witnesses, so as to
give a sufficient cause for reconciliation, the inquisitors shall give
notice of his death to his children, his heirs, or other persons who
have the right of defending his memory and property; and, if there is
cause to pursue the trial of the deceased, a copy of the depositions and
the act of accusation shall be remitted to them, and all that they
advance in defence of the accused shall be received.
60th. If the mind of an accused person becomes deranged before the
conclusion of the trial, a guardian or defender shall be appointed for
him; if the children or relations of the accused present any means of
defence in his favour to the tribunal, when he is in possession of his
senses, the inquisitors shall not permit them to be joined to the other
writings of the process, because neither the children nor relations of
the accused are lawful parties; yet in a distinct and separate writing
they may decree what they think fit, and take measures to discover the
truth, without communicating with the prisoner, or the persons who
represent him.
61st. When sufficient proof exists to authorize proceedings against the
memory and property of a deceased person, according to the _ancient
instruction_, the accusation of the fiscal shall be signified to the
children, the heirs, or other interested persons, each of whom shall
receive a copy of the notification. If no person presents himself to
defend the memory of the accused, or to appeal against the seizure of
his goods, the inquisitors shall appoint a defender, and pursue the
trial, considering him as a party. If any one interested in the affair
appears, his rights shall be admitted, although he should be a prisoner
in the holy office at the time; but he shall be obliged to choose a free
person to act for him. Until the affair is terminated, the sequestration
of the property cannot take place, because it has passed into other
hands: yet the possessors shall be deprived of it, if the deceased is
found guilty.
62nd. If a person is found not liable to prosecution, this resolution of
the tribunal shall be announced in the _auto-da-fe_ by a public act, in
any manner most suitable to the interested party; the errors with which
he was charged shall not be designated, if the accusation is not
proved. If a deceased person is pronounced free from prosecution, the
judgment shall be formally published, because the action was public and
notorious.
63rd. When a defender is appointed for the memory of a person accused
after his death, in default of interested persons to take his defence,
the choice must only fall on a person not belonging to the Inquisition;
but he must be required to keep all the proceedings secret, and not to
communicate the _depositions_ and the accusations to any but the lawyers
of the prisoners, unless a decision of the inquisitors authorize him to
make them known to other persons.
64th. When absent individuals are to be tried, they shall be summoned to
appear, by three public acts of citation at different intervals,
according to the known or supposed place of their residence. The fiscal
shall denounce them contumacious, at the end of each citation.
65th. The inquisitors may take cognizance of several crimes which
occasion suspicion of heresy, although they do not consider the accused
an heretic, on account of certain circumstances; such as bigamy,
blasphemy, and suspicious propositions. In these cases the application
of the punishments depends upon the prudence of the judges, who ought to
follow the rules of right, and consider the gravity of the offence.
However, if they condemn the accused to corporeal punishment, such as
whipping, or the galleys, they shall not say that it may be commuted for
pecuniary penalties; for this measure would be an extortion, and an
infringement of the respect due to the tribunal.
66th. If the inquisitors and the ordinary differ in opinion when they
assemble to give their votes on the definitive sentence, the trial shall
be referred to the Supreme Council; but if the division is produced by
the manner in which the consultors have voted, the inquisitors may pass
them over, (although they may be more numerous,) and establish the
definitive sentence on their own votes, and that of the ordinary, unless
the importance of the case compels them to apply to the council, even if
the inquisitors, the consultors, and ordinary are unanimous[32].
67th. The _secret notaries_ shall draw up as many literal and certified
copies of the declarations of the witnesses, and the confessions of the
accused, as there are persons designated as guilty, or suspected of the
crime of heresy, that there may be a separate proceeding against each;
for the writings which contain the original charges are not sufficient,
since experience has shown that it always causes confusion, and the
prescribed method has been employed several times, although it increases
the labour of the notaries.
68th. When the inquisitors are informed that any of the prisoners have
communicated with other detained persons, they shall ascertain the truth
of the fact, inform themselves of the name and quality of the denounced
persons, and if they are accused of the same species of crime. These
details shall be mentioned in the process of each prisoner. In these
cases little credit can be given to any subsequent declarations made by
these persons, either in their own cause, or in the trial of another.
69th. Where a trial has been suspended by the inquisitors, if another
commences, though for a different crime, the charges of the first shall
be added to those of the second, and the fiscal shall maintain them in
his act of accusation, because they aggravate the new crime of which the
prisoner is accused.
70th. When two or more prisoners have been placed in the same prison,
they shall not be afterwards separated, or introduced to other
companions; if extraordinary circumstances make it impossible to comply
with this order, they shall be stated in the process of each person, and
this incident ought to diminish the weight of their declarations after
the change; for it is certain that each prisoner will tell his
companions all that he knows and has seen, and that these reports will
influence the other prisoners in the recantations which they sometimes
oppose to their first confessions.
71st. If a prisoner falls sick, the inquisitors must carefully provide
him with every assistance, and more particularly attend to all that
relates to his soul. If he asks for a confessor, the inquisitors shall
summon a learned man, worthy of possessing their confidence; they shall
recommend that he shall not undertake any commission for any person,
during the sacramental confession; and if the accused gives him one out
of the tribunal of penance, that he shall communicate to the Inquisition
everything relating to his trial. The confessor shall be required to
inform the accused that he cannot be absolved in the sacrament of
penitence, unless he confesses the crime of which he is accused. If the
sick person is in danger of dying, or is a woman about to be delivered,
the rules appointed for such cases shall be followed. If the accused
does not ask for a confessor, and the physician declares that he is in
danger, he shall be induced to make the request, and to confess himself.
If the accused makes a judicial confession of his crime, agreeing with
the charges, he shall be reconciled, and when he has been acquitted by
the tribunal, the confessor shall give him absolution. In case of death,
ecclesiastical sepulture shall be granted, but secretly, unless it is
inconvenient. If the accused demands a confessor when he is in good
health, it may be useful to refuse it, as he cannot be absolved until
after his reconciliation; unless he has already judicially confessed
enough to justify the charges: in that case the confessor may encourage
him to be patient.
72nd. The witnesses in a trial shall not be confronted, because
experience has shown that this measure is useless and inconvenient,
independently of the infringement of the law of secrecy which is the
result.
73rd. When an inquisitor visits the towns of the district of his
tribunal, he shall not undertake any trial for heresy, or arrest any
denounced person, but he shall receive the declarations and send them to
the tribunal. Yet if it is the case of a person whose flight may be
apprehended, he may be arrested and sent to the prisons of the holy
office; the inquisitor may also decide upon affairs of small
consequence, such as heretical blasphemies, which may be judged without
arresting the parties. The inquisitor shall not exercise this authority
without being empowered by the ordinary.
74th. In the definitive sentence pronounced against an individual
declared guilty of heresy, and condemned to be deprived of his property,
the period when he first fell into heresy shall be indicated, because
this knowledge may be useful to the steward of the confiscations; it
shall likewise be mentioned if this declaration is founded on the
confession of the accused, on the depositions of the witnesses, or on
both. If this formality is omitted, and the steward demands that it
shall be fulfilled, the inquisitors shall comply; if it cannot be done
by all together, it shall at least be executed by one of them, or the
consultors.
75th. An account shall be given by the gaoler of the common and daily
nourishment of each prisoner, according to the price of the eatables; if
there is in the prison a person of quality, or who is rich and has
several domestics, he shall be supplied with the quantity of food which
he requires, but only on condition that the remnants be distributed to
the poor, and not given to the gaoler.
76th. If the prisoner has a wife or children, and they require to be
maintained from his sequestrated property, a certain sum for each day
shall be allowed them, proportioned to their number, age, quality, and
the state of their health, as well as to the extent and value of these
possessions. If any of the children exercise any profession, and can
thus provide for themselves, they shall not receive any part of the
allowance.
77th. When any trials are terminated and sentences passed, the
inquisitors shall fix the day for the celebration of an _auto-da-fe_.
They give notice of it to the ecclesiastical chapter and the
municipality of the town, and likewise to the president and the judges
of the royal court, if there is one, that they may assemble with the
tribunal, and accompany it to the ceremony according to custom. They
shall use proper means that the execution of those who are to be
_relaxed_ shall take place before night, in order to prevent accidents.
78th. The inquisitors shall not permit any person to enter the prisons
on the day before the _auto-da-fe_, except the confessors and the
_familiars_ of the holy office when their employments make it necessary.
The _familiars_ shall receive the prisoner and be responsible for him,
after the notary has taken evidence of it in writing, and shall be
required to take him back to the prisons after the ceremony of the
_auto-da-fe_, if he is not given over to the secular judge; they shall
not allow any person to speak to him on the road, or inform him of
anything that is passing.
79th. On the day after the _auto-da-fe_, the inquisitors shall cause all
the reconciled persons to be brought into their presence. They shall
explain to each the sentence which had been read the day before, and
shall tell him to what punishment he would have been condemned if he had
not confessed his crime; they shall examine them all, particularly on
what passes in the prisons, and they shall afterwards give them into the
custody of the gaoler of the _perpetual_ prisons, who shall be
commissioned to observe that they accomplish their penances, and to
inform them when they fail. He shall also be required to supply the
prisoners with everything they want, and to procure work for those who
can occupy themselves, that they may contribute to their subsistence,
and be able to alleviate their misery.
80th. The inquisitors shall visit the _perpetual_ prisons from time to
time, to observe the conduct of the prisoners, and if they are well
treated. In those places where there is no _perpetual_ prison, a house
shall be provided instead; for without this precaution it is impossible
to inflict the punishment of imprisonment on those who are condemned to
it, or to ascertain if they faithfully accomplish their penances.
81st. The _San-benitos_ of all those persons who have been condemned to
_relaxation_, shall be exposed in their respective parishes, after they
have been burnt in person or in effigy; the same shall be done with the
_San-benitos_ of the reconciled persons, after they have left them off:
no _San-benitos_ shall be suspended in the churches for those
individuals who have been reconciled before the term of grace, as they
have not been condemned to wear them. The inscription for the
_San-benito_ shall consist of the names of the condemned persons, a
notice of the heresies for which they were punished, and of the time
when they suffered their penance in order to perpetuate the disgrace of
the heretics and their descendants.
As this formulary is still in force in the tribunals of the holy office,
it appeared to me useless to follow minutely the details of the events
of the reign of each inquisitor-general, since the nature of the
institution may be known by the picture I have given of its laws and
ordinances, and by the observations which I shall have occasion to make
in the remainder of the history.
I shall only add, that Don Ferdinand Valdes was, in 1566, succeeded by
Don Diego Espinosa, Bishop of Siguenza and President of the Council of
Castile. Espinosa died on the 5th of September, 1572. Don Pedro Ponce de
Leon, Bishop of Placentia and Estremadura, was the next
inquisitor-general, but he died before he had entered on his office.
The king appointed the Cardinal Gaspard de Quiroga, Archbishop of
Toledo, to be the eleventh inquisitor-general: he died on the 20th
November, 1594.
Don Jerome Manrique de Lara succeeded Quiroga; he was Bishop of Avila,
and the son of Cardinal Manrique, who had filled the same office under
Charles V.
Don Jerome died in September, 1595, and after him Don Pedro
Portocarrero, Bishop of Cordova, was at the head of the Inquisition.
The fourteenth inquisitor-general was the Cardinal Don Ferdinand Nino de
Guevara, Archbishop of Seville, who took possession in December 1599,
during the reign of Philip III.
It was under Philip II. that the Inquisition committed the greatest
cruelties; and the reign of this prince is the most remarkable period of
the history of the holy office.