How the Prisoners are allowed an ADVOCATE
When the Process has gone thus far, and all the Information and Proofs relating to the Cause, are taken in a summary Manner, and the Criminal fully examined, if he confesses his Crime, there is no room for a Defense, nor do they proceed to the re-examining of the Witnesses. But if he persists in the Negative, and demands the Depositions to be given him, whether he is presumed to be innocent or obstinate, he is admitted to his defense, and all Matters are prepared to form the Process. And therefore because the Criminal must be convicted by Witnesses, the Witnesses must be re-examined And that the Criminal may not seem to be denied his Defense, he has an Advocate and Procurator allowed him. He is not however at Liberty to chose the one or other as he pleases, nor is it lawful for any Advocate to defend an Heretic under Pain of Infamy.
The Business of the Advocate is to admonish the Criminal to confess the Truth, and to ask Pardon for his Fault, if he be guilty of any. The answer shall be notified or intimated to the Fiscal.
How the PROMOTOR FISCAL exhibits the Bill of Accusation
After the Inquisitor has received, as has been said, Information against the Criminal denounced to him, the Procurator Fiscal, in some Inquisitions, presents in Court, in Presence of the Criminal, a Bill of Indictment containing the Heads of the Offences, of which the Criminal is accused, and presents it to the Inquisitor. The Form of this Bill is not every where the same. Eymerick gives this in his Directory of the Inquisitors.
I (X) Fiscal of the Office of the most holy Inquisition, do before you the Reverend Inquisitor, delegated Judge in Causes of the Faith against heretical Pravity, criminally accuse (Y) who being baptized a Christian, and accounted as such amongst all, Persons, has departed from the Catholic Faith, and has impiously gone over to the deadly Heresy, of the Manicheans., and other Heretics, particularly such a one, and such a one ; preaching, writing, composing, and firmly, asserting many heretical, erroneous, scandalous and greatly suspected Opinions, in Approbation and Praise of the aforesaid Heresy, and Heretics, whom he follows as his Masters.
How the Interrogatories given in by the CRIMINALS are formed and exhibited.
In order to prepare his Defense, the Criminal also puts in his Interrogatories, and desires of the inquisitor that the Witnesses may be interrogated upon them. But if they are impertinent, or deceitful, or tending discover the Informers, or to entangle and puzzle the Witnesses, or to conceal Truth, or to discover such Circumstances by which he might come to Knowledge of the Informer or Witnesses, the Inquisitor has Power to set them aside.
But as Simancas tells us, this is not the Method in the Spanish Inquisitions, where the Criminals are not allowed to put interrogatories to the Witnesses of the Promoter of the Exchequer, but the Judge is obliged by Office to diligent examine into the Credit, Life and Manners of the Witnesses. But the contrary is observed in all the Inquisitions in Italy, and it ought to be thus, proven by this Reason. That by not giving the Names of the Witnesses, the Defense of the Criminal at this Tribunal is imperfect and maimed enough, without introducing any other Novelty; but that the Defenses of the Criminal would be necessarily much more imperfect and maimed, if the Witnesses Should not be allowed to be interrogated him.
How the PROCESS is ended in the INQUISITION
After the Process is thus begun and carried on, it remains that we now explain how it is finished.
When all the Defenses are exhibited, the Criminal presses to have his cause dispatched. This may and must be done either by the imprisoned Criminal himself, or by his Procurator or Advocate, and that either by speaking by presenting a short Petition.
After this the Judges with their Assessors and Counselors, having the Proof, shall consider, and shall proceed according to the Merit of the causes to pass sentences, or to Interlocutrices and absolve the Innocent and leave the Obstinate to the secular Judge, and condemn such as are suspect, according to the Nature of their Crimes, Persons and Proofs either to the Question, or Abjuration? or Purgation or Imprisonment, or Banishment, or to a Fine; or shall enjoin them to purge and redeem their Fault by Fasting, Prayers and Alms
How the PROCESS is ended by Absolution
The first Manner of ending a Process in Causes of the Faith, is by Absolution, when the Criminal is not found guilty. And this may happen two, ways, either because he was really found innocent, the Informers and Witnesses being found guilty of Falsehood, or because the Accusation against him was not fully proved.
If he is found innocent after the first Manner, especially if the Witnesses have retracted their Depositions, then he may be pronounced innocent, And in this case, the accused Person, whose Innocence appears, rides upon an Horse, amidst the Applause of the People, crowned with Laurel and Palm-Branches, after the Manner of a Triumph.
In such a Sentence of Absolution there is no mention made of the Heresies or Crimes, for which such Person is accrued or informed against, because they are not proved. This has been provided for by the Madrid Instruction An. 1561. whether it be pronounced upon a Person dead or alive. When he who defends The Memory and Reputation of a Person deceased, has legally maintained his Cause, and the deceased Person is to be a Waived from any further Trial, his Sentence shall be pronounced in the public Act, because the Edits were published against him. However, in this Case, the Statue of such deceased Person who is absolved in the public Act, shall not be brought forth, nor shall the particular Errors of which he was accused be recited, because they are not proved. The same must be observed with respect to those, who are personally apprehended and accused , and absolved from farther trial, if they shall demand it.
How the PROCESS against a Person defamed for heresy is ended by Canonical Purgation.
When the Person accused is only found to be defamed for Heresy, in any Village, City, or Province, and is not convicted either by his own Confession, or the Evidence of the Fact, or by the legal producing of Witnesses, or any other, legal Proofs, and Infamy only is precisely against him he is not absolved, but he is enjoined canonical Purgation (The act of purging or purifying) by the Bishop and Inquisitor together, and not separate1y. (Penance?)
How the PROCESS is ended by Torture.
When the Person accused is not found guilty either by his own Confession, or the Evidence of the Fact, or legally producing the Witnesses, and when there is no such Evidence to support the Suspicion, as is necessary to his being condemned to abjure Heresy, he is condemned by an interlocutory Sentence to the Question and Torture, that if he confesses nothing when interrogated by Torture, he may be esteemed as free and innocent, and that if he confesses his Errors he may be converted and live. For the same End, says Simancas, Paul delivered the Corinthian to Satan for the of his flesh, that his Spirit might be saved.
Royas however says, that should not always be given to the Question, for ’tis a very frail and dangerous Thing, and oftentimes keeps the Truth from appearing. Some are fearful, who had rather lie and speak Falsehood instead of Truth, than endure Torments.
‘Tis farther to be observed, that the Judge must take Care that if he diligently and distinctly inserted at large by the Notary in the Acts, whether the Person interrogated answered with Resolution, or in tears, or laughing, or sweat, or Trembling; But it depends wholly on the Pleasure of the Judge, whether or no the Person accused shall be tortured or not, upon Account of such Inconsistency, Faltering, Contradiction, Trembling, Sweat, &c.
However, the Inquisitors do sometimes shamefully abuse this Liberty, and rashly proceed to the Torture of innocent Persons, as will evidently appear by one Instance, not to mention more.
“At the same time almost they apprehended in the Inquisition at Seville a noble Lady, Joan Boborquia, the Wife of Francis Varquius, a very eminent Man, and Lord of Higuera, and Daughter of a wealthy Citizen of Seville. The Occasion of her Imprisonment was, that her Sister, a young Lady of eminent Piety, who was afterwards burnt for her pious Confession, had declared in her Torture, that she had several times conversed with her Sister concerning her own Doctrine. When the was First imprisoned, the was about six Months gone with Child upon which Account she was not so straightly confined, nor used with that Cruelty which the other Prisoners were treated with, out of Regard to the Infant she carried in her. Eight Days after her Delivery they took the Child from her, and on the fifteenth shut her close up, and made her undergo the Fate of the other Prisoners, and began to manage her Cause with their Arts and Rigor in so dreadful a Calamity she had only this Comfort, that a certain pious young Woman, who was afterwards burnt for her Religion by the Inquisitors, was allowed her for her Companion.
This young Creature was, on a certain Day, was carried out to her Torture, and being returned from it into her Jail, the was so shaken, and had all her Limbs so miserably disjointed, that when the laid upon her Bed of Rushes, it rather increased her Misery than gave her Rest, so that she could not turn herself without the most excessive Pain. In this Condition, as Boborquia had it not in her Power to show her any, or but very little outward Kindness, she endeavored to comfort her Mind with great Tenderness.
The Girl had scarce began to recover from her Torture, when Boborquia was carried out to the same Exercise, and was tortured with such diabolical Cruelty upon the Rack, that the Rope pierced and cut into very Bones of her Arms, Thighs, and Legs, and in this Manner she was brought back to Prison, just ready to expire, the Blood immediately running out of her Mouth in great Plenty. Undoubtedly they had bruised her Bowels, insomuch that the eighth Day after her Torture she died.
And when after all they could not procure sufficient Evidence to condemn her, though sought after and procured by all their Inquisitorial Arts, yet as the accused Person was forced in that Place, where they were obliged to give some Account of the Affair to the People, and indeed could not by any Means dissemble it, in the first Act of Triumph appointed after her Death, they commanded her Sentence to be pronounced in these Words. “Because this Lady died in Prison, without Doubt suppressing the Causes of it, and was found to be innocent upon inspecting and diligently examining her Cause, therefore the holy Tribunal pronounces her free from all Charges brought against her by the Fiscal, and absolving her from any farther Process, do restore her both as to her Innocence and Reputation, and commands all her Effects which had been confiscated, to be restored to those to whom they of Right belonged, &c.” And thus after they had murdered her by Torture with savage Cruelty, they pronounced her innocent.”
As to such who are freed from being tortured for other Crimes upon Account of their Youth, or old Age, or being with Child, they are not to be tortured for Heresy. Persons under twenty-five may be tortured for Suspicion of Heresy, but not if they are under fourteen, but they may be terrified and beat.
For a fuller account of Torture see Appendix.
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