The requisition or accusation of the procurator-fiscal was never given to the prisoner in writing, that he might not reflect on the charges in prison and prepare his replies. The prisoner is conducted to the audience-chamber, where a secretary reads the charges, in the presence of the inquisitors and the fiscal: between each article he calls upon the prisoner to reply to it instantly, and declare if it is true or false.
It is evident that this proceeding is intended to embarrass the prisoner, by compelling him to reply without previous reflection. Such stratagems are allowed in other tribunals where the prisoners are guilty of homicide, theft, or other offences against society; but it must be allowed that it is against the spirit of Christianity to employ them where zeal for religion and the salvation of others seem to be the motives for acting.
Defence.
When the charges and the accusation have been read, the inquisitors ask the prisoner if he wishes to make a defence; if he replies in the affirmative, a copy of the accusation and the replies is taken. He is then required to select the lawyer whom he wishes to employ for his defence, from the list of those belonging to the holy office. Some prisoners required permission to seek a defender out of the tribunal, a pretension which is not contrary to any law, particularly if the lawyer has taken an oath of secrecy; yet this simple and natural right has seldom been granted by the inquisitors.
It is of little consequence to the accused to be defended by an able man, as the lawyer is not allowed to see the original process, or to communicate with his client. One of the notaries draws up a copy of the result of the preliminary instruction, in which he reports the deposition of the witnesses, without mentioning their names, or the circumstances of time or place, and (what is more extraordinary) without stating what has been said in defence of the prisoner. He entirely omits the declarations of the persons who, having been summoned and interrogated by the tribunal, have persisted in affirming that they knew nothing of the subject on which they were examined. This extract is accompanied by the censure of the qualifiers, and the demand of the fiscal for the examination, and the accusation, and the replies of the accused. This is all that is given to the defender in the audience-chamber, where the inquisitors have commanded him to attend. He is then obliged to promise to defend the prisoner if he thinks that it is just to do so; but, in the contrary case, that he will use all the means in his power to persuade him to solicit his pardon of the tribunal, by a sincere confession of his sins, and a demand to be reconciled to the church.
Those who have acquired any experience in criminal proceedings, are aware of the great advantages which may be derived from the comparison of the testimony of the witnesses in the defence of the accused; but the direction given to the proceedings by the Inquisition is such, that the lawyer can rarely find any means of defence but that which arises from the difference and variations in the depositions on the actions and words imputed to the prisoner.
As this is not sufficient, (because the semi-proof exists,) the defender generally demands to see the prisoner, that he may inquire if it is his intention to challenge the witnesses, to destroy, either in part, or entirely, the proof established against him. If he replies in the affirmative, the inquisitors order proceedings to prove the irregularity of the witnesses.
Proof.
It is then necessary to separate all the original declarations of the witnesses from the process, and send them to the places which they inhabit to receive a ratification. This takes place without the knowledge of the prisoner, and as he is not represented by any person during this formality, it is impossible that the challenge of a witness should succeed, even if he was the greatest enemy of the prisoner. If the witness was at Madrid at the time of the instruction, and afterwards went to the Philippine Isles, the course of the trial was suspended, and the prisoner was obliged to wait till the ratification arrived from Asia. If he demanded an audience, to complain of the delay, he was answered with ambiguity, that the tribunal could not proceed with greater haste, as it was occupied with particular measures.
The prisoner made his challenge of the witnesses by naming those whom he considered as his enemies, giving his reasons for mistrusting them, and writing on the margin of each article the names of those persons who could attest the facts which are the causes of the challenge. The inquisitors decree that they shall be examined, unless some motive prevents it.