Donna Jane Bohorques was declared innocent. She was the legitimate daughter of Don Pedro Garcia de Xeres y Bohorques, and the sister of Donna Maria Bohorques, who perished in a former auto-da-fé. She had married Don Francis de Vargas, lord of the borough of Higuera. She was taken to the secret prisons when her unfortunate sister declared that she was acquainted with her opinions, and had not opposed them; as if silence could prove that she had admitted the doctrine to be true. Jane Bohorques was six months gone with child; but this did not prevent the inquisitors from proceeding in her trial, a cruelty which will not surprise, when it is considered that she was arrested before any proof of her crime had been obtained. She was delivered in the prison; her child was taken from her at the end of eight days, in defiance of the most sacred rights of nature, and she was imprisoned in one of the common dungeons of the holy office. The inquisitors thought they did all that humanity required in giving her a less inconvenient cell than the common prison. It fortunately happened that she had as a companion in her cell a young girl who was afterwards burnt as a Lutheran, and who pitying her situation, treated her with the utmost tenderness during her convalescence. She soon required the same care; she was tortured, and all her limbs were bruised and almost dislocated. Jane Bohorques attended her in this dreadful state. Jane Bohorques was not yet quite recovered, when she was tortured in the same manner. The cords with which her still feeble limbs were bound penetrated to the bone, and several blood vessels breaking in her body, torrents of blood flowed from her mouth. She was taken back to her dungeon in a dying state, and expired a few days after. The inquisitors thought they expiated this cruel murder by declaring Jane Bohorques innocent, in the auto-da-fé of this day. Under what an overwhelming responsibility will these monsters appear before the tribunal of the Almighty!
CHAPTER XXII.
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 Valdés 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 Valdés, 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.