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.