Pegna himself reveals the fact, when he finds it necessary further to justify these practices precisely because they were not in use in the civil courts:
“Perchance the authority of Aristoteles—who out of the bosom of Paganism condemned all manner of dissimulation—may be opposed to us, as well as that of the jurisconsults who disapprove of artifices of which judges may make use to extract the truth. But there are two forms of artifice: one addressed to an evil end, which must not be permitted; the other aiming at discovering truth, which none could blame.”[106]
When confession has been obtained it would be idle, Eymeric points out, to grant the delinquent a defence. “For although in civil courts the confession of a crime does not suffice without proof, it suffices here.” The reason advanced for this is as specious as any in the “Directorium”: “Heresy being a sin of the soul, confession may be the only evidence possible.”
Where an advocate was granted to conduct the defence of an accused, we have seen in Art. XVI of Torquemada’s “Instructions” that he was under the obligation to relinquish such defence the moment he realized the guilt of his client, since by canon law an advocate was forbidden to plead for a heretic in any court, civil or ecclesiastical, or in any cause whatsoever—whether connected with heresy or any other matter.
On the subject of witnesses, it should be added to what already has been said in the previous chapter that the Inquisition, whilst admitting the testimony of any man, even though he should be excommunicate or a heretic, so long as such testimony was adverse to the accused, refused to admit witnesses for the defence who were themselves tainted with heresy.
Since to bear witness in defence of a person charged with heresy might result in the witness himself becoming suspect, it will be understood that witnesses for the defence were not easily procured by the accused.
CHAPTER XII
THE JURISPRUDENCE OF THE HOLY OFFICE—THE AUDIENCE OF TORMENT
Eymeric’s cold-blooded directions for leading an accused who refused to confess into contradictions that should justify his being put to torture have already been considered.
The inquisitors could not proceed to employ the question—as the torture was euphemistically called—save under certain circumstances prescribed by law; and the strict letter of the law, as you have seen, and as you shall see further, was a thing inviolable to these very subtle judges.