some are accustomed to send their denunciations through memorials,
with or without their signatures, or by letters-missive; but, since
these persons write them under no pressure or oath, and without the
presence of a judge or a notary, they expand their accusations to the
detriment of their neighbor's reputation. therefore the commissary
ought to avoid as much as possible the acceptance of such letters
and memorials, and shall order the witnesses to declare under oath
what they know of the matter, in order to free their consciences,
and shall examine them concerning the facts. |
|
| if the acceptance of
such a letter cannot be avoided, the person who writes it should be
summoned and made to acknowledge it under oath before a notary, after
which he should be examined about the letter. if the letter be written
from a distant place, the rule in the preceding clause can be followed. likewise some persons, moved by passion more than by commendable
zeal, are wont to denounce others on the ground that they are
_confessos_, and therefore not entitled to wear silk, carry weapons,
ride on horseback, or do other things forbidden to them by laws and
royal ordinances of these realms, as well as by the instructions of the
holy office, as likewise is set forth in the edict. |
| the commissary may receive denunciations from these
three classes of persons, and send them to the holy office, without
making any arrest, issuing interdicts, or taking other steps. on the
contrary he will maintain great secrecy, and charge the witnesses to
do the same. as for other persons denounced as confessos, since they
are not in the said class, nothing will be written. on the contrary,
the same secrecy will be imposed upon the witnesses and they shall
be very kindly admonished to be silent, and not to slander their
neighbors, informing them that the holy office will take no offense
at what they have testified. the heading of the charge made against any person must begin
with the words of the first witness, and not, as is customary with
ordinary judges in these regions, the formula, that it has come to
his notice," etc.--inserting first what he has heard concerning the
crime from any witness. when the commissary receives documents of
many clauses from this holy office for the investigation of different
matters and against many persons, he will place as introduction to
the inquiry that he makes in each case that clause of the document
which applies to the matter in question, legalized by the notary. |
| any arrest made by the holy office is a matter of much reproach
and dishonor for that person, and of no less damage and injury to
his property; therefore an arrest should be made with prudence, care,
and for just cause. authority for this is not given to the commissary,
who neither should nor can arrest a person except in special cases,
and by a special order entrusted to him against the person who is to
be arrested; and even then, the commissary must see that the purport
of the said order be executed, without exceeding it. |
| the crime of bigamy is very frequent in this country, so that it
behooves all commissaries to make diligent inquiry concerning it, and
to punish the crime. if the ecclesiastical or secular court arrest any
one for this crime and proceed against him, let them administer justice
freely and without hindrance. if they refer the case to the commissary
without charge, and without his making any effort for such remission,
the latter shall say that it is very well, and that they may refer
and send the case to this holy office at their own expense--or at
that of the prisoner, if he be well-to-do. if they still urge him to
receive the case there, that it may be sent by the order and at the
expense of the holy office, the commissary shall answer that he has
no orders from us for such action. |
| if, dissatisfied with this answer,
they ask permission to inflict punishment there, he will answer that
they may investigate the matter, and may do justice according to
law. after that he will allow no more arguments on the question. this clause applies when the said courts have anticipated the case
by the arrest of the accused person; for if the latter were free,
and through information received from witnesses his two marriages
were proved, and the existence of the first wife at the time of the
second marriage, which constitutes the crime, the commissary shall
arrest and remand to the person thus proved guilty--sending
with the prisoner the information or original record, but retaining
there an authenticated copy of it. |
| . .. |