AUDIENCE FOR PUBLICATION.
In the Royal Palace of the Inquisition of Barcelona, on the seventeenth day of June, one thousand six hundred and thirtyseven, the Inquisitor, Dr Domingo Abbad y Huerta presiding sole in his morning audience, ordered the abovementioned Leonardo Phelipe to be brought out of prison; which being done, he was
Questioned, if he remembered anything relating to his affair, which he was bound by his oath to divulge.
Answered, that he had nothing more to say.
He was then informed that the Promotor Fiscal of this Holy Office was about to demand publication of the testimony against him, before which it would be well for him to confess the whole truth, by which means his trial should be despatched with all brevity and mercy.
Answered, that he had nothing more to say.
Straightway appeared the Secretary, Mattheo Magre, who officiated as Fiscal, and requested publication of the testimony against the said Leonardo Phelipe according to the style of the Holy Office. The Inquisitor then ordered the said publication to be made, concealing the names and other circ.u.mstances of the witnesses which might lead to a discovery of their persons, according to the instructions and style of the Holy Office.
[_Here follows the publication, and the answers of the prisoner, corresponding with what has already been given._]
The Inquisitor then directed him to be furnished with a copy of the above publication, that he might, with the a.s.sistance of his counsel, reply thereto on the third day. Whereupon being admonished to bethink himself and declare the truth, he was remanded to prison.
Before me--
MIGUEL RODRIGUEZ.
AUDIENCE TO COMMUNICATE THE PUBLICATION.
In the Royal Palace of the Inquisition of Barcelona, on the twentysecond day of June, one thousand six hundred and thirty seven, the Inquisitor, Dr Domingo Abbad y Huerta presiding sole in his morning audience, ordered the above Leonardo Phelipe to be brought out of prison; which being done, he was
Questioned, if he remembered anything relating to his affair, which he was bound by his oath to divulge.
Answered, that by reason of the troubles which arose in his house, he had sometimes broken out into swearing, saying, "the devil take me if this is not true."
He was then informed that Dr Francisco Magrinya, his advocate was present, with whom he might communicate respecting the publication, and other matters of his defence. The publication and the answers of the prisoner, &c. were then read to the said Dr Francisco Magrinya, who drew up articles of defence upon a paper prepared by the Secretary. Here the audience closed, and the prisoner being admonished to bethink himself, was remanded to prison.
Before me--
MIGUEL RODRIGUEZ.
AUDIENCE FOR THE DEFENCE.
In the Royal Palace of the Inquisition of Barcelona, on the twentyfifth day of June, one thousand six hundred and thirtyseven, the Inquisitor, Dr Domingo Abbad y Huerta presiding sole in his morning audience, ordered the above Leonardo Phelipe to be brought out of prison; which being done, he was
Questioned, if he remembered anything relating to his affair, which he was bound by his oath to divulge.
Answered, that he had nothing more to say.
He was then informed that Dr Francisco Magrinya, his advocate, was present, and had arranged his defence, which he might examine. The said Dr Francisco Magrinya then read to him certain articles which he had drawn up in his favor, and this having been heard by the prisoner, he declared that he made a presentation of the same, and requested an examination of the witnesses named in the margin, and that the other investigations referred to might be made.
DEFENCE.
MOST ILl.u.s.tRIOUS SIR--
Although Bernardo Phelippe, an inhabitant of the city of Tarragona has no necessity for any defence against the charges of the Promoter Fiscal of this Holy Office, yet the more clearly to show his innocence, and premising expressly that what he declares against the witnesses is not with an intention to injure or defame them, but solely to defend himself, _onere superflux probationis rejecto_, he offers the following:--
1. It is not true that he has abjured, sworn or blasphemed the head of G.o.d, or uttered any other blasphemies, which statement is the truth.
2. It is not true that he has neglected to hear ma.s.s on the Sundays and holidays appointed, or neglected to confess and take the sacrament every year, or been excommunicated on such account; which is the truth.
3. The witnesses who depose against him, turn all his oaths into swearing, "by the head of G.o.d," which is the truth.
4. Even though, (_quod expresse negat_) he may have at sometimes sworn "by the head of G.o.d," yet it was done in the heat of pa.s.sion, and inasmuch as _de jure prima motus non sit in homine_, nothing bad can be imputed to him, which is the truth.
5. In addition to this, the above witnesses are single witnesses, disagree among themselves, and are not deserving of credit, inasmuch as _non det fides testibus singularibus_, which is the truth.
6. The prisoner, although a Frenchman, is still a good Christian, and not at all of suspicious faith. He hears ma.s.s on the Sundays and holidays appointed, as many can testify who have seen him; which is the truth.
7. He also confesses and takes the sacrament every year at Easter, and other times at the hands of the Guardian of the Convent of St Francisco and the Sacristan, as may be seen by his certificate of confession given at the last Lent, and which he now presents as a testimonial in his favor solely; which is the truth.
8. There is also the same reason for believing that he has confessed on every Easter, as can be seen by the books of confession kept by the Curates; which is the truth.
9. He who states one falsehood is not to be believed in any other a.s.sertion, and inasmuch as the witnesses against the prisoner affirmed that he did not confess throughout the year, but was excommunicated, and declared so, for not complying with the ordinances, and that he did not wear a rosary, all which has been shown to be false by his certificate, and the rosary found upon him; for this reason they cannot be believed, when they state that he does not hear ma.s.s, and that he swears and blasphemes; which is the truth.
10. The prisoner suspects that one of the witnesses against him is a young man of about twenty years of age, and a mortal enemy of the prisoner. This, added to the circ.u.mstance of his being a minor, should cause his testimony to be rejected; which is the truth.
11. The testimony of the other witness also should be rejected, as he supposes this person to be his wife, who leads a quarrelsome life with him, and bears him great enmity; which is the truth.
12. The prisoner supposes that the cause of the misfortune in which he now finds himself, is, his having given his wife a good beating on the festival of the Resurrection, on which account she probably has directed her malice against him, and suborned the other witnesses; which is the truth.
13. The same hatred is borne against him by Joseph Lleonart, his son, on account of the prisoner"s having p.a.w.ned an anvil, at which his son was displeased; which is the truth.
14. The said Bernardo Phelippe is reputed throughout all the city of Tarragona to be an honest man and a good Christian, attending ma.s.s at the church with much punctuality on the days appointed, and confessing and taking the sacrament at the proper time, as proved by his certificate; which is the truth.
15. The said Bernardo Phelippe has never been imprisoned or punished by this or any other tribunal; which is the truth.
16. From all which it appears that the said Phelippe is free from all the offences charged upon him, and ought to be absolved and released from the prison in which he is confined, experiencing mercy, which also would be justice, _vel alias omni meliori modo quod de jure sibi adaptari valeat, et verum_.
17. _Ponit quod omnia et singula sunt vera, super quibus jus diei et just.i.tiam ministrari postulat, et verun._
F. MAGRINYA.
The Inquisitor ordered the above to be placed among the proceedings of the trial, and declared that he was ready to make the necessary investigations. Whereupon the prisoner, being admonished, was remanded to prison.
Before me--
MIGUEL RODRIGUEZ.
TO THE CANON JOAN FERRER, COMMISSARY.