Questioned, if he remembered anything relating to his affair which he was bound to divulge, in all truth, and to discharge his conscience.
Answered, that he had nothing more to say.
The prisoner was then informed that in the audiences which had already been given, he had been admonished on the part of G.o.d our Lord, &c.
[_The whole repeated as before._]
Answered that he had nothing more to say.
The prisoner was then notified that the Promotor Fiscal[14] of this Holy Office had an accusation to bring against him, before which he would do well to declare the whole truth, as he had already been admonished, in which case, he would experience more fully the mercy which the Holy Office ever extends to those who confess freely; otherwise the Fiscal would attend and proceed to the accusation.
Straightway appeared Doctor Francisco Gregorio, Promoter Fiscal of this Holy Office, and presented the accusation, signed by himself, against the said Pedro Ginesta, making oath that it was not done out of malice; which accusation was as follows:--
ACCUSATION.
I, Doctor Francisco Gregorio, Fiscal of this Holy Office, appear before your Excellency, and accuse criminally, Pedro Ginesta, brazier, a native of the village of Orliach, bishopric of St Flor, in Ubernia, in the kingdom of France, resident in this princ.i.p.ality, attached to the secret prison of the Inquisition, and now present,--stating that the said person, being a baptized and confirmed Christian, and enjoying the graces and benefits which such persons do and ought to enjoy, not having the fear of G.o.d before his eyes, but regardless of his own conscience and the justice administered by your Excellency, has committed offences against our Holy Faith, by saying and performing things which savour of the heretic Luther, in the manner following.
The said prisoner being in a certain part of the village of Semiana in the bishopric of Urgel on the fast of St Bartholomew last, in company with another certain person, did cause to be cooked a dish of bacon and onions; and, being reminded to take heed, for it was a fast, and such food was forbidden, replied by ordering the meat to be cooked, and in fact when the said meat was cooked, did proceed to eat the same, in company with the other person mentioned, and notwithstanding he was informed by another person while eating, that it was St Bartholomew"s day, and a fast, at which time it was not allowed to eat such food, the said prisoner continued to eat the remainder of the said bacon.
Furthermore, the said prisoner being of a nation infected with heresy, it is presumed that he has on many other occasions eaten flesh on forbidden days, after the manner of the sect of Luther, and committed many other offences against our Holy Faith, besides knowing that others have committed the same offences, and the said prisoner having been admonished by your Excellency to declare the truth, has not done it, but has perjured himself.
For which reasons I entreat your Excellency that full evidence being given to my accusation, or to such a part of the same as shall suffice for the ends of justice in the decision of the present case, your Excellency will declare my accusation proved, and the said Pedro Ginesta guilty of the above offences, imposing upon him the heaviest punishments fixed by statute upon the said offences, and ordering them to be executed upon his person and goods, as a penalty to himself and an example to others; and that the prisoner, if it be found necessary, be put to the torture, and that the same be repeated till he confess the whole truth both of himself and others.
And I formally swear that I do not bring this accusation out of malice, but solely to accomplish the ends of justice, which I now request at your hands.
DR FRANCISCO GREGORIO.
This accusation having been presented and read, the said Pedro Ginesta was formally sworn to declare the truth in answer to every interrogatory relating thereto. The accusation being read over, article by article, he answered as follows:--
To the head of the accusation, he answered that he was the same Pedro Ginesta whom the Fiscal accuses, but had never committed any offence against our Holy Catholic Faith, nor done, nor said anything which pertained to the sect of Luther or any other heresy.
To the first article he answered, confessing that he had eaten bacon and onions on the said eve of St Bartholomew, and that although it was true he had been reminded that it was a fast, he had forgotten it, and on being again told of it while at his meal he immediately left off eating; that the person who ate with him was a young man, son to Borbon Merchante; that he did not do the above act out of disrespect to the Church or its precepts, well knowing that it was forbidden to eat flesh on such days, which regulation he had observed throughout his life, and remained in the determination to observe, believing in all the doctrines taught by the holy Catholic Roman Church. Here the prisoner fell upon his knees and declared that he had offended through forgetfulness.
To the second article he answered, that he had never at any other time committed the same offence, nor had he concealed the truth as to this point, either respecting himself or his companion, being an obedient son of the Church.
To the conclusion of the accusation, he answered that even if he were put to the torture, he could not declare anything further, and that he had offended, not from any bad intention, but through forgetfulness, occasioned by his great age.
The above is the truth according to the oath of the prisoner, and being read in his presence, is declared by him to be correctly recorded.
The Inquisitor, DR DOMINGO ABBAD Y HUERTA.
Before me--
MIGUEL RODRIGUEZ.
The Inquisitor then ordered him a copy of the accusation that he might, within three days, make arrangements for his trial and defence by conferring and agreeing with one of the lawyers who are counsel for those persons tried by the Holy Office, namely, Doctor Magrina, priest, and Micar Morato, giving the prisoner liberty to make choice of either.
The prisoner made choice of Dr Magrina, on which the Inquisitor ordered him to be summoned. The audience then closed, and the prisoner being admonished was remanded to prison.
Before me--
MIGUEL RODRIGUEZ.
AUDIENCE FOR COMMUNICATION OF THE ACCUSATION AND EVIDENCE.
In the Royal Palace of the Inquisition of Barcelona, on the twentieth day of September, one thousand six hundred and thirtyfive, the Inquisitor, Dr Domingo Abbad y Huerta being at his morning audience, ordered the above Pedro Ginesta to be brought from prison, which being done, and the prisoner present, he was
Questioned, if he remembered anything which he was bound to declare, according to the oath he had sworn.
Answered, that he had nothing more to say.
The prisoner was then informed that Dr Francisco Magrina, whom he had selected for his counsel, was present, with whom he might confer, and make arrangements for his defence.
Dr Francisco Magrina was then sworn _in verbo sacerdotis_, to defend well and faithfully the said Pedro Ginesta, to inform him if his case was not on the side of justice, to do everything which a good advocate is bound to do, and to preserve secrecy throughout.
Then were produced and read, the several confessions of the said Pedro Ginesta, made from the eighteenth of this month to the present time, with the accusation, and the answers of the prisoner. These he examined, and conferred with the prisoner respecting his case, counselling him, as the best defence which could be made, to confess the whole truth, and if he had been guilty of any offence, to beg for pardon; by which means, he might obtain mercy.
The said Pedro Ginesta replied that he had declared the whole truth as appeared by his confessions, that beyond this he denied everything contained in the accusation, and in consequence begged to be acquitted and set at liberty.
The Inquisitor then ordered a copy of the above to be given to the Promoter Fiscal of the Holy Office, who declared, that, confining himself to what he had stated in his accusation and to the matter contained in the confession of the prisoner, he requested that they might proceed to the proofs. The Inquisitor replied that the cause should be judged definitively, and the proofs on both sides received _salvo jure impertinentium et non admittendorum_, according to the style of the Holy Office, and the same was notified to both parties.
The Promotor Fiscal then declared that he reproduced the testimony which had been received and registered against the said Pedro Ginesta in this Holy Office, which testimony he desired might be examined and ratified in form; and also that all other necessary investigations might be made and the testimony published; whereupon the audience closed, and the prisoner being admonished to bethink himself well, and declare the truth, was remanded to prison.
Before me--
MIGUEL RODRIGUEZ.
AUDIENCE FOR THE PUBLICATION OF THE TESTIMONY.
In the Royal Palace of the Inquisition of Barcelona, on the sixth day of October, one thousand six hundred and thirtyfive, the Inquisitor, Dr Domingo Abbad y Huerta, being at his morning audience, ordered the above Pedro Ginesta to be brought from the secret prison, which being done, and the prisoner present, he was
Questioned, if he remembered anything which he was bound to declare according to the oath he had sworn.
Answered, that he had nothing more to say.
The prisoner was then informed that the Promotor Fiscal of the Holy Office had requested a publication of the testimony against him, before which it would be well for him to declare the whole truth, as this would cause him to experience more benignity and mercy.
Answered, that he had nothing to add to his former confessions; that it was true that he had eaten bacon on St Bartholomew"s eve, but had done it through ignorance, not knowing it to be a fast; that he begged pardon for his offence, having all the rest of his life conducted in a different manner.
Straightway appeared the Promoter Fiscal and requested publication of the testimony against the said Pedro Ginesta according to the style of the Holy Office. The Inquisitor ordered the publication to be made, concealing the names of the witnesses and other circ.u.mstances which might cause their persons to be known, according to the orders and style of the Holy Office, which was done in the manner following.
_Publication of the testimony against Pedro Ginesta, native of the village of St Quinti, diocese of St Flor, in the kingdom of France._
A certain witness, sworn and qualified in the proper time and manner in the town of Tremp, bishopric of Urgel, on a certain day of the month of August, in the present year sixteen hundred and thirtyfive--declares, &c. [_Here follows the testimony of Joan Compte as given before._]
Another witness sworn and qualified in the proper time and manner in the town of Semiana, &c. [_Here follows the testimony of Geronima Aymar._]
Another witness &c. [_All the other testimony repeated._]