according to the order laid down in the instructions,
it will suffice to send such information without making any arrest
or taking other steps. The commissary shall also send information
concerning the person's birth-place, station in life, means, and
the real estate that he owns in this country, or in Espana. He shall
notify us, in case such person comes here, so that we may deal with
him as the nature of his offense demands.
17. As for the judicial proceedings in matters which concern
the Holy Office--whether they be settled, or informal, or pending
official transactions--which other courts submit to the Holy Office,
whether at the instance of the attorney-general or by agreement,
all original documents must be delivered, without retaining a copy
of any; oath to this effect will be made by the apostolic notary or
by the royal scrivener who hands them over. Since suits which do
not belong to the Holy Office are sometimes thus handed over, the
commissary shall, on account of the danger that they may be lost at
sea, not send documents until he shall first examine them. If they
clearly prove to be cases not belonging to the Inquisition, he shall
return them to the owners. In case of doubt, the commissary shall
send an account of the offense, with the evidence, and the status
of the process--saying whether it is decided or pending, and whether
informal or received on trial; he will also report as to the rank of
the accused person, and whether at the time any arrest has been made,
or will be made in the future. Ordinarily, whether the case be one of
bigamy or of some other crime, the commissary shall proceed as stated
in the two preceding clauses. If he should not be sent as prisoner,
it will not be right to do so until his offense be investigated
here; accordingly the commissary may discharge him under bail or
under juratory security. [41] If the accused is unable to provide
security, the commissary shall command him not to leave the city,
town, or province where the crime occurred and where he owns property,
under severe penalties of excommunication, and pecuniary or bodily
punishments, suitable to the person's station. If such person wishes
to come to this country, he can do so by offering the same bail or
security to the Holy Office; but he must first be warned not to make
the journey if other matters render such a step unsuitable. He shall
be assured that in his absence his trial and his honor will receive
the same a
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