Section 812

first of Castile, and aftenvards of Aragon. j' This man, who concealed more pride under his monastic weeds than might have fiirnislied forth a convent of his order, was one"of that class with whom zeal passes for religion, and who testify their zeal by a fiery persecution of those whose creed differs from their owni; who compensate for their abstinence from sensual indulgence by giving scojie to those deacUier vices of the heart, pride, bigotrj^ and intolerance, which are no less opposed to virtue, and are far more extensively mischievous to society" (Pres- cott. i, 247). Torquemada at once set about his work, appointing his assessors, and erecting subordinate tribu- nals in different cities of the imited kingdom. Over tlie whole was placed the Council of the Supreme, con- sisting of the inquisitor general as president, and three counsellors, two of whom were doctors of law. His next employment was the formation of a body of laws for the government of his new tribunal. This appeared in 1484 ; additions to it followed from time to time ; and as a di- versity of practice had crept into the subordinate courts, the inquisitor general Yaldes in 15G1 made a revisal of the whole code, which was published in eighty-one ar- ticles, and continues, with the exception of a few slight alterations, to be the law to this day. They are sub- stantially as follows: the accused was invited three times edktuliter to appear. If he did not come before the tribunal, he was excommunicated in contumaciam, and condemned to pay a fine, under reservation of more severe punishment if the Inquisition saw fit to apply such. Seldom did any one escape, for familiars, the holy Hermandad, and the Congregation of the Cruciada tracked mercilessly all who were denounced to the Inqui- sition. If the accused appeared before the court he was at once seized, and from that moment all his relations and friends were to abandon him as an outlaw, and he was not even permitted to give proofs of his innocence. The prisoner and his house were now thoroughly search- ed, especially for papers or books, a list taken of all his possessions, and. in general, his goods sequestered a.; once, to provide beforehand for the expenses of his trial. His hair was cut to make his recognition more certain in case he should escape, and he was placed in a dark cell. If he confessed his real or imputed sin, he did indeed es- cape with his life, as his confession was considered a proof of repentance, but he and all his family were dis- honored, and became incapable of holding any othce. If he asserted his innocence, and there was not sufficient proof against him to condemn him, he was liberated, but carefully watched by the fumili< ires as an object of suspicion, and generally was soon arrested a second time. Now commenced against him the real, slow trial of the In<iuisition, conducted after the Directorium Inqiiisitori- um of the grand inquisitor of Aragon, Nicolas Eymeri- cus. AVlien the prisoner refused to acknowledge his fault at the first interrogatorj-, he was remanded to pris- on ; after many months he was again brought forth, and asked to swear before a crucifix that he Avould tell the truth. If now he did not confess, he was immediately considered guilty, otherwise he was plied with leading questions until thoroughly bewilderetl. The defensor was not allo\ved to take his client's part, but only to in- vite him to declare the truth. Witnesses were not named, and their testimony, the truth of which they were not romired to prove, was only made known in dis- connected fragments, and years after it had been given. Any sort of testimony was admitted. Two witnesses who would only testify of a hearsay were considered equivalent to an eye-witness. The accuser was exam- ined as a witness. Friends and members of the family were also admitted to testify, but only against the pris- oner, never in his favor. If the accused still persisted in asserting his innocence, he was now tortured by the whip, the water, and fire, under the direction of the in- quisitors and the bishop of the diocese. If the prisoner then confessed, he was tortured a second time, to make him declare his motives, and afterwards a third time, to make him name his accomplices; and when the in-