to witnesses. It is therefore only necessary to remark that it excludes no one from giving evidence, in the same manner as no one is excluded or even dispensed from denuncia, tion.

In order to establish the full proof, although two concurring witnesses are requisite be sides the denunciator, those who do not concur but depose respecting different acts of heresy are sufficient for the infliction of the extraordinary penalty, and even for the abju ration and the infamy which accompanies it.* The suppression of the names of the witnesses permitted by the decretals, only when it was apprehended that injury might result to them owing to the culprits being persons of power, has been converted into a general rule by the inquisitors, and has even been extended to all kinds of causes. Notwithstanding this

* Massini, Prattica della S. Inquisizione, part x. Avvert. lxxxix. "Benché i testimoni singulari non provano l'eresia ad effetto di condannare il reo con pena ordinaria, sono peró bastevoli a cagionare che se gl'imponga qualque straordinaria pena o penitenza ed anco la purgazione canonica."

+ Instrucciones de Sevilla del año 1484, § 16. The Order of Process, fol. 17, contains these words, “In causes which are not of heresy and contain no suspicions thereof, some variation usually occurs; but the parties

measure is so fraught with danger, the tribunal has considered it so necessary to its own ends, that in Germany at a time when the treasury was exhausted, the converted Jews offered Charles V. the sum of 800,000 crowns of gold if he would consent to regulate this practice by the usages of the other courts of justice. This proposal was rejected by the prince in condescension to the Inquisitor General, Cisneros, who represented to him the great inconveniences that would arise from such a change.* We ought not to be astonished at such a line of conduct. Whoever contemplates the scientific productions and the conduct of our literary characters of the 16th century, at the same time that he acknowledges their really great learning compared with the state of science in those days, will not fail to discover in most of them a certain tincture of superstition, from which even the above distinguished Cardinal was not altogether free. The prisoner consequently never knows who is his accuser, nor who are the witnesses to support his impeachment, for the court takes the utmost precaution to

are not cited to see the oath administered, and the names of the witnesses are kept secret."

* Páramo, De Orig. S. Inquisit. lib. ii. tit. iii, cap. ii. n. 9.

Plate III

The Culprit recognized by witnesses in masks.

keep him in the dark. He is thus deprived of every means of being confronted with his adversaries, in those weighty cases in which all other courts would consider this measure as absolutely necessary. It is only when any doubt has arisen respecting the identity of his person that the witnesses view him from a secret place where they cannot be seen, which operation is called per rimulas; or else they are brought before him with masks on their faces and covered with cloaks from head to foot.* (Vide Plate III.)

f

* Massini, Prattica della S. Inquisizione, part ii. In Italy the confronting with various witnesses was usually performed in distinct acts, and the culprit was placed in a circle with other persons, to see whether they hit upon him. This last measure, also used in other tribunals, is strongly recommended by Massini; but in my opinion there is no necessity for it in the case in question. It might be requisite when the inquisitors doubted whether the culprit was known to the witnesses, but here the doubt is whether the latter tells a falsehood when he denies being the person the former affirms he is. The regulation of the Portuguese Inquisition (lib. ii. tit. iii. n. 7.) is more correct, since dispensing with both these formalities, it only requires that the witnesses be not known to each other; and this end is answered by their being placed in the position represented in the above plate. The Spanish Order of Process, fol. 26, simply says that the culprits are not to be confronted with the witnesses.

VOL. I.