Part 21

[39] The Inquisition was first introduced into Portuguese India in 1560; and into Spanish America in 1569 (at Panama). In 1570 it was established in Mexico, of which the Philippines were a dependency in religious as well as civil affairs. Felipe II's decree (January 25, 1569) establishing the Inquisition in the Indias, with other decrees regulating the operations and privileges of that tribunal, may be found in _Recopilación leyes Indias_ (ed. 1841), lib. i, tit. xix. Regarding the history and methods of the Inquisition, the following works are most full and authoritative: _Practica Inquisitionis hereticoe pravitatis_ (ed. of C. Douais, Paris, 1886), by Bernard Gui--himself an inquisitor; it was composed about 1321. _Historia Inquisitionis_ (Amstelodami, 1692), by Philippus van Limborch; English translations of this book were published at London in 1731, 1734, 1816, and 1825. _Anales de la Inquisicion de España_ (Madrid, 1812-13), by Juan A. Llorente, who was secretary to the Inquisition in Spain, and chancellor of the University of Toledo; translations of this book were published in English (London, 1826; and New York, 1838), and in other languages. _Historica critica de la Inquisicion de España_ (Madrid, 1822), also by Llorente. _History of the Inquisition_ (London and N.Y., 1874), by W.H. Rule. _The Jews of Spain and Portugal, and the Inquisition_ (London, 1877), by Frederic D. Mocatta, a Jew. _History of the Inquisition of the Middle Ages_ (N.Y., 1886), by Henry C. Lea. _Les sources de l'histoire de l'Inquisition dans le midi de la France au treizième et au quatorzième siécle_, by C. Douais, editor of Gui's work; it includes the _Chronique_ of Guilhem Pelisso, "the first written account of the Inquisition."

[40] _Relaxado_ (feminine, _relaxada_): a person abandoned by the ecclesiastical judge to the secular arm [_al brazo seglar_]; referring to the obstinate heretic who refused to abjure and do penance, or to him who after abjuration should relapse. _Confeso_ ("confessed") meant a Jew converted to the Christian faith.

[41] An oath taken by a person who has no bail, that he will return to prison when summoned.

[42] Referring to the established judge of ecclesiastical causes, the vicars of the bishops, or sometimes to the bishops themselves.

[43] There were only two chancillerias in Spain--those at Valladolid and Granada; they were originally one tribunal, which followed the royal court. They had cognizance of cases on appeal, cases of nobility, and cases regarding the inheritance of entailed property. These courts were abolished by the Constitution of 1812 and subsequent legislative enactments.--_A.P. Cushing_.

[44] _Casos de corte_: cases which, because of their importance, the amount involved, or the dignity of the parties, might in the first instance be tried in a superior court.--_Nov. Dice. lengua castellana_ (Gamier, Paris, 1897).

[45] Paragraphs enclosed in brackets contain brief synopses of the corresponding matter in the text which is purely technical, and not of sufficient special interest to justify giving it so much space in our pages.

[46] That is, not subject to the exemptions of the privileged orders.--_H.B. Lathrop_.

[47] A receptor is an escribano (clerk, or scrivener) who by special commission or authority from a tribunal proceeds to perform certain judicial functions.--_A.P. Cushing_.

[48] Spanish, _en los casas de fuerça hechas por jueces eclesiasticos._ _Fuerza_ is injury committed by an ecclesiastical judge in (1) hearing a case which does not come within his jurisdiction; (2) non-observance of rules of procedure; or (3) unjust refusal to allow an appeal. In such cases the aid of the secular courts may be invoked, by the _recurso de fuerza_; and thus cases were brought before the Audiencia, as above in section 7.--_A.P. Cushing_.

[49] In _Recopilación leyes Indias_ (ed. 1841), lib. i, tit. xx, may be found the royal decrees issued from 1537 to 1640 regarding the operations of the Holy Crusade in the Spanish colonies.

[50] A word originating in Hayti, signifying "princes" or "chiefs"--quite naturally extended, by a Spanish clerk or secretary, to the chiefs of Filipino tribes.

[51] This is the only case in which the amount of a fee is prescribed in this instrument, except for officials peculiar to the region; the tariff (_arancel_) of Spain is to be followed, as a rule.--_H.B. Lathrop_.

[52] This clause forbids the counsel to take a contingent fee.--_H.B. Lathrop_.