658 THE POPULAR SCIENCE MONTHLY. 



double sin of the deceased, denies him respectable burial (honesta 

 sepultus), and dooms the poor remains to dog-burial (canina se- 

 pultus) at some cross-roads, with or without a stake driven 

 through. It then proceeds to render his family infamous by at- 

 tainder and to impoverish his heirs by confiscation of all their 

 property. There being nothing left to destroy, Theresa's code 

 here suspends hostilities against the suicide. 



In the gradation of crimes, blasphemy was held infinitely 

 worse than all others ; while second in enormity was apostasy 

 from the ruling faith. This is carefully limited to those who 

 have been within the fold and have backslidden, thus excluding 

 the different offense of heresy. The omission of heresy from the 

 book shows that it fell within the special province of ecclesias- 

 tical courts, or else that there was a glimmering of spiritual tol- 

 eration in those days. 



The third great class of crimes, transcending in awfulness trea- 

 son, murder, and all that follow, comprised the imaginary delu- 

 sions called magic, witchcraft, and sorcery. There is an extreme 

 effort made in this chapter by the solemn wise men of 1769 to be 

 very judicious, calm, and reasonable. A full translation of this 

 treatise on the ghastly joke called witchcraft, would form an 

 exquisite satire on the self-complacent wisdom of that or any 

 other age. It enjoins on judges great care to avoid the errors and 

 foolish superstitions of the ignorant lower classes, and warns them 

 never to convict, except upon positive proof that the accused is 

 a genuine witch or sorcerer. It argues and establishes the actual 

 existence of the black art, the evil eye, and possession by devils. 

 Then it sets all the wheels and screws of torture at work against 

 " all those God-forgetting wretches who commune with the devil, 

 raise great storms, bring about cattle-plagues, or go sailing 

 through the sky upon a goat." 



The forty-odd other classes of crimes follow in descending or- 

 der, each having a little chapter containing its special code and 

 commentary, with the following usual subdivisions : 



Definition and general principles of the offense. 



Different gradations of its enormity. 



Amount and character of evidence necessary for issuing the 

 warrant and arresting the suspect. 



Evidence requisite to show probability of guilt and justify use 

 of torture on trial to secure confession. 



List of special interrogatories for each crime, to be used before 

 and during torture. 



General and special directions to the magistrate for unusual 

 cases. 



List of possible circumstances tending to aggravate the offense 

 and calling for additional severity. 



