The history of the popes, from the close of the middle ages : drawn ...

154 HISTORY OF THE POPES,
avail ;
although eight items of the prosecution were withdrawn
in the course of the investigation, there still remained fourteen,
and those the gravest, to be answered. The root of the
accusation lay in the wicked and repeated misuse of his
official position in the field of politics, as well as his conduct
in the murder of Violante. On the ground of a similar misuse
of his poHtical influence, the Duke of Paliano was also accused
of having been guilty of high treason. ^ The fact that this
aspect of the case was emphasized, caused the whole proceed-
ings to become a poUtical trial, with a very decided bias.
The choice of prejudiced judges effected the rest, and thus
it may well have happened that crimes were attributed to the
accused of which they were innocent. With justice did
Cardinal Carafa protest against the charge that he had kept
the secret agreement of Cave from his uncle's knowledge, nor
was it true when the Procurator Fiscal represented Paul TV.
as having always been a peaceably disposed Pope. It was
certainly unjust to attribute the whole responsibihty for the
war-like poHcy against Spain to Carafa. Nevertheless, a
great part of the blunders of those days could be traced to him,
and it was he, too, who had made war inevitable ; while Paul
IV. was following out idealistic aims, it is beyond doubt that
his nephew was principally animated by selfish motives. Yet,
however great may have been the influence exercised by the
prejudice of the judges during the trial, and although Cardinal
Carafa may have been accused of things of which he was
innocent, or only partly guilty, there still remained enough
to justify very strict measures being taken against him.^
On October 5th a copy of the reports of the trial was conveyed
to Cardinal Carafa. In such cases the law required that
prisoners on trial should have twenty days to prepare their
defence, a period which might be extended by fifteen, and
again by ten days more. For this purpose a copy of the
minutes of the proceedings must be given them. The prisoners
141.
^ See the excellent details in Angel, loc. cit., 102 scq., 118 seq.,
2 C/. Angel, Disgrace, 180-1.