Toulouse 697practicing their old religion in secret, even when they had
been baptized. He was involved in the creation of an
INQUISITION in Spain in 1478 but did not personally
become an inquisitor himself until 1483.
Eventually, with the support of the rulers, Torque-
mada, however, rapidly did take charge of the Inquisition.
In 1485 he acquired the right to appoint its judges with-
out referring them to a pope and from 1488 assumed the
title of inquisitor-general. He also pursued the alleged
practitioners of WITCHCRAFT and HERESY. To uncover
these alleged crimes, he endorsed TORTURE. He made the
Inquisition into an effective means for prosecuting and
persecuting new converts by his personal interest in pre-
cise examinations and questioning techniques. He was
probably behind the expulsion of the JEWSfrom Spain in
1492 soon after the conquest of GRANADA. Uncomfortable
with the extent of his control of the Inquisition, the
PAPACYadded deputies in an attempt to limit his power.
He retired to a convent in Avila and died there on
September 16, 1498, still nominally in charge of the
Inquisition. He was hated by many and acquired a justifi-
ably sinister reputation for cruelty, although the docu-
mentation for this is unclear.
Further reading:Thomas Hope, Torquemada, Scourge
of the Jews: A Biography(London: G. Allen & Unwin,
1939); John Edward Longhurst, The Age of Torquemada
(Sandoval, N.M.: Coronado Press, 1962); Benito Perez
Galdos, Torquemada,trans. M. López-Morillas (New York:
Columbia University Press, 1986); Benzion Netanyahu,
The Origins of the Inquisition in Fifteenth Century Spain
(New York: Random House, 1995); Rafael Sabatini,
Torquemada and the Spanish Inquisition: A History,6th ed.
(London: S. Paul, 1927).
torture The medieval rules for torture in criminal pro-
cedure had their origins in Roman law in the second cen-
tury and are mentioned in the THEODOSIANCODEof 438
and that of JUSTINIANin 534. The “barbarian” tribes did
not use it except on slaves. The Romans generally limited
its use to slaves and noncitizens. During most of the ear-
lier Middle Ages, the truth was sought by means of magi-
cal legal practices and rites such as the ORDEAL. In the
12th century the church began to question the magical
properties of the ordeal and the resurgence of Roman legal
procedures validated torture as a legal practice. The Italian
towns were among the first to employ it in their criminal
courts, although monarchs such as FREDERICKII soon
allowed it. Torture was still not systematically employed
and was limited to notorious crimes. However, the INQUI-
SITIONin 1233 saw its usefulness in eliciting truth, or at
least what the inquisitor wanted to hear, so Pope INNO-
CENTIV gave it official approval in 1252. It became a way
to force heretics to recognize their guilt and name their
accomplices. However, mutilation, bloodshed, and death
were forbidden in this process of examination.
At first administered in the absence of clerical
inquisitors, torture was soon practiced in their presence
and under their direction. Its use was not systematic and
the manuals of inquisitors even began to doubt its effec-
tiveness in eliciting truth from guilty parties. The influ-
ence of this ecclesiastical inquisitorial procedure on
secular courts of JUSTICEand procedures was strong from
the second half of the 13th century. From then torture
was applied in royal courts throughout Europe, but much
more rarely in ENGLAND.
Further reading:James Heath, Torture and English
Law: An Administrative and Legal History from the Planta-
genets to the Stuarts(Westport, Conn.: Greenwood Press,
1982); Michael Kerrigan, The Instruments of Torture: A
History(Staplehurst: Spellmount, 2001); John H. Lang-
bein, Torture and the Law of Proof: Europe and England in
the Ancien Régime(Chicago: University of Chicago Press,
1977); H. C. Lea, Superstition and Force: Essays on the
Wager of Law, the Wager of Battle, the Ordeal, the Torture,
3d ed. (Philadelphia: H. C. Lea, 1878); Edward Peters,
Torture,expanded ed. (Philadelphia: University of Penn-
sylvania Press, 1996).Totila(Baduila)(r. 541–552)Ostrogothic king of Italy
From his election to the throne by Gothic nobles, Totila
had to fight against the Byzantine generals BELISARIUSon
his second expedition and Narses (ca. 478–568), sent by
JUSTINIANto conquer ITALY. Recruiting slaves and peas-
ants as soldiers, he skillfully recovered central and south-
ern Italy from the BYZANTINEEMPIREin 540, capturing
NAPLESin 541 and ROMEin 546 and even employing a
Gothic navy. His lenient treatment of prisoners of war
captured in the Byzantine war attracted many of these
soldiers to serve him when their own commanders failed
to pay them. Belisarius returned to Italy and recaptured
Rome for the Byzantines; but at his recall in 549, Totila
retook the city. Failing in his offers of peace with Jus-
tinian and defeated in 552 in a battle at Sena Gallica,
Totila was killed, perhaps by an arrow, in the Battle of
Busta Gallorum or Teginae in June or July of 552. When
his successor was also defeated by Narses, the Ostro-
gothic kingdom ended.
See alsoOSTROGOTHS;PROCOPIUS OFCAESAREA.
Further reading: Thomas Burns, A History of the
Ostrogoths (Bloomington: Indiana University Press,
1984); Peter Heather, The Goths (Oxford: Blackwell,
1996).Toulouse A city in southern FRANCEin LANGUEDOC,
Toulouse was a capital of the Visigothic kingdom in SPAIN
and Gaul from 419 to 507. CLOVIScaptured it in 508, and
it became part of the kingdom of the FRANKS. In the ninth
century it became the capital of a large principality that
included much of AQUITAINEand Languedoc. When the
counts of Toulouse failed to take control of more of