pursuers, and disappeared in the obscure depths of the sierra, where it would have been fruitless to follow him. [Sidenote: THE FALL OF JUBILES.] The rout of his army was complete; and the victors might have inflicted an incalculable loss on the fugitives, had not the marquis of Mondejar called off his troops, and put a stop to the work of death. He wished to keep open as widely as possible the door of reconciliation. His conduct, which was not understood, and could not have been appreciated by his men, was stigmatized by them as treachery. They found some amends for their disappointment in the pillage of Paterna, the residence of Aben-Humeya, which well provided with the costly finery so much loved by the Moriscoes, furnished a welcome booty to the conquerors.[88] Among the Moorish captives were Aben-Humeya's mother, two of his sisters, and one of his wives, to whom, as usual, Mondejar extended his protection. Yet the disposal of his prisoners was a subject of perplexity to the Spanish commander. His soldiers, as we have seen, would have settled it at once, had their captain consented, by appropriating them all as the spoils of victory. There were many persons, higher in authority than these soldiers, who were of the same way of thinking on the subject with them. The question was one of sufficient importance to come before the government. Philip referred it to the council of state; and, regarding it as a case of conscience, in which the interests of religion were concerned, he asked the opinion of the Royal Audience of Granada, over which Deza presided. The final decision was what might have been expected from tribunals with inquisitors at their head. The Moriscoes, men and women, were declared to have incurred by their rebellion the doom of slavery. What is more remarkable is the precedent cited for this judgment, it being no other than a decision of the Council of Toledo, as far back as the time of the Visigoths, when certain rebellious Jews were held to have forfeited their liberty by an act of rebellion.[89] The Morisco, it was said, should fare no better than the Jew, since he was not only, like him, a rebel and an infidel, but an apostate to boot. The decision, it was understood, was very satisfactory to Philip, who, however, "with the pious moderation that distinguished so just and considerate a prince,"[90] so far mitigated the severity of the sentence, in the pragmatic which he published, as to exempt from its operation boys under ten years of age and girls under eleven. These were to be placed in the care of responsible persons, who would give them the benefits of a Christian education. Unhappily, there is reason to think that the good intentions of the government were not very conscientiously carried out in respect to this provision by those intrusted with the execution of it.[91]