FREE BOOKS

Author's List




PREV.   NEXT  
|<   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94  
95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   >>   >|  
ered to call in experts to deliberate with them over the evidence, and advise with them on the sentence to be rendered."[1] [1] Lea, op. cit., vol. i. p. 388. The official records of the sentences of the Inquisition frequently mention the presence of these experts, _periti_ and _boni viri_. Their number, which varied according to circumstances, was generally large. At a consultation called by the Inquisitors in January, 1329, at the Bishop's palace in Pamiers, there were thirty-five present, nine of whom were jurisconsults; and at another in September, 1329, there were fifty-one present, twenty of whom were civil lawyers. "At a comparatively early date, the practice was adopted of allowing a number of culprits to accumulate, whose fate was determined and announced in a solemn _Sermo_ or _auto-da-fe_. In the final shape which the assembly of counsellors assumed, we find it summoned to meet on Fridays, the _Sermo_ always taking place on Sundays. When the number of criminals was large, there was not much time for deliberation in special cases. The assessors were always to be jurists and Mendicant Friars, selected by the Inquisitor in such numbers as he saw fit. They were severally sworn on the Gospels to secrecy, and to give good and wise counsel, each one according to his conscience, and to the knowledge vouchsafed him by God. The Inquisitor then read over his summary of each case, sometimes withholding the name of the accused, and they voted the sentence, "Penance at the discretion of the Inquisitor"--"that person is to be imprisoned, or abandoned to the secular arm"--while the Gospels lay on the table to so that our judgment might come from the face of God, and our eyes might see justice."[1] [1] Lea, op. cit., vol. i, p. 389. We have here the beginnings of our modern jury. As a rule, the Inquisitors followed the advice of their counsellors, save when they themselves favored a less severe sentence. The labor of these experts was considerable, and often lasted several days. "A brief summary of each case was submitted to them. Eymeric maintained that the whole case ought to be submitted to them; and that was undoubtedly the common practice. But Pegna, on the other hand, thought it was better to withhold from the assessors the names of both the witnesses and the prisoners. He declares that this was the common practice of the Inquisition, at least as far as the names were concerned. This was also the practice of
PREV.   NEXT  
|<   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94  
95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   >>   >|  



Top keywords:

practice

 

number

 
sentence
 

Inquisitor

 
experts
 

common

 

assessors

 

Inquisitors

 

counsellors

 

present


submitted

 
Gospels
 

summary

 

Inquisition

 
vouchsafed
 
conscience
 
accused
 

judgment

 

knowledge

 
justice

imprisoned
 

Penance

 

person

 

abandoned

 
discretion
 
secular
 

withholding

 

lasted

 

thought

 

maintained


undoubtedly
 

withhold

 

concerned

 

witnesses

 

prisoners

 

declares

 

Eymeric

 

advice

 

beginnings

 
modern

considerable

 
favored
 
severe
 

jurisconsults

 

September

 
thirty
 

Bishop

 
palace
 

Pamiers

 
twenty