, 1881-08-28

| self not only that no torture can possibly 1ok-
| low his trial, but that the rules Of evidence
in ecclesiastical trials have been radically
| changed within the last five hundred years.
1t is worth while, in this connection. tU repro
duce some of the inQuistorial rules OF cvl-
dence to show what great strides have
! been made in the direction of liberalism i'll
ecclesiastical trials. Here is one of the "ill-
structions to Inquisitors as laid down iii the
Directory Of Ey,nerlc: 'sln a cause of hcresy
son should proceed quietly and simply, with
out forinality and noise Of pleadings. There
should be 40 delay, no interruption. no up
peal, and us jclu apitncsscs tts possible. Its
thepeculiar and high privilege of the Tribunal
Of the Inquisition that its Judges arc not
obliged to follow forensic rules" Dr.
Thomas will not be tried BY this rule. Fol
lowing are sonlc Of the rules of evidence laid
dow, BY Eynleric for the guidance Of Ill
quisitors III hcresy trials:
In cases Of hcrcsy, testimony Of all sorts of
persons is admissible. Ihey may oe exco.lnln u
any crime. Hcretics, too. may give evidence;
but only agniust the cnlprit Is it valid never ia
his fuyOr.
The good Ey1ncric thus comments upon
this rule:
lAlE provision Is iuOSL IFuuEHt> ~ - iENsl
just; for, since the herctic has broken 1a1th
towv:ds his God. no one ought to take MS word:
md It should always he presumed TINT, r. sex t what
and Il desire that crimes against the faith may
gounpunished.
We quote further from the Directory:
The testimony of intidps and Jews .mny be
taken also In " question Of hcrctical doctrine.
The testimony OF false witnesses Is also tuke'l,
If against the accused person, even though IL
previous favorable Testimony may have been
retraeted And note, thnt Il the ti5st declara
the first only must be ucccpted. Donestlc
witnesses-wifc, for example. children. rcta-
tlvcs. servnnts-tuay have their testimony ac-
ceptcd against him, and then 1t tns great v,tlue;
but it never must avail to his advantage.
Tho criminal must not SEQ the he witnesses. nor
n IS Informed orr" d. 1t iho chatgo agatnst rim. tho
names Of witnesses should be concealed; or, II
there be any particulars In the chnr1es that
would help him to guess tho names, tho i testi-
mony given by one person should bo attrb-
uted to another; or uanles should 10 sub
stituted OF persons t4nt " were not Witnesses VII t,s
False witnesses who have caused tho
death of an Innocent person must NOT snner
my fe'erer h !ha nnt
the culprir III such II nlanner rs 10 suggest sub"
terfuges, OF help evasion. but let his intcrroga-
tions he vhgue and general. I'oo mich pru-
dence and iirnness can never be employed in
the Interrogation Of ii prisoner. The hcrotics
nre vcry cunning in discussing their errors.
might soften the scverest Judges an 1H0uls-
itor must arm himself against all these tricks
always supposing That they are trying to deceive
him.
The 1nquIsitor was instructed to exhaust
all the articles Of dupliclty and dissimularon
to force confession from the culprit as to
tax him with having contradicted himself,
turning over the notes Of the evidence under
the pretense Of having discovered the CONTRA
diction. Says the Directory: - Read your
papers, turn over the leaves, and say, every
now and then. sAh! did not say so? Con-
fess the truth But be careful not to 60
into particulars lest he see that you know
nothing about them." The InQuisitor was
directed to confuse the cuIprit by the multi
plication of questions until his self-possession
should be destroyed, and then put him to the
TORTURE" and, when his answers are con-
fused, the doctors agree that you may put
him to the torture" lie was instructed to
promise to pardon the culprtt III
order to extort confession,-" So
tell him if lie will confess he shall
have more than he could himself desire; and
so he will, for you will save his soul.'
These rules are 800 years old. They have
never been repealed, but their enforcement
is no longer convenient. The secular arm''
has grown somewhat in strength in the last |
three centuries. and has been interposed to
prevent ecclesiastical trials of this character.
The Church which is about to try DR.. Thomas
never sanctioned the rules of evidence We
have cited. Indeed, it has contributed power |
fully to their abrogat1on. But the principle |
involved in the forthcoming trial is precisely |
that for which the Church of Rome contend
ed for many centuries-nal1ely: the right to |
make strict adhesion to certain articles of |
theological faith rather than correct religious
practices the test of religious character.
The trial of Dr.: Thomas will be watched |
with deep interest by the public, for tho |
Methodist Episcopal denomination has
hitherto allowed considerable latitude to |
its adhercnts in the matter Of mere dogma; |
and to this fact. perhaps=lnay be attributed
in large degree its highly aourishing con-
ditlon.
MRS. GARFIELD
81 still hare n0nl homer 4 |! Through thn