The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-01-26

0StoUiASuSu DeIOTc judicial
tr1ounaI. No one could be worried by
excessive delays IN conducting the
traai. There were stringent rules with
regard to the character of witnesses
ana false testimony was treated with
the utmost severity. The judges We're
oToered never to condemn anyone ex-
cept ON the clearest proofs of guilt,
Tor, as the Pontiffs said, it is better
tnat crime should go unpublished than
tnat an innocent man should be pun
isned as guilty. Moreover. it must be
noted that confession of guilt would at
once have exempted the accused from
all punishment, or at least would have
secured SO great a mitigation of it's
rlgor that it ceased to deserve that
name. Here Prescott is guilty of down
right falsehood when he asserts that
penalties were Unfortunately infiict-
ed On all the accused. whether they
confessed their guilt or remained OBJ
st1nate, and that few among those
suspected Of heresy could escape the
fury Of that dread tribunal The
charge is so infamous as to deserve
reputation. The truth of the matter Is
that whosoever confessed his guilt and
promised to reform was absoIved and
Immediately set free (see Parsons
Studies in Church History vol. H.,
p. 40S). What other tribunal is there,
1t has been justly asked, where a plea
of guilty would be followed by such
merciful consequences? We have here
perfect imitation of what actually
takes place in the tribunal of penance,
where sincere confession of guilt is in
variably followed by sacramental abb
solution. Behold here how closely the
Church, in her legislation initiates the
mercy of her divine Founder! Hence
we have reason to conclude that the
PROCEEDINGS OF THE INQUEST
TION WERE FAR MORE JUST
THAN THOSE OF ANY JUDICIAL
COURT IN EUROPE.
Remark III. 1t is important to recall
the statements of an eminent writer,
Able de Vayrac. IL Etat present d Es-
payne" on the mode of procedure fol-
lowed by that tribunal:
~ It's officers We're chosen from the
most respectable and competent per-
sonages of the realm.
{2) All accusations presented to it
We're to be received with extreme diff
fculty, and informers were severely
punished when judicially convicted of
falsehood. According to Simancas, one
Of the most prominent lawyers of the
sixteenth century C"Cath Institutions
Against Heresy,'' 1850, no one could
be arrested unless accused by three
different witnesses, each of whom was
to be ready to swear that he was tell,
ing the truth, and was not actuated
by any malice. If he relapsed but
soon repented, he was released. Only
on the third conviction the accused
was finally consigned to the civil
court for judgment.
CO. To the accused was immediate
v assigned an advocate or counsel to
iefend them, and If the first hearing /
showed the innocence Of the accused
hey were at once set free.
This is striking contrast to the En-
ylish code of former years. when no
counsel was allowed to the accused and |
he charges made against them were |
lot known to them until they came
nto court to be tried. But the &C
used had the right of summon1ne
witnesses in their defense from the re.
hottest regions, even from beyond the
ca, and ample time was given to Sc
ure his presence.
(4) No sentence OF SuDorolnate
Judges could be executed without the
ssent of the supreme tribunal, whose
uty it was to revise the whole process
nd either approve or reject the YER
let, according to the evidence elected
rom the acts.
(5) The interrogatory, or what we
hight call the cross-examinatfon, al
rays took place before two priests not
with the inquisition, whose
uty was to prevent all violence ana
rbitrary proceeding. No one couio
e even confined to prison unless con-
emned by unanimous vote of all Inc
1dges. It is true that from the per-
ms accused were concealed the names
9TH of the accusers and OF the VIII
esses, but this was wisely and pru-
emily done, says the Protestant MS
,rian, Ranke, in order to protect them
gainst the hatred and revenge OF
owerful nobIemen and their sympa-
lizers and adherents.
However. this secrecy was common
all the tribunals of those days, anu
lie eminent jurist, Jeremy Bentnan'
limits that in many cases sucn Sc
ecy may be absolutely necessary 10 !
1blic security, even in our times. I
FOL. IL, p. 1917
We must. moreover, remember that
e judges appointed to impose cor
,ral penalties for the crime OF heresy :
ere civil judges; the office OF the
authority being that OK
tablishing the guilt Of the accused.
task entirely beyond the competence
the secular rulers Wherever the
ibunal inflicted severe or excessive
Inishment, death especially, the gov
nment was the agent: it Is the gov
therefore, that must bear the
anne, when blame is rightly deserved.
oreover, as we have seen, the state,
tristan and Catholic, in lending TO
e Church the aid of the secular arm,
Is only fulfilling a duty. that OF
the sacred rights of con-
fence and truth, and of protecting
I'm all danger the paramount inter-
IS Of civil society.
Divine authority and Christian ira
ion amnly Justify secular princes III |