Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
Of course the subject of the Inquisition is too large a field to attempt
to do more than refer to its influence upon secular law in these pages,
for while it continued unabated for centuries in countries subject to
the Church of Rome and was not abolished in Spain, until the reign of
Joseph Bonaparte in 1808,[56] in inaugurating a system of punishment for
extracting evidence from the accused, its influence was wide-spread in
all other countries, where the same system of punishment was carried and
with time the same vile procedure was used in most other countries of
Europe, in one form or another,[57] and with its examples of torture,
which were gradually adopted in other countries, the equally baleful
influence of the secret procedure, which was exemplified in the Star
Chamber in England and the _Chatelet_ of Paris, with the accompanying
inquisitorial process, followed in the wake of this hateful institution
of the middle ages.[58]
_The Grand Chatelet of Paris_, as the seat of the criminal tribunal of
the realm, has a record second to no other criminal court of the same age
for atrocious punishments inflicted upon the poor unfortunates who were
brought before the court, seeking justice.[59]
It was the custom to torture all malefactors, or alleged criminals,
brought before the criminal division of the _Chatelet_ of Paris, in the
fourteenth century. The customary procedure was accordingly divided
into two classes of cases, those known as _ordinaire_ and those called
_extraordinaire_. In the former class of cases inquests were held to
determine the guilt of the accused and in the latter inquisition was had,
in which torture was habitually employed to secure a conviction.[60]
The procedure was left entirely to the discretion of the criminal judge
and in a short time the judge rarely found a case for inquest, but all
cases were treated as within the rule _proces extraordinaire_ and a merry
chronicle of crime against criminals was here inaugurated, for long and
tedious years.[61]
The only redeeming feature of the procedure of this court, was the
universality of its punishments, for noble blood was made to flow equally
with the plebeian, and none were exempt from the torture, who were
brought before this court. If the culprit denied the alleged crime, he
was tortured at once, to secure a confession and if he confessed he was
tortured for confessing. On the other hand, if he failed to confess,
there was no limit to the torture inflicted to extract a confession from
him, so frequently it happened that in the effort to find out if a crime
were really committed the poor unfortunate was killed by the torture to
which he was subjected.[62]
In 1338 one Jehannin Maci, was arrested and brought before this cruel
court for stealing a brass pot, found in his possession. After torture,
he confessed the crime and was drawn on a hurdle and hanged.[63]
Public-domain text, read in full here on John Shaqi.
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