_Note._—The important subject of the influence exerted by the procedure of the Inquisition upon the civil courts of Europe has never been thoroughly worked out. There is partial treatment of it in Esmein’s _Histoire de la Procédure Criminelle en France_; English version, _A History of Continental Criminal Procedure_; H. Brunner, _Die Entstehung der Schwurgerichte_ (1872); C. V. Langlois, _L’Inquisition après des travaux récents_; P. Fournier, _Les Officialités au Moyen Age_; H. C. Lea, _Superstition and Force_, esp. pp. 428-590. Vol. v of the Continental Legal History Series, published by the Association of American Law Schools, while mainly based on Esmein’s study of Criminal Procedure in France, is of wider scope and traces the inquisitorial system in Europe generally. While the system of _inquisitio_, derived from the later Roman Empire, was not passed on to the civil courts of Europe solely through the _inquisitio haereticae pravitatis_, it is the case that ‘The Church was able to furnish the secular courts with a lesson and a model.... By its example it paved the way for the substitution, consummated in the 1500’s, of the inquisitorial procedure for the accusatory procedure in every country of Europe.’ Again: ‘This system, originally employed for prosecutions for heresy, afterwards for all crimes, became, under the name of “procédure à l’extraordinaire,” the system of common law in force in the royal jurisdictions for the prosecution of serious crimes until 1789.’—_A History of Continental Criminal Procedure_, p. 10 and pp. 10-11, _note_. CHAPTER V INQUISITORIAL PENALTIES