Pilgrimage from the Alps to the Tiber : $b or, The influence of Romanism on trade, justice, and knowledgeWylie, J. A. (James Aitken)
History
Pilgrimage from the Alps to the Tiber : $b or, The influence of Romanism on trade, justice, and knowledge
Wylie, J. A. (James Aitken)
Catholic Church -- Italy; Italy -- Description and travel
There is another tribunal which should be styled _monstrous_, rather
than by the milder term of exceptional; this is the "_Fabbrica di S.
Petro_" (house of St Peter.) To this was granted, by the caprice of the
Pope, the right to claim from the immediate or distant heirs of any
testator, _even at remote epochs_, the sum of unpaid legacies for pious
purposes. The Cardinal Arch-Priest and the Commons, who represent the
pretended creditor, are judges between themselves and the presumed
debtor. They search the archives; they open and they close testamentary
documents not ever published; they arbitrarily burden the estates of the
citizens with mortgages or charges; and they commence their proceedings
where other tribunals leave off,--that is, by an execution and seizure,
under the pretence of securing the credits not yet determined upon. To
the commissaries of this strange tribunal in the provinces is awarded
the fifth of the sum claimed. Whosoever desires to settle the question
by a compromise is not permitted to attempt it, unless he shall first
have satisfied this fifth, and paid the expenses, besides the fees of
the fiscal advocate. If any one should have the rare luck to gain his
suit, as, for instance, by producing the receipt in full, he must
nevertheless pay a sum for the judgment absolving him.
The presidents of the tribunals--the minor judges, comprising the
private auditors of the Vicar of Rome--have the power of legitimatizing
all contracts for persons affected by legal incapacity. This is
generally done without examination, and merely in consideration of the
fee which they receive. It would take a long chapter to narrate the sums
which have been, by a single stroke of the pen, wrongfully taken from
poor widows and orphans. Incapacity for the management of one's affairs
is sometimes pronounced by the tribunal, but very frequently is decreed
by the prelate-auditor of the Pope, without any judicial formality. Thus
any citizen may at any moment find himself deprived of the direction of
his private affairs and business.
Such is the machinery employed for dispensing justice by a man who
professes to be the infallible fountain of equity, and the world's
teacher as regards the eternal maxims of justice. Justice! The word is a
delusion,--a lie. It is a term which designates a tyranny worse than any
under which the populations of Asia groan.[5]
Public-domain text, read in full here on John Shaqi.
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