FREE BOOKS

Author's List




PREV.   NEXT  
|<   418   419   420   421   422   423   424   425   426   427   428   429   430   431   432   433   434   435   436   437   438   439   440   441   442  
443   444   445   446   447   448   449   450   451   452   453   454   455   456   457   458   459   460   461   462   463   464   465   466   467   >>   >|  
which were forwarded to the court at Brussels. When deemed of sufficient importance, the further examination of a case was reserved for the council itself. But for the most part the local authorities, or a commission sent expressly for the purpose, were authorized to try the cause, proceeding even to a definitive sentence, which, with the grounds of it, they were to lay before the Council of Troubles. The process was then revised by the committee for the provinces, who submitted the result of their examination to Vargas and Del Rio. The latter were alone empowered to vote in the matter; and their sentence, prepared in writing, was laid before the duke, who reserved to himself the right of a final decision. This he did, as he wrote to Philip, that he might not come too much under the direction of the council. "Your majesty well knows," he concludes, "that gentlemen of the law are unwilling to decide anything except upon evidence, while measures of state policy are not to be regulated by the laws."[1012] It might be supposed that the different judges to whom the prisoner's case was thus separately submitted for examination, would have afforded an additional guaranty for his security. But quite the contrary; it only multiplied the chances of his conviction. When the provincial committee presented their report to Vargas and Del Rio,--to whom a Spanish jurist, auditor of the chancery of Valladolid, named Roda, was afterwards added,--if it proposed sentence of death, these judges declared it "was right, and that there was no necessity of reviewing the process." If, on the contrary, a lower penalty was recommended, the worthy ministers of the law were in the habit of returning the process, ordering the committee, with bitter imprecations, to revise it more carefully![1013] [Sidenote: THE COUNCIL OF BLOOD.] As confiscation was one of the most frequent as well as momentous penalties adjudged by the Council of Blood, it necessarily involved a large number of civil actions; for the estate thus forfeited was often burdened with heavy claims on it by other parties. These were all to be established before the council. One may readily comprehend how small was the chance of justice before such a tribunal, where the creditor was one of the parties, and the crown the other. Even if the suit was decided in favor of the creditor, it was usually so long protracted, and attended with such ruinous expense, that it would have been better f
PREV.   NEXT  
|<   418   419   420   421   422   423   424   425   426   427   428   429   430   431   432   433   434   435   436   437   438   439   440   441   442  
443   444   445   446   447   448   449   450   451   452   453   454   455   456   457   458   459   460   461   462   463   464   465   466   467   >>   >|  



Top keywords:

process

 

committee

 

council

 
sentence
 
examination
 

Council

 
judges
 

Vargas

 

parties

 

submitted


contrary
 

reserved

 

creditor

 

bitter

 

Sidenote

 
ordering
 

carefully

 

revise

 

COUNCIL

 
returning

imprecations

 
proposed
 

auditor

 

chancery

 

Valladolid

 

declared

 

penalty

 
recommended
 

worthy

 

ministers


necessity

 

reviewing

 

tribunal

 

justice

 

comprehend

 

chance

 

decided

 

expense

 

ruinous

 

attended


protracted

 

readily

 

necessarily

 

involved

 

number

 

adjudged

 
confiscation
 

frequent

 

momentous

 

penalties