sked Mr Stewart to conduct me to the criminal court, which was sitting
in another apartment under the same roof. He showed me the door within
which the assize is held, but told me at the same time, that neither
myself nor any one in Rome could cross that threshold,--the judge, the
prisoner, his advocate, the public prosecutor, and the guard, being the
only exceptions. Let me now describe the machinery by which justice, as
it is called, is administered.
The judges, I have said, are prelates; and as in Rome the administration
of justice is a low occupation compared with the Church, priests which
are incapable, or which have sinned against their order, are placed on
the tribunals. A prelate who has a knowledge of jurisprudence is a
phenomenon; hence the judges do not themselves examine the merits of
causes, but cause them to be investigated by a private auditor, whom
they select from the practising counsel. According to the report of this
individual, the members of the tribunal pronounce their judgment, no
matter what objections may be pled, or arguments offered, to the
contrary. This system gives rise, as may well be conceived, to
innumerable acts of partiality and injustice.
There is a tribunal of appeal for the Romagnias, another for the
Marshes, and a third for the Capitol. Besides these, there are tribunals
of the third class throughout the States. The tribunal of appeal for the
Capitol is the ROMAN ROTA. Before this court our own Henry, and the
other kings of Europe, carried their causes, in those days when the Pope
was really a grand authority, and ruled Christendom. Having now little
business as regards monarchs and the international quarrels of kingdoms,
it has been converted into a tribunal for private suits. It still
shrouds itself in its mediaeval secresy, which, if it robs its decisions
of public confidence, at least screens the ignorance of its judges from
public contempt. There are, besides, the tribunals of the _Signatura_
and of _Cassation_, in which partiality examines, incompetence
pronounces judgment, delays exhaust the patience and the money of the
suitors, and the decent veil of a dead language wraps up the illegality.
Besides these, there are the _exceptional_ tribunals, which are very
numerous. Among them the chief is the _ecclesiastical_ jurisdiction, so
extensive, that it is sufficient that some very trifling interest of a
priest, or of some charity fund, or even of a Jew or a recent convert,
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