ered
to call in experts to deliberate with them over the evidence, and
advise with them on the sentence to be rendered."[1]
[1] Lea, op. cit., vol. i. p. 388.
The official records of the sentences of the Inquisition frequently
mention the presence of these experts, _periti_ and _boni viri_.
Their number, which varied according to circumstances, was generally
large. At a consultation called by the Inquisitors in January, 1329,
at the Bishop's palace in Pamiers, there were thirty-five present,
nine of whom were jurisconsults; and at another in September, 1329,
there were fifty-one present, twenty of whom were civil lawyers.
"At a comparatively early date, the practice was adopted of allowing
a number of culprits to accumulate, whose fate was determined and
announced in a solemn _Sermo_ or _auto-da-fe_. In the final shape
which the assembly of counsellors assumed, we find it summoned to
meet on Fridays, the _Sermo_ always taking place on Sundays. When the
number of criminals was large, there was not much time for
deliberation in special cases. The assessors were always to be
jurists and Mendicant Friars, selected by the Inquisitor in such
numbers as he saw fit. They were severally sworn on the Gospels to
secrecy, and to give good and wise counsel, each one according to his
conscience, and to the knowledge vouchsafed him by God. The
Inquisitor then read over his summary of each case, sometimes
withholding the name of the accused, and they voted the sentence,
"Penance at the discretion of the Inquisitor"--"that person is to be
imprisoned, or abandoned to the secular arm"--while the Gospels lay
on the table to so that our judgment might come from the face of God,
and our eyes might see justice."[1]
[1] Lea, op. cit., vol. i, p. 389.
We have here the beginnings of our modern jury. As a rule, the
Inquisitors followed the advice of their counsellors, save when they
themselves favored a less severe sentence. The labor of these experts
was considerable, and often lasted several days. "A brief summary of
each case was submitted to them. Eymeric maintained that the whole
case ought to be submitted to them; and that was undoubtedly the
common practice. But Pegna, on the other hand, thought it was better
to withhold from the assessors the names of both the witnesses and
the prisoners. He declares that this was the common practice of the
Inquisition, at least as far as the names were concerned. This was
also the practice of
|