C.-Discussion of a Cause.

11. The introductory part of the suit being ended, the proof begins: the accused makes certain exceptions to the allegations in the libel, and the accuser replies, bringing his evidences. The judge decides as to whether any particular fact, saying, or document alleged is evidence or not. Similarly, if the accused does not merely deny, but alleges anything to rebut the accusations made, he must bring his evidence to establish it. There are two degrees of proof: full proof, sufficient to end the dispute, or imperfect proof, plausible indeed, but insufficient. In criminal cases, full proof must be given, but in other cases a number of proofs, imperfect in themselves, may be sufficient by their combination. If the proofs on each side seem equally balanced, the accused person must be released. Notoriety takes away any need of proof, for it means that the deed is so open that it cannot be concealed.* admissions of the defendant may be taken in proof. They may be elicited by the assertion of some fact in connection with the case in order to see what the accused will say, or by hearing what he says on a part already proved, or by direct questions on the evidence.† Extra-judicial confessions may be admitted in court if they be proved, but it must be proved also that such confessions were made seriously and without ambiguity. A confession generally

The

* Fame is a less degree of notoriety. It counts for something, but is not to be trusted alone.

† Formerly torture was used, even in Church courts, to try to elicit a confession. Such a confession was not allowed to be conclusive, unless the accused confirmed it when brought again before the judge.

suffices to determine the case against the accused himself who confesses, but not against alleged accomplices; but of course no sacramental confession can be alleged in court, nor can confessions made before the ecclesiastical judge be alleged before the civil judge. Further evidence may be obtained from instruments, such as public or private documents duly attested, or inscriptions and sculptures and ancient monuments; public documents must be attested by magistrates or public officials in a formal manner. Full faith is to be given to such evidence, unless the other side is able to overthrow it. Then witnesses may be called on each side. These must be fit persons, beyond exception; for instance, slaves, infants, and "infamous" persons are excluded, so are women in criminal cases. A man cannot be witness for himself, nor a father for his son, nor vice versâ, nor can a known enemy to the accused be allowed. Two witnesses at the least are required, but more are required in the case of a cleric, and a large number in the case of a bishop. In civil cases the judge may compel by ecclesiastical censures any proper witnesses to appear and give evidence, but in criminal cases they can be warned only, not compelled. A witness must take the oath before giving his evidence, and his evidence cannot be received if he show too great readiness in confessing the crimes of others, because this shows a depraved mind, nor can it be received if it is not of his own certain knowledge; it may be rejected also if he appears credulous.* Besides direct proofs, the judge must consider the presumptions, or probable conjectures, which may be drawn from the nature

*On the office of advocates or pleaders, and of proctors, see Ayliffe; also on the office of notary.

of the case or from the facts brought out in the discussions of the evidence. Presumptions are of two kinds : legal (juris) and personal (hominis); the former when sanctioned by the law, the latter when such as would be allowed weight by a prudent man. Præsumptiones juris are in force until the opposite is proved. For instance, it is presumed that an ill deed is done with an ill intention, and that a man's past character, good or bad, determines the character of an act of his in dispute; there is also a presumption against a man who flies justice, and if a man denies one of two things alleged he is presumed to allow the other. Amongst legal presumptions are some which are juris et de jure, such that no proof to the contrary can be received. Certain exceptions, founded on the natural law, are allowed to be made by the defendant, either with regard to the whole or any part of the cause ; he may decline the authority of the court, or he may procure delays in the hearing of the cause, or he may allege a prescription or similar reason in his favour which will destroy the whole right of the complainant.

D.-Sentence and Execution.

12. After the complainant and defendant have alleged all their reasons and produced their witnesses, so that there is no further cause for delay, the judge proceeds to the sentence or judgment on the whole case.* It must be given in writing, must be clear, and conformed both to law and to the libel. A summary sentence, however, may

* An interlocutory sentence decides some point of procedure, or some minor point in the case. The sentence on the whole case is termed definitive.

be pronounced verbally by the judge, as soon as he has heard enough evidence to enable him to decide, without delay. If no appeal is made, or if none is possible, then the sentence must be executed. The guilty person is bound to do what the sentence prescribes within four months, unless it be correctory, and then he must conform at once. If the sentence be a suspension or other sentence demanding the interference of an officer, the ordinary of the guilty person is to see to the prompt execution of the judgment.

E.-Appeals.

13. But in many cases an appeal to a higher judge is possible, and then whichever party feels aggrieved by the sentence given may appeal against it. The higher judge may refuse to receive it, if he thinks there is no reason for it. The forms of appeal are local, and so variable; so is the limit of time within which the appeal must be lodged. The appeal is the only remedy for injustice done by the judge; and in case no appeal is possible, all that an aggrieved person can do is to petition the judge who gave the sentence to reconsider it. Sometimes an appeal may be allowed before the sentence is given, and then the jurisdiction of the lower court is suspended for the time in the case; but if the higher judge sends back the cause, then the inferior judge can proceed as if no appeal had been made. If the appeal is allowed after sentence, then the execution of the sentence is suspended until the decision of the superior court is known; and this decision either confirms or annuls the sentence already pronounced. In cases of mere correction or administration, however,

the sentence of the lower judge must be obeyed at once, even if an appeal is allowed.

14. Besides judicial acts, many extra-judicial acts have all the force of a judicial sentence; for instance, the recall of faculties granted, or a refusal to ordain. The chief difficulty regards acts of correction, such as suspension; but it seems clear that a bishop, from his own certain knowledge, may suspend a cleric from the exercise of his order for a time. It is clear, on the other hand, that he cannot suspend perpetually, because this would in effect be the same as degradation, which requires a trial and sentence. Great prudence is required in such exercises of authority, and mere suspicion must not be regarded. The bishop must take care that the suspended cleric has enough to live upon during his suspension, and he ought to relax the sentence on the signs of repentance. If the cleric feels that he has been unjustly treated, his remedies are supplication to the bishop to reconsider the matter, complaint to the metropolitan if that proves unavailing, and, at last, appeal to the Roman pontiff.

F.-Criminal Procedure.

15. The proceedings in criminal cases differ very little from those in civil cases just recited. ferences have been noticed already; the

in the mode of introducing the cause.

Some of the difothers are chiefly A criminal cause

may be introduced by accusation, by denunciation, or by inquiry; or the judge may proceed absolutely to the trial of manifest crimes, such, that is, as were committed in

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