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Their first object was to obtain redress of past grievances, with a proper regard to the individuals who had suffered; the next, to prevent the recurrence of such grievances by the abolition of tyrannical tribunals acting upon arbitrary maxims in criminal proceedings, and most improperly denominated courts of justice.
But as yet there has been only a rudimentary beginning of the development of international tribunals of justice, and there has been no development at all of any international police power.
“A terrible responsibility you are taking on yourself,” say some to the writer. “Youth are going to perdition on your authority, pleading your word and example as a Christian minister.” I have only to say I fear not to meet such before the highest of all tribunals.
There were others who formed the juries of the criminal tribunals whose duty it was to judge the accused; these were called, in contradistinction to the jury of indictment, the judgment jury. The criminal tribunal, to which Napoleon afterwards gave the name of criminal court, was composed of one President or chief justice, four judges, the public prosecutor, and a government commissioner.
The community, it may be said, besides interposing to punish crimes legislatively, has from the earliest times interfered by its tribunals to compel the wrong-doer to compound for his wrong, and, if it does this, it must always have supposed that in some way it was injured through his offence.
These moral qualities; joined to an agreeable person and elegant manners, rendered him a very superior man. The year 1801 was, moreover, marked by the fatal creation of special tribunals, which were in no way justified by the urgency of circumstances. On the subject of this peace I may mention that.
Hurled from his offices and dignities, deprived of the very title of nobility, condemned by the civil, and excommunicated by the ecclesiastical tribunals, cast into prison, loaded with irons, put to the torture, hunted like a wild beast out of his own country and many a nook of refuge in other lands, Perez, who had been "the most powerful personage in the Spanish monarchy," was, when we first meet him in the company of Bacon, an exile in penury.
Finally he showed letters from each of the American Fathers, one of whom, Father Hewit, was a member of the Provincial Council, all joining themselves to Father Hecker as sharing the responsibility of his journey to Rome, and naming him as the representative of their cause. It is not our purpose to trace the progress of the investigation through the Roman tribunals.
They were founded by the authority of the pope; and were so entirely under his immediate protection, that their members, whether masters or students, had all of them what was then called the benefit of clergy, that is, were exempted from the civil jurisdiction of the countries in which their respective universities were situated, and were amenable only to the ecclesiastical tribunals.
After the House of Burgundy had united several provinces under its dominion, the separate provincial assemblies which, up to that time, had been independent tribunals, were made subject to a supreme court at Malines, which incorporated the various judicatures into one body, and decided in the last resort all civil and criminal appeals.
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