As the prisoner is not acquainted with the proceedings, he often accuses persons who have not been summoned as witnesses. The article in which they are mentioned is passed over with those of the witnesses who have not deposed against him, or who have spoken in his favour. Thus he encounters his accusers only by chance.
It sometimes happens that the procurator-fiscal secretly obtains the proof of the morality of the witnesses, in order to destroy the effect of the challenge; and as this is more easy to accomplish than the measures taken by the prisoner, they are generally rendered useless, because in doubtful cases the inquisitors are always disposed to depend upon the witness, if he is not known to be the declared enemy of the accused.
Publication of the Proofs.
When the proof is established, the tribunal publishes the state of the trial, the depositions, and the act of judgment. But these terms are not to be understood in the common sense, since the publication was only an unfaithful copy of the declarations and other facts contained in the extract formed for the use of the defender. A secretary reads it to the prisoner in the presence of the inquisitors; after each article he asks him if he acknowledges the truth of what he has just heard; he then reads the declarations, and if the prisoner has not yet alleged any thing against the witnesses, that privilege is given him, because, after hearing the deposition, he is generally able to designate the person who has made it.
This reading is only a fresh snare; for if the least contradiction is perceived, he may be considered guilty of duplicity, concealment, or a false confession, and the tribunal may refuse to grant the reconciliation, although he demand it, and even condemn him to relaxation.
Definitive Censure of the Qualifiers.
After this ceremony the qualifiers are summoned, who receive the original writing of the sentence passed in the summary instruction, with the extract of the replies of the prisoner in his last examination, and the declarations of the witnesses which were communicated to him. They are commissioned to qualify the propositions a second time, to examine his explanation, and to decide if his replies have destroyed the suspicion of heresy which he had incurred, or if he had confirmed it, and was to be looked upon as a formal heretic.
Every one must be sensible of the importance of this censure, since it led to the definite sentence; yet the qualifiers scarcely took the trouble to hear a rapid perusal of the proceedings; they hastily gave their opinion, and this was the last important act in the proceedings, as the rest was a mere formality.
Sentence.
The trial was then considered as finished. The diocesan in ordinary was convoked, that with the inquisitors he might decide upon the proper sentence. In the first ages of the holy office these functions were confided to consultors: these were doctors of law, but as they could only give their opinion, and as the inquisitors pronounced the definitive sentence, the latter always prevailed if they chanced to differ. The accused had the right of appealing to the Supreme Council, but appeals to Rome were more frequent. The inquisitors of the provinces were afterwards obliged to submit their opinion to the council before they pronounced the definitive sentence; the council modified and reformed it; their decision was sent to the inquisitors, who then established the judgment in their own names, although it might be contrary to their previous opinion. This proceeding rendered the office of the consultors useless, and it was discontinued.