The court was
composed of six "most illustrious and reverend Judges," all "Monsignori"
and all dignitaries of the Church, assisted by a public prosecutor and
counsel for the defence, attached to the Papal exchequer. The course of
proceedings appears to be much the same as in the inferior courts, except
that no witnesses, save the prisoner, were examined orally, and the whole
evidence was taken from written depositions. At last, after "invoking
the most sacred name of God," the court pronounce their sentence. This
sentence is in a great measure a recapitulation of the preceding one.
Either no new facts were adduced, or none are alluded to. The grounds
for the defence are the same as on the previous occasion, namely, the
provocation given by the father, and the doubt as to the son's paternity.
There were, in fact, two questions before the court. First, whether the
crime committed was murder or manslaughter; and, if it was murder,
whether the murderer was or was not the son of the murdered man. Instead,
however, of facing either of these questions of fact, the court seems to
enter upon abstract considerations, which to our notions are quite
irrelevant. The degree to which paternal corrections can be carried
without abuse, and the problem whether a man who kills a person, whom he
believes and has reason to believe to be his father, but who is not so in
fact, is guilty or not of the sin of parricide, seem rather questions for
clerical casuistry than considerations which bear upon facts.
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