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[001] is present and avoids the appeal; he is held suspect nonetheless because the felony,
[002] of which the appellee has not yet cleared1 himself, may still exist, and hence the
[003] presumption against him must stand until he has done so.2 There are also other
[004] presumptions, of which we have spoken briefly above, which do not admit of proof
[005] to the contrary or of denial, as where one is taken over the body of the dead man
[006] with his knife dripping blood,3 or fleeing from his body, or acknowledges the death
[007] before those who have record,4 and the like; such men, even if no accuser appears,
[008] cannot deny the death.] 5[and] see what and of what kind such rumour ought to be
[009] and whence it arises. It is clear that the rumour which begets suspicion ought to
[010] arise among worthy and responsible men,6 not among those who wish and speak evil
[011] but wise and trustworthy persons, and it must be not once but repeatedly that
[012] complaint arises and ill-repute is made manifest.7 For uproar and public outcry are
[013] at times made of many things which in truth have no foundation, and thus the idle
[014] talk of the people is not to be heeded.8

Careful inquiry must be made from whom they have learned what they say, for some lie from hatred, some from greed.


[016] When because of rumour and suspicion the truth of the matter ought to be
[017] investigated by the country, [that is], whether he who is indicted is or is not guilty
[018] of the crime alleged against him, the judge, if he is wise, ought first to inquire
[019] (if he has doubts and the jury is suspect) from what man or men the twelve jurors
[020] have learned what they put forward in their veredictum concerning the indicted man;
[021] having heard their answer thereon he may readily decide if any deceit or wickedness
[022] lies behind it. For perhaps one or a majority of the jurors will say that they
[023] learned the matter put forward in their veredictum from one of their fellow jurors, and
[024] he9 under interrogation will perhaps say that he learned it from such a one, and
[025] so by question and answer10 the judge may descend from person to person to some
[026] low and worthless fellow,11 one in whom no trust must in any way be reposed.
[027] Let the judge so inquire into matters of this kind that his glory and the renown
[028] of his name may increase and that it not be said ‘Jesus is crucified and Barrabas
[029] delivered.’12 For by such inquiries, if they are carefully and discreetly made, many
[030] scandalous things may be discovered. It sometimes happens that a lord accuses his
[031] tenant, or causes him to be indicted13 and a crime imputed to him, through a
[032] greedy desire to secure his land in demesne, or one neighbour accuses another
[033] through hatred and the like.



Notes

1. ‘purgaverit’

2. Supra 402

3. Supra 386, 387; B.N.B., nos. 138, 1474

4. Infra 409; B.N.B., no. 1473

5. Om: ‘Sed cum fama suspicionem inducat,’ a connective

6. Tancred 154; supra 335, 338

7. X. 5.1.24: ‘non quidem a malevolis et maledicis sed a provides et honestis, nec semel tantum sed saepe quod clamor innuit et diffamatio manifestat.’ Br. has pursued one of Tancred's citations, 153-4

8. C. 9.47.12: ‘Vanae voces populi non sunt audiendae.’

9. ‘qui’ for ‘quilibet,’ as V

10. ‘interrogatione et responsione’

11. D. 47.10.17.13: ‘persona vilis abiectaque’

12. Matt. 27 : 26; Marc. 15:15; Luc. 23:18; Joan. 18:40

13. ‘indictari’


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