Note 1755 — Chapter VIII · FINAL SHAPE OF THE TORTURE SYSTEM.

Bernhardi, loc. cit. The difference between the practice and principles of the law is shown by the rules laid down in 1647 by Brunnemann, coexisting with the above. He directs that the proceedings are to be exhibited to the accused or his friends, and then submitted to a college of jurists who are to decide as to the necessity of torture, and he warns the latter that they can have no graver question placed before them—“Et sane nullam graviorem puto esse deliberationem in Collegiis Juridicis quam ubi de tortura infligenda agitur.”—Brunneman. de Inquisitionis Processu cap. VIII. Memb. iv. No. 10; Memb. v. No. 1.