26.12. 12. The same Subject continued.
It is one abuse of this tribunal
that, of two persons accused of the same crime, he who denies is
condemned to die; and he who confesses avoids the punishment. This has
its source in monastic ideas, where he who denies seems in a state of
impenitence and damnation; and he who confesses, in a state of
repentance and salvation. But a distinction of this kind can have no
relation to human tribunals. Human justice, which sees only the
actions, has but one compact with men, namely, that of innocence; divine
justice, which sees the thoughts, has two, that of innocence and
repentance.
