Cenotaph in memory of Prospero Farinacci (1544-1618), attributed to Domenico Fontana (1543-1607), in the Church of S. Silvestro al Quirinale in Rome. Farinacci had been appointed counsel of the Sacra Consulta by Pope Clemente VIII Aldobrandini (1592-1605) and Procuratore fiscale of the Apostolic Camera by Pope Paul V.  

In 1595 Farinacci was living the the Palazzo Altemps home of Cardinal Marco Sittico Altemps.  Berardino Rocchi.

Pope Clement VIII: "La farina è buona. È il sacco che è cattivo."

1. Evidence must be legitimate, probable, grave, and sufficient --- the judge must be almost certain of guilt

2. Even with his "absolute power," prince may not mandate torture without sufficient proofs --- if  judges obey princely orders to torture without sufficient proofs they will be brought to trial for their crime

3. If a judge threatens a defendant with torture --- that is torture

4.  Before ordering someone to be tortured a judge must set a term for  defendants to make their defense and provide them with the accusations and evidence against them

5. When the proofs are sufficient a defendant should be convicted and not tortured

6. Many persons are exempted from torture: nobles, pregnant women, minors.  The prince may grant permission to order the torture of a noble person