cerer, a diviner, or the bearer of false
witness. But her hatred of heresy led her later on to set aside this
law, when the faith was in question. As early as the twelfth century,
Gratian had declared that the testimony of infamous and heretical
witnesses might be accepted in trials for heresy.[1]

[1] Pars ii, _Causa_ ii, quaest. vii, cap. xxii; _Causa_ vi, quaest.
i, cap. xix.

The edicts of Frederic II declared that heretics could not testify in
the courts, but this disability was removed when they were called
upon to testify against other suspects.[1] In the beginning, the
Inquisitors were loath to accept such testimony. But in 1261
Alexander IV assured them that it was lawful to do so.[2] Henceforth
the testimony of a heretic was considered valid, although it was
always left to the discretion of the Inquisition to reject it at
will. This principle was finally incorporated into the canon law, and
was enforced by constant practice. All legal exceptions were
henceforth declared inoperative except that of moral enmity.[3]

[1] _Historia diplomatica Frederici II_, vol. iv, pp. 299, 300.

[2] Bull _Consuluit_, of January 23, 1261, in Eymeric, _Directorium
inquisitorum_, Appendix, p. 40.

[3] Eymeric, ibid., 3a pars, quaest. lxvii, pp. 606, 607. Pegna,
ibid., pp. 607, 609, declares that great cruelty or even insulting
words--e.g., to call a man _cornutus_ or a woman _meretrix_--might
come under the head of enmity, and invalidate a man's testimony.

Witnesses for the defence rarely presented themselves. Very seldom do
we come across any mention of them. This is readily understood, for
they would almost inevitably have been suspected as accomplices and
abettors of heresy. For the same reason, the accused were practically
denied the help of counsel. Innocent III had forbidden advocates and
scriveners to lend aid or counsel to heretics and their abettors.[1]
This prohibition, which in the mind of the Pope was intended only for
defiant and acknowledged heretics, was gradually extended to every
suspect who was striving to prove his innocence.[2]

[1] Decretals, cap. xi, _De haereticis_, lib.. v, tit. vii.

[2] Eymeric, _Directorium inquisitorum_, 3a pars, quaest. xxxix, p.
565; cf. 446. Sometimes, however, the accused was granted counsel,
but _juxta juris formam ac stylum et usum officii Inquisitionis_; cf.
Vidal, _Le tribunal d'Inquisition_, in the _Annales de Saint Louis
des Francais_, vol. ix (1905), p. 299, note. E