Lea has been deceived himself, and in
turn has misled his readers, by a comparison which he mistook for a
doctrinal document. The context, we think, clearly shows that the
Pope was making a comparison between the Holy See and the Jewish
leader Phinees, who had slain an Israelite and a harlot of Madian, in
the very act of their crime (Num. xxv. 6, 7). That does not imply
that the Church use the same weapons. Even if the comparison is not a
very happy one, still we must not exaggerate its import. The Pope's
letter did not even mention the execution of heretics. Ripoll,
_Bullarium ord. FF. Praedicatorum_, vol. 1, p. 66.

But, as a matter of fact, it unfortunately changed completely under
the direction of the monks. The change effected by them in the
ecclesiastical procedure resulted wholly to the detriment of the
accused. The safeguards for their defense were in part done away
with. A pretense was made to satisfy the demands of justice by
requiring that the Inquisitors be prudent and impartial judges. But
this made everything depend upon individuals, whereas the law itself
should have been just and impartial. In this respect, the criminal
procedure of the Inquisition is markedly inferior to the criminal
procedure of the Middle Ages.

CHAPTER VI
SIXTH PERIOD
DEVELOPMENT OF THE INQUISITION
INNOCENT IV AND THE USE OF TORTURE

The successors of Gregory IX were not long in perceiving certain
defects in the system of the Inquisition. They tried their best to
remedy them, although their efforts were not always directed with the
view of mitigating its rigor. We will indicate briefly their various
decrees pertaining to the tribunals, the penalties and the procedure
of the Inquisition.

In appointing the Dominicans and the Franciscans to suppress heresy,
Gregory IX did not dream of abolishing the episcopal Inquisition.
This was still occasionally carried on with its rival, whose
procedure it finally adopted. Indeed no tribunal of the Inquisition
could operate in a diocese without the permission of the Bishop, whom
it was supposed to aid. But it was inevitable that the Inquisitors
would in time encroach upon the episcopal authority, and relying upon
their papal commission proceed to act as independent judges. This
abuse frequently attracted the attention of the Popes, who, after
some hesitation, finally settled the law on this point.

"If previous orders requiring it" (episcopal concurrence), writes
Lea, "had not been tr