ar less. "In the
_inquisitio_ of the civil law, the secrecy for which the Inquisition
has been justly criticized, did not exist; the suspect was cited, and
a copy of the _capitula_ or _articuli_ containing the charges was
given to him. When questioned, he could either confess or deny these
charges. The names of the witnesses who were to appear against him,
and a copy of their testimony, were also supplied, so that he could
carry on his defence either by objecting to the character of his
accusers, or the tenor of their charges. Women, minors aged fourteen,
serfs, enemies of the prisoner, criminals, excommunicates, heretics,
and those branded with infamy were not allowed to testify. All
testimony was received in writing. The prisoner and his lawyers then
appeared before the judge to rebut the evidence and the charges."[1]

[1] Tanon, op. cit., pp. 287, 288.

In the ecclesiastical procedure, on the contrary, the names of the
witnesses were withheld, save in very exceptional cases; any one
could testify, even if he were a heretic; the prisoner had the right
to reject all whom he considered his mortal enemies, but even then he
had to guess at their names in order to invalidate their testimony;
he was not allowed a lawyer, but had to defend himself in secret.
Only the most prejudiced minds can consider such a procedure the
ideal of justice. On the contrary, it is unjust in every detail
wherein it differs from the _inquisitio_ of the civil law.

Certain reasons may be adduced to explain the attitude of the Popes,
who wished to make the procedure of the Inquisition as secret and as
comprehensive as possible. They were well aware of the danger that
witnesses would incur, if their names were indiscreetly revealed.
They knew that the publicity of the pleadings would certainly hinder
the efficiency of heresy trials. But such considerations do not
change the character of the institution itself; the Inquisition in
leaving too great a margin to the arbitrary conduct of individual
judges, at once fell below the standard of strict justice.

All that can and ought to be said in the defence and to the honor of
the Roman pontiffs is that they endeavored to remedy the abuses of
the Inquisition. With this in view, Innocent IV and Alexander IV
obliged the Inquisitors to consult a number of _boni viri_ and
_periti_; Clement V forbade them to render any grave decision without
first consulting the bishops, the natural judges of the faith;[1]