of the utility of torture on both principals and
witnesses for us to doubt his readiness in its employment."[1]

[1] Lea, op. cit., p. 424.

Besides, the investigation which Clement V ordered into the
iniquities of the Inquisition of Carcassonne, proves clearly that the
accused were frequently subjected to torture.[1] That we rarely find
reference to torture in the records of the Inquisition need not
surprise us. For in the beginning, torture was inflicted by civil
executioners outside of the tribunal of the Inquisition; and even
later on, when the Inquisitors were allowed to take part in it, it
was considered merely a means of making the prisoner declare his
willingness to confess afterwards. A confession made under torture
had no force in law; the second confession only was considered valid.
That is why it alone, as a rule, is recorded.

[1] Clement V required the consent of the Inquisitor and the local
Bishop before a heretic could be tortured, _vel tormentis exponere
illis_. Decretal _Multorum querela_, in Eymeric, _Directorium_, 2a
pars, p. 112.

But if the sufferings of the victims of the Inquisition were not
deemed worthy of mention in the records, they were none the less real
and severe. Imprudent or heartless judges were guilty of grave abuses
in the use of torture. Rome, which had authorized it, at last
intervened, not, we regret to say, to prohibit it altogether, but at
least to reform the abuses which had been called to her attention.
One reform of Clement V ordered the Inquisition never to use torture
without the Bishop's consent, if he could be reached within eight
days.[1]

[1] Decretal, _Multorum querela_.

"Bernard Gui emphatically remonstrated against this, as seriously
crippling the efficiency of the Inquisition, and proposed to
substitute for it the meaningless phrase that torture should only be
used _with mature and careful deliberation_, but his suggestion was
not heeded, and the Clementine regulations remained the law of the
Church."[1]

[1] Lea, op. cit., vol. i, p. 424; Bernard Gui, _Practica_, ed.
Douais, 4a pars, p. 188.

The code of the Inquisition was now practically complete, for
succeeding Popes made no change of any importance. The data before us
prove that the Church forgot her early traditions of toleration, and
borrowed from the Roman jurisprudence, revived by the legists, laws
and practices which remind one of the cruelty of ancient paganism.
But once this criminal code wa