Investigation
When a papal inquisition arrived at a town it had a set of procedures and rules to identify likely heretics. Legally, there had to be at least two witnesses, although conscientious judges rarely contented themselves with that number.[8]
First, the townspeople would be gathered in a public place. Although attendance was voluntary, those who failed to show would automatically be suspect, so most would come. The inquisitors would provide an opportunity for anyone to step forward and denounce themselves in exchange for easy punishment. As part of this bargain they would need to inform on other heretics. In addition, the inquisitors could simply force people to be interrogated.[citation needed]
Trial
The inquisitorial trial generally favored the prosecution (the Church). Confessing 'in full' was the best hope of receiving a lighter punishment - but with little hope of escaping at least some punishment. And a 'full' confession was one which implicated others, including other family members. It was acceptable to take testimony from criminals, persons of bad reputation, excommunicated people, and convicted heretics. The inquisitor could keep a defendant in prison for years before the trial to obtain new information, and could return them to prison if he felt that the witness had not fully confessed.
Despite the unfairness of the procedures, the inquisitors did provide some rights to the defendant. At the beginning of the trial, defendants were invited to name those who had "mortal hatred" against them. If the accusers were among those named, the defendant was set free and the charges dismissed; the accusers would face life imprisonment. This option was meant to keep the inquisition from becoming involved in local grudges. Early legal consultations on conducting inquisition stress that it is better that the guilty go free than that the innocent be punished. Gregory IX urged Conrad of Marburg: "ut puniatur sic temeritas perversorum quod innocentiae puritas non laedatur" — i.e., "not to punish the wicked so as to hurt the innocent".[8]
Torture
Torture could be used after 1252. On May 15, Pope Innocent IV issued a papal bull entitled Ad extirpanda, which authorized the use of torture by inquisitors. Torture was undoubtedly used in the trial of the Templars, but is in fact not much found in heresy trials until the later fourteenth century. Torture methods that resulted in bloodshed, births, mutilation or death were forbidden. Also, torture could be performed only once. However, it was common practice to consider a second torture session to be a "continuation" of the first. The most commonly employed methods of torture methods included hanging by the wrists, with weights suspended from the ankles (a form of torture known as strappado); the rack; foot roasting; and the water torture.[citation needed]
Punishment
Among the possible punishments were prayer, pilgrimage, wearing a yellow cross for life, banishment, public recantation, or, occasionally, long-term imprisonment[citation needed]. The unrepentant and apostates could be "relaxed" to secular authority, however, opening the convicted to the possibility of various corporal punishments, up to and including being burned at the stake. Execution was neither performed by the Church, nor was it a sentence available to the officials involved in the inquisition, who, as clerics, were forbidden to kill. The accused also faced the possibility that his or her property might be confiscated. In some cases, accusers may have been motivated by a desire to take the property of the accused, though this is a difficult assertion to prove in the majority of areas where the inquisition was active, as the inquisition had several layers of oversight built into its framework in a specific attempt to limit prosecutorial misconduct.
The inquisitors generally preferred not to hand over heretics to the secular arm for execution if they could persuade the heretic to repent: Ecclesia non novit sanguinem. For example, Bernard Gui, a famous inquisitor working in the area of Carcassonne (in modern France), executed 42 people out of over 900 guilty verdicts in fifteen years of office. Execution was to admit defeat, that the Church was unable to save a soul from heresy, which was the goal of the inquisition.
http://en.wikipedia.org/wiki/Medieval_Inquisition
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