The Defence.
The whole tendency of the Inquisitorial procedure was to afford as few opportunities as possible for an effective answer to a charge of heresy. Inquisitors were expressly ordered not to worry about legal forms, but to extract confessions. In the early part of the thirteenth century the accused was gratuitously allowed an advocate, but, as the lawyer entrusted with this delicate duty rendered himself liable to a charge of heresy if he showed zeal on behalf of his client, the office became little sought after, and the benefit inappreciable. In time the practice was more honoured in the breach than in the observance; and, as the Inquisition could deprive an advocate of his papers and put him in the dangerous position of a witness, it is doubtful whether his services were of much value, or, indeed, whether, in many cases, they were rendered at all. It was sometimes impossible to secure advocates, and instances are known in which prisoners, in despair, declined to exercise their right to call for copies of the evidence against them. The Inquisitors then placed on record that the privilege had been offered and refused, without superfluous detail as to reasons. Denial of the accusation of heresy, or refusal to plead, rendered the person charged liable to torture or the stake. If the Inquisitors did happen to break the rules and expose themselves to appeal against their judgments, there were manuals available in which they were instructed in the numerous devices and deceptions by which they could escape responsibility. An acquittal never took place; the Inquisitors were expressly authorized to pronounce no one innocent, as it was always desirable to leave a loophole for future proceedings. The rare verdict, “Not proven,� was the utmost length to which the mercy of the Holy Office would extend.