[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 was adopted, she endeavored to mitigate the cruelty with which it was enforced. If this preoccupation is not always visible--and it is not in her condemnation of obdurate heretics--we must at least give her the credit of insisting that torture "should never imperil life or injure limb:" _Cogere citra membri diminutionem et mortis periculum_. We will now ask how the theologians and canonists interpreted this legislation, and how the tribunals of the Inquisition enforced it. CHAPTER VIII THEOLOGIANS, CANONISTS, AND CASUISTS OF THE INQUISITION THE gravity of the crime of heresy was early recognized in the Church. Gratian discussed this question in a special chapter of his _Decretum._[1] Innocent III, Guala, the Dominican, and the Emperor Frederic II, as we have seen, looked upon heresy as treason against Almighty God, i.e., the most dreadful of crimes. [1] _Causa_ xxii, q. vii, cap. 16.