In one sense, then, it was a high desire for justice, for the replacement of lynch law in heresy cases by a regular system of procedure, which dictated the establishment of the Inquisition (that is the Inquisition as a new instrument largely separate from the older Church courts of canon law administered by the bishops). At the same time, there are three facts which seem to show a baser mind in those who co-operated in the gradual formation of the new institution. The modern man is struck by the fact that the manner of examination seems to offer insufficient guarantee against the possibility of grave injustice to the accused; second, the use of torture to compel confession. Finally, the modern man is appalled at the extreme penalty by fire. The main feature of the legal processes of the Inquisition is the wide power of the Inquisitor. Instead of acting, as our judges do, merely as referee between opposite sides, with a separate government official for prosecutor, the Inquisitor was the prime mover of the whole proceeding. Of his own motion he sought evidence and examined witnesses and accused. In this there is some resemblance to modern French procedure, and in a slighter degree, to the procedure in American courts-martial which makes the judge-advocate at once prosecutor and guarantor of the rights of the accused. The method is derived from the Roman law. It was practised, in the times with which we are concerned, by the “advanced” secular governments of the day such as the Capetian and Plantagenet monarchies. Certain Italian municipalities also seem to have made use of it. Besides being known to contemporary secular justice, it was familiar to the educated men of the time who were steeped in classical memories. Under the Inquisition, matters went somewhat as follows: The Inquisitors travelled about through the territories committed to their charge preaching sermons against heresy, especially in places where it was known to exist. In these sermons a “time of grace” was promised, during which time all heretics who should come in and confess their fault were to be admitted to mercy and reconciled with the Church. Meanwhile, the faithful were asked to give information as to local heretics. When the time of grace was up those accused of heresy were arrested by armed servants of the Holy Office and examined by the Inquisitor.