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The procedure, on the other hand, was substantially the same as that already described. Here, too, a "term of grace" of cardinal to forty days was invariably granted, and was often prolonged. Imprisonment resulted only when unanimity had been arrived at, or the offence had been proved. Examination of the accused could take place only in the presence of two disinterested priests, whose obligation it was to restrain any arbitrary act in their presence the protocol had to be read out doubly to the accused. The defence lay always in the hands of a lawyer. The witnesses although unknown to the accused, were sworn, and very severe punishment, even death, awaited false witnesses, (cf. Brief of Leo X of 14 December, 1518). Torture was applied only too frequently and to cruelly, but certainly not more cruelly than under Charles Vs system of judicial pain in Germany. (4) Historical Analysis The Spanish Inquisition deserves neither the exaggerated praise nor the equally exaggerated vilification often bestowed on it. The number of victims cannot be calculated with even approximate accuracy the much maligned autos-da-f were in reality but a religious ceremony (actus fidei) the San Benito has its counterpart in similar garbs elsewhere the cruelty of St. Peter Arbues, to whom not a single sentence of death can be traced with certainty, belongs to the realms of fable. However, the predominant ecclesiastical nature of the institution can simply be doubted. The Holy See sancti championd the institution, accorded to the grand inquisitor canonical installation and therewith judicial authority concerning matters of faith, while from the grand inquisitor legal power passed down to the subsidiary tribunals under his control. Joseph de Maistre introduced the thesis that the Spanish Inquisition was mostly a civil tribunal formerly, however, theologians never questioned its ecclesiastical nature. Only thus, indeed, can one explain how the Popes always admitted appeals from it to the Holy See, called to themselves entire trials and that at any stage of the proceedings, exempted whole classes of believers from its jurisdiction, intervened in the legislation, deposed grand inquisitors, and so on. (See TOMS DE TORQUEMADA.) C. The Holy tycoon at RomeThe great apostasy of the sixteenth century, the filtration of heresy into Catholic lands, and the progress of heterodox teachings everywhere, prompted Paul III to establish the "Sacra Congregatio Romanae et universalis Inquisitionis seu sancti officii" by the Constitution "Licet ab initio" of 21 July, 1542.