See also:

• TORTURE (from Lat. torquere, to twist)

TORTURE (from See also:

• LAT

Lat. torquere, to twist)  , the See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general name for innumerable modes of inflicting See also:

• PAIN (from Lat. poena, Gr. robin, penalty, that which must be paid: O. Fr. peine)
• PAIN, BARRY (1867– )

pain which have been from See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time to time devised by the perverted ingenuity of See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man, and especially for those employed in a legal aspect by the civilized nations of antiquity and of See also:

• MODERN

modern See also:

• EUROPE

Europe . From this point of view See also:

• TORTURE (from Lat. torquere, to twist)

torture was always inflicted for one of two purposes: (1) As a means of eliciting See also:

• EVIDENCE (Lat. evidentia, evideri, to appear clearly)

evidence from a See also:

• WITNESS
• WITNESS (from O. Eng. witan, to know)

witness or from an accused See also:

• PERSON, OFFENCES AGAINST THE

person either before or after condemnation; (2) as a See also:

• PART

part of the See also:

• PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

punishment . The second was the earlier use, its See also:

• FUNCTION

function as a means of evidence arising when rules were gradually formulated by the experience of legal experts . Torture as a part of the punishment may be regarded as including every See also:

• KIND (O. E. ge-cynde, from the same root as is seen in " kin," supra)

kind of bodily or See also:

• MENTAL

mental pain beyond what is necessary for the safe custody of the offender (with or without enforced labour) or the destruction of his See also:

• LIFE

life—in the See also:

• LANGUAGE (adapted from the Fr. langage, from langue, tongue, Lat. lingua)

language of See also:

• BENTHAM, GEORGE (1800-1884)
• BENTHAM, JEREMY (1748-1832)

Bentham, an " afflictive " as opposed to a " See also:

• SIMPLE

simple " punishment . Thus the unnecessary sufferings endured in See also:

• ENGLISH

English prisons before the reforms of See also:

• JOHN
• JOHN (1167–1216)
• JOHN (1290-c. 1320)
• JOHN (1296-1346)
• JOHN (1371–1419)
• JOHN (1468-1532)
• JOHN (1801-1873)
• JOHN (Heb. llni')
• JOHN (ZAPOLYA) (1487-1540)
• JOHN, 4TH MARQUESS OF TWEEDDALE (c. 1695-1762)
• JOHN, DON (1545-1578)
• JOHN, DON (1629–1679)
• JOHN, GOSPEL OF ST
• JOHN, or HAYS (1513–1571)
• JOHN, THE APOSTLE
• JOHN, THE EPISTLES OF

John See also:

• HOWARD (FAMILY)
• HOWARD, CATHERINE (d. 1542)
• HOWARD, JOHN (1726-1790)
• HOWARD, LORD WILLIAM (1563–1640)
• HOWARD, OLIVER OTIS (1830-19o9)
• HOWARD, SIR ROBERT (1626–1698)

Howard, the See also:

• PEINE

peine forte et dure, and the See also:

• DRAWING

drawing and quartering in executions for See also:

• TREASON (Fr. trahison, Lat. traditio)

treason, fall without any straining of terms under the See also:

• CATEGORY (Gr. Karrlyopia, " accusation ")

category of torture . The whole subject is now one of only See also:

• HISTORICAL

historical See also:

• INTEREST

interest as far as Europe is concerned . It was, however, up to a comparatively See also:

• RECENT

recent date an integral part of the See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law of most countries (to which See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England, See also:

• ARAGON, or ARRAGON (in Span. Aragon)

Aragon and See also:

• SWEDEN
• SWEDEN [Sverige]
• SWEDEN, NORWAY AND

Sweden' formed See also:

• HONOURABLE (Fr. honorable, from Lat. honorabilis, worthy of honour)

honourable exceptions)—as much a See also:

• COMMONPLACE

commonplace of law as trial by See also:

• JURY

jury in England.' The prevailing view, no doubt, was that truth was best obtained by See also:

• CONFESSION (Lat. confessio, from confiteor, acknowledge, confess)

confession, the See also:

• REGINA

regina probationum . Where confession was not voluntary, it must be extorted . Speaking generally, torture may be said to have succeeded the See also:

• ORDEAL (O.Eng. ordal, ordael, judgment)

ordeal and trial by See also:

• BATTLE

battle . Where these are found in full vigour, as in the capitularies of See also:

• CHARLEMAGNE [CHARLES THE GREAT] (c. 742-814)
• CHARLEMAGNE, JEAN ARMAND (1753–1838)

Charlemagne, there is no See also:

• PROVISION (Lat. provisio)

provision for torture . It was no doubt accepted reluctantly as being a quasi judicium Dei, but tolerated in the See also:

• ABSENCE (Lat. absentia)

absence of any better means of eliciting truth, especially in cases of See also:

• GREAT

great gravity, on the illogical See also:

• ASSUMPTION, FEAST OF

assumption that extraordinary offences must be met by extraordinary remedies . Popular feeling too, says Verri, preferred, as causes of evil, human beings who could be forced to confess, rather than natural causes which must be accepted with resignation .

Confession, as probatio probatissima and vox See also:

• VERA, AUGUSTO (1813-1885)

vera, was the best of all evidence, and all the machinery of law was moved to obtain it . The trials for See also:

• WITCHCRAFT

witchcraft remain on See also:

• RECORD (Lat. recordari, to recall to mind, from cor, heart or mind)

record as a refutation of the theory . The opinions of the best See also:

• LAY

lay authorities have been almost unanimously against the use of torture, even in a See also:

• SYSTEM

system where it was as completely established as it was in See also:

• ROMAN

Roman law . " Tormenta," says See also:

• CICERO

Cicero,' in words which it is almost impossible to translate satisfactorily, " gubernat dolor, regit quaesitor, flectit libido, corrumpit See also:

• SPES

spes, infirmat metus, ut in tot rerum angustiis nihil veritati loci relinquatur." See also:

• SENECA

Seneca says bitterly, " it forces even the See also:

• INNOCENT (INNOCENTIUS)
• INNOCENT (POPES)

innocent to See also:

• LIE, JONAS LAURITZ EDEMIL (1833—1908)
• LIE, MARIUS SOPHUS (1842–1899)

lie." St See also:

• AUGUSTINE, SAINT (354-430)
• AUGUSTINE, SAINT (d. c.613)

Augustine 4 recognizes the See also:

• FALLACY (Lat. fall-ax, apt to mislead)

fallacy of torture . " If," says he, " the accused be innocent, he will undergo for an uncertain See also:

• CRIME (Lat. crimen, accusation)

crime a certain punishment, and that not for having committed a crime, but because it is'unknown whether he committed it." At the same time he regards it as excused by its See also:

• NECESSITY (Lat. necessitas)

necessity . The words of See also:

• ULPIAN (DoMrrIus ULPIANUS)

Ulpian, in the See also:

• DIGEST

Digest of Justinian,' are no less impressive: " The torture (quaestio) is not to be regarded as wholly deserving or wholly undeserving of confidence; indeed, it is untrustworthy, perilous and deceptive . For most men, by See also:

• PATIENCE

patience or the severity of the torture, come so to despise the torture that the truth cannot be elicited from them; others are so impatient that they will lie in any direction rather than suffer the torture; so it happens that they depose to contradictions and accuse not only themselves but others." See also:

• MONTAIGNE, MICHEL DE (1533-1592)

Montaigne's' view of torture as a part of the punishment is a most just one: " All that exceeds a simple See also:

• DEATH

death appears to me See also:

• ABSOLUTE (Lat. absolvere, to loose, set free)

absolute See also:

• CRUELTY (through the O. Fr. crualte, mod. cruaute, from the Lat. crudelitas)

cruelty; neither can our See also:

• JUSTICE (Lat. justitia)

justice expect that he whom the fear of being executed by being beheaded or hanged will not restrain should be any more awed by the See also:

• IMAGINATION

imagination of a languishing See also:

• FIRE (in O. Eng. f j'r; the word is common to West German languages, cf. Dutch vuur, Ger. Feuer; the pre-Teutonic form is seen in Sanskrit pu, pavaka, and Gr. irup; the ultimate origin is usually taken to be a root meaning to purify, cf. Lat. purus)

fire, burning pincers, - or the See also:

• WHEEL (0. Eng. hweol, hweohl, &c., cognate with Icel. hjol, Dan. hiul, the Indo-European root is seen in Sanskrit chakra, Gr. r in Aos, circle, whence " cycle ")
• WHEEL, BREAKING ON THE

wheel." He continues with the curious phrase: " He whom the See also:

• JUDGE (Lat. judex, Fr. juge)

judge has tortured (gehenne) that he may not See also:

• DIE
• DIE (Fr. de, from Lat. datum, given)

die innocent, See also:

• DIES, CHRISTOPH ALBERT (1755-1822)

dies innocent and tortured." See also:

• MONTESQUIEU, CHARLES LOUIS DE SECONDAT, BARON DE LA BREDE ET DE (1689-1755)

Montesquieu' speaks of torture in a most guarded manner, condemning it, but without giving reasons, and eulogizing England for doing without it . The system was condemned by See also:

• BAYLE, PIERRE (1647-1706)

Bayle and See also:

• VOLTAIRE, FRANCOIS MARIE AROUET DE (1694–1778)

Voltaire with less reserve . Among 1 But even in these countries, whatever the law was, torture certainly existed in fact . 2 See also:

• PRIMITIVE

Primitive systems varied . There is no trace of it in Babylonian or See also:

• MOSAIC (corresponding to Lat. opus musivum, from Gr. µovoeiov, an artificial grotto often decorated with mosaics; the word is only found in the sense of mosaic in late Greek, which generally uses k oXI yrlµa)

Mosaic law, but See also:

• EGYPTIAN

Egyptian and See also:

• ASSYRIAN

Assyrian provided for it; and the See also:

• STORY, JOHN (c. 1510-1571)
• STORY, JOSEPH (1779-1845)
• STORY, ROBERT HERBERT (1835-1907)
• STORY, WILLIAM WETMORE (1819—1895)

story of See also:

• REGULUS, MARCUS ATILIUS

Regulus seems to show that it was in use at See also:

• CARTHAGE
• CARTHAGE (Phoenician Kart-hadshat, " New City "; Gr. Kapxn5c; v, Lat. Carthago or Carchedon)
• CARTHAGE, SYNODS OF

Carthage . ' See also:

• PRO

Pro See also:

• SULLA, LUCIUS CORNELIUS (138–78 B.C.)

Sulla, c .

28 . 4 De civ . Dei, bk. xix. c . 6 . Dig. xlviii . 18, 23 . 'See also:

• ESSAY, ESSAYIST (Fr. essai, Late Lat. exagium, a weighing or balance; exigere, to examine; the term in general meaning any trial or effort)

Essay lxv . (See also:

• COTTON
• COTTON (Fr. coton; from Arab. qutun)
• COTTON, CHARLES (163o–1687)
• COTTON, GEORGE EDWARD LYNCH (1813–1866)
• COTTON, JOHN (1585–1652)
• COTTON, SIR ROBERT BRUCE

Cotton's trans.) 7 Esprit See also:

• DES

des lois, bk. vi . C . 17 . the Germans, Sonnenfels (1766), and, among the Italians, See also:

• BECCARIA, GIOVANNI BATTISTA (1716-1781)

Beccaria,l Verri 2 and See also:

• MANZONI, ALESSANDRO FRANCESCO TOMMASO ANTONIO (1785-1873)

Manzoni 3 will be found to contain most that can be said on the subject . The See also:

• INFLUENCE (Late Lat. influentia, from influere, to flow in)

influence of Beccaria in rendering the use of torture obsolete was undoubtedly greater than that of any other legal reformer .

The great point that he makes is the unfair incidence of torture, as minds and bodies differ in strength . Moreover, it is, says he, to confound all relations to expect that a man should be both accuser and accused, and that pain should be the test of truth, as though truth resided in the muscles and See also:

• FIBRES
• FIBRES (or FIBERS, in American spelling; from Lat. fibra, apparently connected either with filum, thread, or findere, to split)

fibres of a wretch under torture . The result of the torture is simply a See also:

• MATTER

matter of calculation . Given the force of the muscles and the sensibility of the nerves of an innocent person, it is required to find the degree of pain necessary to make him confess himself guilty of a given crime . Bentham's4 objection to torture is that the effect is exactly the See also:

• REVERSE

reverse of the intention . " Upon the See also:

• FACE (from Lat. fades, derived either from facere, to make, or from a root fa-, meaning " appear "; cf. Gr. cbatvstv)

face of it, and probably enough in the intention of the framers, the See also:

• OBJECT

object of this institution was the See also:

• PROTECTION

protection of innocence; the protection of See also:

• GUILT

guilt and the See also:

• AGGRAVATION (from Lat. ad, increasing, and gravis, heavy)

aggravation of the pressure upon innocence was the real See also:

• FRUIT (through the French from the Lat. fructus; frui, to enjoy)

fruit of it." The apologists of torture are chiefly among jurists . But theoretical objections to it are often urged by the authors of books of practice, as by Damhouder, von Rosbach, von Boden, Voet, and others named below under the See also:

• HEAD (in 0. Eng. heafad; the word is common to Teutonic languages; cf. Dutch hoofd, Ger. Haupt, generally taken to be in origin connected with Lat. caput, Gr. KerbOvi7)
• HEAD, SIR EDMUND WALKER, BART
• HEAD, SIR FRANCIS BOND, BART

head of The See also:

• NETHERLANDS

Netherlands, It is worthy of See also:

• NOTE
• NOTE (Lat. nota, mark, sign, from noscere, to know)

note as illustrative of the feeling of the time that even Bacon9 compares experiment in nature to torture in See also:

• CIVIL

civil matters as the best means of eliciting truth . Muyart de Vouglans 6 derives the origin of torture from the law of See also:

• GOD

God . Other apologists are See also:

• SIMANCAS

Simancas, See also:

• BISHOP (A.S. bisceop, from Lat. episcopus, Gr. irio-Korros, " overlooker " or " overseer ")
• BISHOP, ISABELLA (1832-1904)
• BISHOP, SIR HENRY ROWLEY (1786-1855)

bishop of See also:

• BADAJOZ
• BADAJOZ (formerly sometimes written Badajos)

Badajoz,7 See also:

• ENGEL, ERNST (1821-1896)
• ENGEL, JOHANN JAKOB (1741-1802)

Engel,8 Pedro de See also:

• CASTRO, INEZ DE (d. 1355)
• CASTRO, JOAO DE (1500-1548)

Castro,9 and in England See also:

• SIR

Sir R . See also:

• WISEMAN, NICHOLAS PATRICK STEPHEN (1802-1865)

Wiseman.10 See also:

• GREECE

Greece.—The See also:

• OPINION (Lat. opinio, from opinari, to think)

opinion of See also:

• ARISTOTLE
• ARISTOTLE (384-322 B.C.)

Aristotle was in favour of torture as a mode of See also:

• PROOF (in M. Eng. preove, proeve, preve, &°c., from O. Fr . prueve, proeve, &c., mod. preuve, Late. Lat. proba, probate, to prove, to test the goodness of anything, probus, good)

proof . " It is," he says, " a kind of evidence, and appears to carry with it absolute credibility because a kind of constraint is applied." It is classed as one of the " artless persuasions " (itesgpoL 7rturssS).11 " It was the surest means of obtaining evidence, says See also:

• DEMOSTHENES

Demosthenes .? At See also:

• ATHENS
• ATHENS ['AN vat, Athenae, modem colloquial Greek `Ath va]

Athens slaves, and probably at times See also:

• RESIDENT

resident aliens, were tortured,13 in the former See also:

• CASE
• CASE, JOHN (d. 1600)

case generally with the See also:

• MASTER (Lat. magister, related to tnagis, more, as the corresponding minister is to minus, less; the English form is due partly to the O. Eng. maegister, and partly to O. Fr. maistre, mod. maitre; cf. Du. meester, Ger. Meister, Ital. maestro)

master's consent, but torture was seldom applied to See also:

• FREE

free citizens,34 such application being forbidden by a psephism passed in the archonship of Scamandrius .

After the See also:

• MUTILATION (from Lat. mutilus, maimed)

mutilation of the See also:

• HERMAE

Hermae in 415 B.C. a proposition was made, but not carried, that it should be applied to two senators named by an informer . In this particular case See also:

• ANDOCIDES

Andocides gave up all his slaves to be tortured.15 Torture was sometimes inflicted in open See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court . The See also:

• RACK

rack was used as a punishment even for free citizens . See also:

• ANTIPHON

Antiphon was put to death by this means ? The torture of See also:

• NICIAS
• NICIAS (d. 414 B.C.)

Nicias by the Syracusans is alluded to by Thucydides17 as an event likely to happen, and it was only in See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order to avoid the possibility of inconvenient disclosures that he was put to death without torture . Isocrates and See also:

• LYSIAS

Lysias refer to torture under the generic name of orpl¢Xwocs, but it was generally called (i6.Qavo,, in the plural, like tormenta . As might be expected, torture was frequently inflicted by the See also:

• GREEK
• GREEK, ETRUSCAN AND

Greek despots, and both See also:

• ZENO

Zeno and See also:

• ANAXARCHUS (c. 340 B.C.)

Anaxarchus are said to have been put to it by such irresponsible authorities . At See also:

• SPARTA (Gr. Eirapril or AaKe5atycav)

Sparta the See also:

• DESPOT (Gr. Sc-va6rgs, lord or master; the origin of the first part of the Gr. word is unknown, the second part is cognate with rbvcs, husband, Lat. potens, powerful)

despot Nabis was accustomed, as we learn from See also:

• POLYBIUS (c. 204–122 B.C.)

Polybius,ls to put persons to death by an See also:

• INSTRUMENT (Lat. instrumentum, from insincere, to build up, furnish, arrange, prepare)

instrument of torture in the See also:

• FORM (Lat. forma)

form of his wife Apega, a mode of torture no doubt resembling the Jungfernkuss once used in See also:

• GERMANY
• GERMANY (Ger. Deutschland)

Germany . At See also:

• ARGOS

Argos, as Diodorus informs us (xv . 57), certain conspirators were put to the torture in 371 B.C.19 Dei Delitti e delle bene, c. xvi . 2 Osservazioni sulla tortura . 3 Storia della See also:

• COLONNA
• COLONNA, GIOVANNI PAOLO (circa 1637—1695)
• COLONNA, VITTORIA (1490-1547)

Colonna infame .

4 See also:

• WORKS

Works, vii . 525 . Nov . Org., bk. i. aph . 98 . In the See also:

• ADVANCEMENT

Advancement of Learning, bk. iv. ch . 4, See also:

• BACON
• BACON (through the O. Fr. bacon, Low Lat. baco, from a Teutonic word cognate with " back," e.g. O. H. Ger. pacho, M. H. Ger. backe, buttock, flitch of bacon)
• BACON, FRANCIS (BARON VERULAM, VISCOUNT ST ALBANS) (1561-1626)
• BACON, JOHN (1740–1799)
• BACON, LEONARD (1802–1881)
• BACON, ROGER (c. 1214-c. 1294)
• BACON, SIR NICHOLAS (1509-1579)

Bacon collects many instances of constancy under torture . ° Instituts du See also:

• DROIT (Fr. for " right," from Lat. directus, straight)

droit criminel (See also:

• PARIS
• PARIS (also called ALEXANDROS)
• PARIS, ALEXIS PAULIN (1800-x881)
• PARIS, BRUNO PAULIN GASTON (1839-1903)
• PARIS, FRANCOIS DE (169o-1727)
• PARIS, LOUIS PHILIPPE ALBERT
• PARIS, TREATIES OF (1814-1815)

Paris, 1757) . 7 De catholicis institutionibus See also:

• LIBER

liber, ad praecavendas et extir pandas haereses admodum necessarius (See also:

• ROME
• ROME (Roma)

Rome, 1575) . a De tortura ex foris christianis non proscribenda (See also:

• LEIPZIG

Leipzig, 1733) . 9 Defense de la tortura (See also:

• MADRID

Madrid, 1778) . 10 Law of See also:

• LAWS

Laws, p .

122 (See also:

• LONDON

London, 1686) . Rhet . I . 15, 26 . 12 In Onetum, i . 874 . 13 Usually by the diaetetae in the Hephaestaeum, Isocrates, Trapez . 361 . u The opinion of Cicero (De partitionibus oraloriis, § 34), that it was so applied at Athens and See also:

• RHODES
• RHODES, CECIL JOHN (1853-1902)
• RHODES, JAMES FORD

Rhodes, seems, as far as regards Athens, not to be justified by existing evidence . 15 The demand for, or the giving up of, a slave for torture was called 7rpac?1rioLS its $avavov . 18 In the See also:

• RAMIE (RHEA, CHINA-GRASS)

Ramie of See also:

• ARISTOPHANES
• ARISTOPHANES (c. 448–385 B.e.1)

Aristophanes, v . 617, there is a See also:

• LIST (O.E. lisle, a Teutonic word, cf. Dut. lust, Ger. Leiste, adapted in Ital. lista and Fr. lisle)
• LIST, FRIEDRICH (1789-1846)

list of kinds of torture, and the wheel is alluded to in Lysistrata, v .

846 . 17 vii . 86 . 18 xiii . 7 . 19 For the whole subject, see See also:

• DIET

Diet . See also:

• ANT
• ANT (O. Eng. aemete, from Teutonic a, privative, and maitan, cut or bite off, i.e. " the biter off "; aemete in Middle English became differentiated in dialect use to (mete, then amte, and so ant, and also to emete, whence the synonym " emmet," now only u

Ant., s.v . Tormenta . Rome.—The Roman system was the basis of all subsequent See also:

• EUROPEAN

European systems which recognized torture as a part of their See also:

• PROCEDURE (Fr. procedure, from Lat. procedere, to go for-ward)

procedure, and the rules attained a refinement beyond anything approached at Athens . The law of torture was said by Cicero to See also:

• REST (O. Eng. rest, reste, bed, cognate with other Teutonic forms, e.g. Ger. Rast, Riiste, rest, and probably Gothic Rasta, league, i.e. resting or stopping place)

rest originally on See also:

• CUSTOM (from O. Fr. costume, costume or coustume; Low Lat. costuma, a shortened form of consuetudo)

custom (mores majorum), but there is no allusion to it in the Twelve Tables . There are frequent allusions to it in the classical writers? both of the See also:

• REPUBLIC (Lat. respublica, a commonweal or common-wealth)

republic and the See also:

• EMPIRE

empire . The law, as it existed under the later empire, is contained mainly in the titles De quaestionibus 21 of the Digest and the See also:

• CODE (Lat. codex)

Code 22—the former consisting largely of opinions from the Sententiae receptae of See also:

• PAULUS
• PAULUS (older form PAur.Lus), LUCIUS AEMILIUS
• PAULUS, HEINRICH

Paulus,23 the latter being for the most part merely a repetition of constitutions contained in the Theodosian Code.24 Both substantive law and procedure were dealt with by these texts of Roman law, the latter, however, not as fully as in See also:

• MEDIEVAL

medieval codes, a large discretion being See also:

• LEFT

left to the See also:

• JUDGES, THE BOOK OF

judges .

Torture was used both in civil and criminal trials, but in the former only upon slaves and freedmen or infamous persons (after Nov. xc . 1, 1, upon ignoti and obscuri if they showed signs of corruption)—such as See also:

• GLADIATORS (from Lat. gladius, sword)

gladiators—and in the absence of alia See also:

• MANIFEST (Lat. manifestus, clear, open to view)

manifest¢ indici¢ 25 as in cases affecting the See also:

• INHERITANCE

inheritance (res hereditariae) . Its See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place in the case of free citizens was taken by the reference to the See also:

• OATH (0. Eng. ddh)

oath of the party . During the republic torture appears to have been confined to slaves in all cases, but with the empire a free man became liable to it if accused of a crime, though in most cases not as a witness . On an See also:

• ACCUSATION (Lat. accusatio, accusare, to challenge to a causa, a suit or trial at law)

accusation of treason every one, whatever his See also:

• RANK (O.Fr. rant or rent, mod. rang, generally connected with the O.E. and O.H.G. bring, a ring)

rank, was liable to torture, for in treason the See also:

• CONDITION (Lat. condicio, from condicere, to agree upon, arrange; not connected with conditio, from condere, conditum, to put together)

condition of all was equal.20 The same was the case of those accused of sorcery (magi), who were regarded as humani generis inirnici 17 A wife might be tortured (but only after her slaves had been put to the torture) if accused of poisoning her See also:

• HUSBAND

husband . In accusations of crimes other than treason or sorcery, certain persons were protected by the dignity of their position or their See also:

• TENDER

tender See also:

• AGE (Fr. age, through late Lat. aetaticum, from aetas)

age . The See also:

• MAIN (from the Aryan root which appears in " may " and " might," and Lat. magnus, great)
• MAIN (Lat. Moenus)

main exemptions were contained in a constitution of See also:

• DIOCLETIAN (GAIUs AURELIUS VALERIUS DIOCLETIANUS) (A.D. 245–313)
• DIOCLETIAN, EDICT OF (De Pretiis rerum venalium)

Diocletian and Maximian, and included soldiers, nobles of a particular rank, i.e. eminentissimi and perfectissimi, and their descendants to the third See also:

• GENERATION (from Lat. generare, to beget, procreate; genus, stock, race)

generation, and decuriones and their See also:

• CHILDREN, LAW RELATING TO

children to a limited extent (tormenta moderata)—that is to say, they were subject to the torture of the plumbatae in certain cases, such as See also:

• FRAUD (Lat. fraus, deceit)

fraud on the See also:

• REVENUE
• REVENUE (0. Fr. revenu, from revenir, to return)

revenue and See also:

• EXTORTION (Lat. extorsio, from extorquere, to twist out, to take away by force)

extortion . In addition to these, priests (but not See also:

• CLERGY (M.E. clergie, O. Fr. clergie, from Low Lat. form clericia [Skean, by assimilation with O. Fr. clergie, Fr. clerge,from Low Lat. clericatus)
• CLERGY, BENEFIT OF

clergy of a See also:

• LOWER

lower rank), children under fourteen and pregnant See also:

• WOMEN

women were exempt . A free man could be tortured only where he had been inconsistent in his depositions, or where there was a suspicion that he was lying 28 The rules as to the torture of slaves were numerous and precise . It was a See also:

• MAXIM, SIR HIRAM STEVENS (184o- )

maxim of Roman law that torture of slaves was the most efficacious means of obtaining truth.29 They could be tortured either as accused or as witnesses for their masters in all cases, but against their masters only in accusations of treason, See also:

• ADULTERY (from Lat. adulterium)

adultery, frauds on the revenue, coining, and similar offences (which were regarded as a See also:

• SPECIES

species of treason), attempts by a husband or wife on the life of the other, and in cases where a master had bought a slave for the See also:

• SPECIAL

special See also:

• REASON (Lat. ratio, through French raison)

reason that he should not give evidence against him . The See also:

• PRIVILEGE

privilege from accusations by the slave extended to the master's See also:

• FATHER

father, See also:

• MOTHER

mother, wife, or See also:

• TUTOR (Lat. tutor, guardian, tueri, to watch over, protect)

tutor, and also to a former master . On the same principle a freedman could not be tortured against his See also:

• PATRON

patron .

The privilege did not apply where the slave was See also:

• JOINT (through Fr. from Lat. junctum, jungere, to join)

joint See also:

• PROPERTY

property, and one of his masters had been murdered by the other, or where he was the property of a See also:

• CORPORATION (from Lat. corporare, to form into a body, corpus, corporis)

corporation, for in such a case he could be tortured in a See also:

• CHARGE
• CHARGE (through the Fr. from the Late Lat. carricare, to load in a carrus or wagon; cf. " cargo ")

charge against a member of the corporation . Slaves belonging to the inheritance could be tortured in actions concerning the inheritance . The adult slaves of a deceased person could be tortured where the deceased had been murdered . In a charge of adultery against a wife, her husband's, her own and her father's slaves could be put to the torture . A slave manumitted for the See also:

• EXPRESS (through the French from the past participle of the Lat. exprimere, to press out, by transference used of representing objects in painting or sculpture, or of thoughts, &c. in words)

express purpose of escaping torture was regarded as still liable to it . Before putting a slave to torture without the consent of his master, See also:

• SECURITY (Lat. securus, free from care, safe)

security must be given to the master for his value and the oath of calumny must be taken.30 The master of a slave tortured on a false accusation could recover See also:

• DOUBLE
• DOUBLE (from the Mid. Eng. duble, the form which gives the present pronunciation, through the Old Er. duble, from Lat. duplus, twice as much)

double his value from the accuser . The undergoing of torture had at one time a serious effect upon the after-life of the slave, for in the time of See also:

• GAIUS

Gaius a slave who had been tortured could on manumission obtain no higher civil rights than those of a dediticius.31 The rules of procedure were conceived in a spirit of as much fairness as such rules could be . Some of the most important were these: The amount of torture was at the discretion of the judge, but it was to be so 20 An instance is See also:

• PLINY, THE ELDER
• PLINY, THE YOUNGER

Pliny's See also:

• LETTER (through Fr. lettre from Lat. littera or litera, letter of the alphabet; the origin of the Latin word is obscure; it has probably no connexion with the root of linere, to smear, i.e. with wax, for an inscription with a stilus)

letter to See also:

• TRAJAN [MARCUS ULPIUS TRAJANUS] (A. D. 53-117)

Trajan (Epist. x . 97), where he mentions having put to the torture two See also:

• CHRISTIAN
• CHRISTIAN, WILLIAM (1608-1663)

Christian deaconesses (ministrae) . The words are confitentes iterum ac tertio interrcgavi . This supports See also:

• TERTULLIAN (c. 155-c. 222)

Tertullian's objection to the torture of Christians, torquemur confitentes (A poi. c . 2) .

z1 Quaestio included the whole See also:

• PROCESS

process of which torture was a part . In the words of Cujacius, Quaestio est interrogatio quae See also:

• FIT

fit per aormenta, vel de reis, vel de testibus qui facto intervenisse dicuntur . 22 Dig. xlviii . 18; See also:

• COD

Cod. ix . 41 . 23 v . 14, 15, 16 . 24 ix . 35 . 25 Cod. ix . 8, 3 . 29 Ibid. ix .

8, 4 . 27 Ibid. ix . 18, 7 . 28 Ibid. iv . 20, 13 . 29 Ibid. i . 3, 8 . 30 Ibid. ii . 59, I, T . The demand of another man's slave for torture was postulare . 31 Gaius i . 13 .

applied as not to injure life or See also:

• LIMB

limb . If so applied the judge was infamis . The examination was not to begin by torture; other proofs must be exhausted first . The evidence' must have advanced so far that nothing but the confession of the slave was wanting to See also:

• COMPLETE

complete it . Those of weakest See also:

• FRAME

frame and tenderest age were to be tortured first . Except in treason, the unsupported testimony of a single witness was not a sufficient ground for torture . The See also:

• VOICE (Fr. voix, from Lat. vox)

voice and manner of the accused were to be carefully observed . A spontaneous confession, or the evidence of a See also:

• PERSONAL

personal enemy, was to be received with caution . Repetition of the torture could only be ordered in case of inconsistent depositions or denial in the face of strong evidence . There was no See also:

• RULE

rule limiting the number of repetitions . Leading questions were not to be asked . A judge was not liable to an See also:

• ACTION

action for anything done during the course of the examination .

An See also:

• APPEAL

appeal from an order to torture was competent to the accused, except in the case of slaves, when an appeal could be made only by the master.' The appellant was not to be tortured pending the appeal, but was to remain in See also:

• PRISON (derived through the Fr. from the Lat. prehensio, seizure)

prison.' The quaesitor asked the questions, the tortores applied the See also:

• INSTRUMENTS

instruments . The See also:

• PRINCIPAL

principal forms of torture in use were the equuleus, or rack (mentioned as far back as Cicero),4 the plumbatae, or leaden balls, the ungulae, or barbed hooks, the lamina, or hot See also:

• PLATE

plate, the male mansio,' and the fidiculae, or See also:

• CORD (derived through the Fr. corde, from the Lat. chorda, Gr. xop(5rt, the string of a musical instrument)

cord compressing the See also:

• ARM (a common Teutonic word; the Indo-European root is ar, to join or fit; cf. the Lat. armus, shoulder, and the plural word arma, weapons, Gr. apphs, joint, and the reduplicated apapilKSV, to join)

arm . Other allusions in the Digest and Code, in addition to those already cited, may be shortly noticed . The testimony of a gladiator or infamous person (such as an See also:

• ACCOMPLICE (from Fr. complice, conspirator, Lat. complex, a sharer, associate, complicare, to fold together; the ac- is possibly due to confusion with " accomplish," to complete, Lat. complere, to fill up)

accomplice) was not valid without torture.' This was no doubt the origin of the medieval See also:

• MAXIMS, LEGAL

maxims (which were, however, by no means universally recognized)—Vilitas personae est justa causa torquendi testem, and Tortura purgatur infamia . Torture could not be inflicted during the See also:

• FORTY

forty days of See also:

• LENT (0. Eng. lenclen, " spring," M. Eng. lenten, lente, lent; cf. Dut. lente, Ger. Lenz, " spring," 0. H. Ger. lenzin, lengizin, lenzo, probably from the same root as " long " and referring to " the lengthening days ")

Lent.' Robbers and pirates might be tortured even on See also:

• EASTER

Easter See also:

• DAY (O. Eng. dreg, Ger. Tag; according to the New English Dictionary, " in no way related to the Lat. dies")
• DAY, JOHN (1574-1640?)
• DAY, THOMAS (1748-1789)

day, the divine See also:

• PARDON (through the Fr. from Late Lat. perdonare, to remit a debt or other obligation on a penalty)

pardon being hoped for where the safety of society was thus assured.' See also:

• CAPITAL (i.e. capital stock or fund)
• CAPITAL (Lat. caput, head)

Capital punishment was not to be suffered until after conviction or confession under torture.9 Withdrawal from See also:

• PROSECUTION

prosecution (abolitio) was not to be allowed as a rule after the accused had undergone the torture." In charges of treason the accuser was liable to torture if he did not prove his case." The infliction of torture, not judicial, but at the same time countenanced by law, was at one time allowed to creditors . They were allowed to keep their debtors in private prisons, and most cruelly See also:

• ILL

ill-use them, in order to extort See also:

• PAYMENT (Fr. paiement, from payer, to pay; Lat. pacare, to appease, pax, peace)

payment.12 Under the empire private prisons were forbidden.13 In the time of See also:

• JUVENAL (DECIMUS JUNIUS JUVENALIS) (c. 60-140)

Juvenal the Roman ladies actually hired the public torturers to torture their domestic slaves." As a part of the punishment torture was in frequent use . Crucifixion, mutilation, exposure to See also:

• WILD, JONATHAN (c. 1682-1725)

wild beasts in the See also:

• ARENA (Lat. for " sand ")

arena and other cruel modes of destroying life were See also:

• COMMON

common, especially in the time of the persecution of the Christians under See also:

• NERO (37-68)

Nero." Crucifixion as a punishment was abolished by See also:

• CONSTANTINE

Constantine in 315, in veneration of the memory of Him who was crucified for mankind . On the other See also:

• HAND
• HAND (a word common to Teutonic languages; cf. Ger. Hand, Goth. handus)
• HAND, FERDINAND GOTTHELF (1786-185r)

hand, where the interests of the See also:

• CHURCH
• CHURCH (according to most authorities derived from the Gr. Kvpcaxov [&wµa], " the Lord's [house]," and common to many Teutonic, Slavonic and other languages under various forms—Scottish kirk, Ger. Kirche, Swed. kirka, Dan. kirke, Russ. tserkov, Buig. cerk
• CHURCH, FREDERICK EDWIN (1826-1900)
• CHURCH, GEORGE EARL (1835–1910)
• CHURCH, RICHARD WILLIAM (1815–189o)
• CHURCH, SIR RICHARD (1784–1873)

Church were concerned the tendency was in favour of greater severity . Thus, by the Theodosian Code, a heretic was to be flogged with See also:

• LEAD
• LEAD (pronounced iced)

lead (contusus plumbo) before banishment," and Justinian made liable to torture and See also:

• EXILE (Lat. exsilium or exilium, from exsul or exul, which is derived from ex, out of, and the root sal, to go, seen in salire, to leap, consul, &c.; the connexion with solum, soil, country is now generally considered wrong)

exile any one insulting a bishop or See also:

• PRIEST (Ger. Priester, Fr. pretre)

priest in a church, or saying See also:

• LITANY

litany, if a layman." ' The evidence on which the accused might be tortured was expressed in Roman law by the terms argumentum and indicium (used technically as See also:

• EARLY
• EARLY, JUBAL ANDERSON (1816-1894)

early as Cicero, See also:

• VERRES, GAIUS (c. 120-43 B.C.)

Verres, i . 10 and 17) . The latter See also:

• TERM

term, as will be seen, afterwards became one of the most important in the law of torture, but the See also:

• ANALYSIS (Gr. avci and Meta, to break up into parts)

analysis of indicium is later than Roman law . Indicium was not quite the same thing as semi-plena probatio, though the terms appear to be occasionally used as synonyms .

Indicium was rather the See also:

• FOUNDATION (Lat. fundatio, from fundare, to found)

foundation or cause of probatio, whether plena or semiplena . An indicium or a concurrence of indicia might, according to circumstances, constitute a plena or semi plena probatio . The phrase legitima indicia was sometimes used . In Sir T . See also:

• SMITH
• SMITH, ADAM (1723–1790)
• SMITH, ALEXANDER (183o-1867)
• SMITH, ANDREW JACKSON (1815-1897)
• SMITH, CHARLES EMORY (1842–1908)
• SMITH, CHARLES FERGUSON (1807–1862)
• SMITH, CHARLOTTE (1749-1806)
• SMITH, COLVIN (1795—1875)
• SMITH, EDMUND KIRBY (1824-1893)
• SMITH, G
• SMITH, GEORGE (1789-1846)
• SMITH, GEORGE (184o-1876)
• SMITH, GEORGE ADAM (1856- )
• SMITH, GERRIT (1797–1874)
• SMITH, GOLDWIN (1823-191o)
• SMITH, HENRY BOYNTON (1815-1877)
• SMITH, HENRY JOHN STEPHEN (1826-1883)
• SMITH, HENRY PRESERVED (1847– )
• SMITH, JAMES (1775–1839)
• SMITH, JOHN (1579-1631)
• SMITH, JOHN RAPHAEL (1752–1812)
• SMITH, JOSEPH, JR
• SMITH, MORGAN LEWIS (1822–1874)
• SMITH, RICHARD BAIRD (1818-1861)
• SMITH, ROBERT (1689-1768)
• SMITH, SIR HENRY GEORGE WAKELYN
• SMITH, SIR THOMAS (1513-1577)
• SMITH, SIR WILLIAM (1813-1893)
• SMITH, SIR WILLIAM SIDNEY (1764-1840)
• SMITH, SYDNEY (1771-1845)
• SMITH, THOMAS SOUTHWOOD (1788-1861)
• SMITH, WILLIAM (1769-1839)
• SMITH, WILLIAM (c. 1730-1819)
• SMITH, WILLIAM (fl. 1596)
• SMITH, WILLIAM FARRAR (1824—1903)
• SMITH, WILLIAM HENRY (1808—1872)
• SMITH, WILLIAM HENRY (1825—1891)
• SMITH, WILLIAM ROBERTSON (1846-'894)

Smith's See also:

• WORK

work, c . 24 (see below), See also:

• INDEX

index means a prisoner acting as an approver under torture . Tormentum, tortura and quaestio appear to be See also:

• EQUIVALENT

equivalent terms . The medieval jurists derived the first of these from torquere mentem, an See also:

• ETYMOLOGY (Gr. grvµos, true, and X6yos, "account)

etymology as false as testamentum from testatio mentis (Inst. ii . 10 pr.) . 2 Dig. xlix. i . 15 . 3 Cod. vii .

62, 12 . 4 See also:

• MILO
• MILO, TITUS ANNIUS

Milo, )vii . Of doubtful meaning, but perhaps like the " Little Ease " of the See also:

• TOWER (Lat. turris; Fr. tour, clocker; Ital. torre; Ger. Thurm)

Tower of London . 6 Dig. xxii . 5, 21, 2 . 7 Cod. iii . 12, 6 . ' Ibid. in . 12, 10 . 9 Ibid. ix . 47, 16 . " o Ibid. ix .

42, 3 . " Ibid. ix . 8, 3 . 12 See, for instance, See also:

• LIVY [Thus L1v1us] (59 B.C.—A.D: 17)

Livy vi . 36 . 1' Cod. i . 4, 23; ix . 5 . " 4 Ibid. vi . 480 . " As an example of such punishments, cf. the well-known lines of Juvenal (Sat. i . 155) : Taeda lucebis in ilia, Qua stantes ardent qui fixo,gutture fumant." For other poetical allusions, see vi .

48o, xiv . 21; Lucr. iii . 1030; Propert. iv . 7, 35 . is xvi . 53 . '7 Nov. cxxiii . 31 . On the subject of torture in Roman law reference may be made to Wasserscheben, Historia quaestionum per tormenta apud See also:

• ROMANOS

Romanos (See also:

• BERLIN
• BERLIN, CONGRESS AND TREATY OF
• BERLIN, ISAIAH (1725–1799)

Berlin, 1836) ; H . See also:

• WALTON, BRIAN (1600-1661)
• WALTON, IZAAK (1593-1683)

Walton . Histoire de l'esclavage daps l'antiquite (Paris, 1879) ; See also:

• MOMMSEN, THEODOR (1817–1903)

Mommsen, Romisches The Leges barbarorum are interesting as forming the See also:

• LINK

link of connexion between the Roman and the medieval systems . Through them the Roman doctrines were transmitted into the Roman law countries .

The See also:

• BARBARIAN (Gr. fap/3apos)

barbarian codes were based chiefly on the Theodosian Code . As compared with Roman law there seems to be a leaning towards humanity, e.g. the provision for redemption of a slave after confession by s . 40 of the Lex salica . After the See also:

• EDICT (Lat. edictum, from e, out, and dicere, to say, speak)

edict of Gundobald in 501 the combat rather than the torture became the expression of the judicium Dei . The Church.—As far as it could the Church adopted the Roman law . The Church generally secured the almost entire See also:

• IMMUNITY (from Lat. immunis, not subject to a munus or public service)

immunity of its clergy, at any See also:

• RATE

rate of the higher ranks, from torture by civil tribunals;" but in general, where laymen were concerned all persons were equal . In many instances See also:

• COUNCILS

councils of the Church pronounced against torture, e.g. in a See also:

• SYNOD
• SYNOD (Gr. vbvobos)

synod at Rome in 384.19 Torture even of heretics seems to have been originally left to the See also:

• ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

ordinary tribunals . Thus a See also:

• BULL
• BULL, GEORGE (1634–1710)
• BULL, JOHN (c. 1562–1628)
• BULL, OLE BORNEMANN (18ro-188o)

bull of Innocent IV., in 1282, directed the torture of heretics by the civil See also:

• POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power, as being robbers and murderers of souls, and thieves of the sacraments of God." The Church also enjoined torture for See also:

• USURY

usury.21 A characteristic See also:

• DIVISION (from Lat. dividere, to break up into parts, separate)

division of torture, accepted by the Church, but not generally acknowledged by lay authorities, was into spiritual and See also:

• CORPORAL

corporal, the latter being simply the See also:

• IMPOSITION (from Lat. imponere, to place or lay upon)

imposition of the oath of purgation, the only form originally in use in the ecclesiastical courts . The See also:

• CANON

canon law contains little on the subject of torture, and that little of a comparatively humane nature . It laid down that it was no See also:

• SIN
• SIN (O. Eng. syn: a common Teutonic word, cf. Dutch zonde, Ger. Siinde)

sin in the faithful to inflict torture," but a priest might not do so with his own hands,23 and charity was to be used in all punishments.24 No confession was to be extracted by torture" and it was not to be ordered indiciis non praecedentibus2' The principal ecclesiastical tribunal by which torture was inflicted in more recent times was the See also:

• INQUISITION, THE (Lat. inquisitio, an inquiry)

Inquisition . The code of instructions issued by See also:

• TORQUEMADA, JUAN DE (1388-1468)
• TORQUEMADA, THOMAS (1420-1498)

Torquemada in See also:

• SPAIN
• SPAIN (Espana)

Spain in 1484 provided that an accused person might be put to the torture if semiplena probatio existed against the accused—that is, so much evidence as to raise a See also:

• GRAVE

grave and not merely a See also:

• LIGHT

light presumption of guilt, often used for the evidence of one See also:

• EYE
• EYE (O. Eng. edge, Ger. Auge; derived from an Indo-European root also seen in Lat. oc-ulus, the organ of vision (q.v.)

eye or See also:

• EAR (common Teut.; O.E. are, Ger. Ohr, Du. oor, akin to Lat. auris, Gr. ovs)

ear witness of a fact . If the accused confessed during torture, and afterwards confirmed the confession, he was punished as convicted ; if he retracted, he was tortured again, or subjected to extraordinary punishment .

One or two inquisitors, or a See also:

• COMMISSIONER

commissioner of the See also:

• HOLY

Holy See also:

• OFFICE (from Lat. officium, " duty," " service," a shortened form of opifacium, from facere, " to do," and either the stem of opes, " wealth," " aid," or opus, " work ")

Office, were See also:

• BOUND, or BOUNDARY (from O. Fr. bonde, Med. Lat. bodena or butina, a frontier line)

bound to be See also:

• PRESENT

present at every examination . Owing to the occurrence of certain cases of abuse of torture, a See also:

• DECREE (from the past participle, decretus, of Lat. decernere)

decree of See also:

• PHILIP
• PHILIP (Gr.'FiXtrsro , fond of horses, from dn)^eiv, to love, and limos, horse; Lat. Philip pus, whence e.g. M. H. Ger. Philippes, Dutch Filips, and, with dropping of the final s, It. Filippo, Fr. Philippe, Ger. Philipp, Sp. Felipe)
• PHILIP, JOHN (1775-1851)
• PHILIP, KING (c. 1639-1676)
• PHILIP, LANOGRAVE OF HESSE (1504-1567)

Philip II. was issued, in 1558, forbidding the See also:

• ADMINISTRATION (Lat. administrare, to serve)

administration of torture without an order from the See also:

• COUNCIL (Lat. concilium, from cum, together, and the root cal, to call)

council . But this decree does not appear to have been fully observed . By the edict of the inquisitor-general See also:

• VALDES, JUAN DE (c. 1500-1541)

Valdes, in 1561, torture was to be left to the prudence and See also:

• EQUITY (Lat. aequitas)

equity of the judges . They must consider motives and circumstances before decreeing torture, and must declare whether it is to be employed in ca put proprium, i.e. to extort a confession, or 'in ca put alienum, i.e. to incriminate an accomplice . Torture was not to be decreed until the termination of the process and after See also:

• DEFENCE
• DEFENCE (Lat. defendere, to defend)

defence heard, and the decree was subject to appeal, but only in doubtful cases, to the Council of the Supreme . It was also only in doubtful cases that the inquisitors were bound to consult the council; where the law was clear (and of this they were the judges) there need be no consultation, and no appeal was allowed . On ratification twenty-four See also:

• HOURS, CANONICAL

hours afterwards of a confession made under torture, the accused might be reconciled, if the inquisitors believed him to be sincerely repentant . If convicted of See also:

• BAD, BCD

bad faith he might be relaxed, i.e. delivered to the See also:

• SECULAR (Lat. saecularis, of or belonging to an age or generation, saeculum)

secular power to be burned . The inquisitors had a discretion to allow the accused to make the canonical purgation by oath instead of undergoing corporal torture, but the rule which allows this to be done at the same time discountenances it as fallacious . It is remarkable that the rules do not allow much greater efficacy to torture . They speak of it almost in the terms of Roman law as dangerous and uncertain, and depending for its effects on See also:

• PHYSICAL

physical strength 27 Torture had ceased to be inflicted before the suppression of the Inquisition, and in 1816 a papal bull decreed that torture should cease, that proceedings should be public, and that the accuser should be confronted with the accused .

The rules in themselves were not so cruel as the construction put upon them by the inquisitors . For instance, by Torquemada's instructions torture could not be repeated unless in case of retractation . This led to the subtlety of calling a renewed torture a continuation, Strafrecht, iii . 5 (Leipzig, 1899) ; Greenidge, Legal Procedure of Cicero's Time, p . 479 (See also:

• OXFORD
• OXFORD, EARLS OF
• OXFORD, EDWARD DE VERE, 17TH EARL
• OXFORD, JOHN DE VERE, 13TH EARL OF (1443-1513)
• OXFORD, PROVISIONS OF
• OXFORD, ROBERT DE VERE, 9TH EARL OF (1362-1392)
• OXFORD, ROBERT HARLEY, 1ST

Oxford, 1901) . " a See Escobar, Theol . Mor. See also:

• TRACT (from Lat. tractare, to treat of a matter, through Provencal tractat and Ital. trattato)

tract. vi. c . 2 . They were to be tortured only by the clergy, where possible, and only on indicia of special gravity . " See also:

• LEA, HENRY CHARLES (1825–1909)

Lea, Superstition and Force, p . 419 (3rd ed., See also:

• PHILADELPHIA

Philadelphia, 1878) . 2° Leges et constitutions contra haereticos, § 26 .

21 See also:

• LECKY, WILLIAM EDWARD HARTPOLE (1838–1903)

Lecky, See also:

• RATIONALISM (from Lat. rationalis, pertaining to reason, ratio)

Rationalism in Europe, ii . 34 . 22 Decretum, pt. ii . 23, 4, 45 . 23 Ibid. pt. i . 86, 25 . 24 Ibid. pt. ii . 12, 2, 11 . 26 Ibid. pt. ii . 15, 6, I . 26 See also:

• DECRETALS (Epistolae decretales)

Decretals, v . 41, 6 .

27 The rules will be found in H . C . Lea, Hist. of the Inquisition of Spain (1go6) . See also Hist. of the Inquisition of the See also:

• MIDDLE

Middle Ages (New See also:

• YORK
• YORK (HOUSE OF)
• YORK, EDMUND OF LANGLEY, DUKE OF (1341-1402)
• YORK, EDWARD
• YORK, FREDERICK AUGUSTUS, DUKE OF (1763-1827)
• YORK, RICHARD, DUKE

York, 1888) by the same writer; R . See also:

• SCHMIDT, H
• SCHMIDT, HEINRICH JULIAN (1818-1886)
• SCHMIDT, KARL VON (1817-1875)
• SCHMIDT, WILHELM ADOLF (1812-1887)

Schmidt, Die Herkunft des Inquisitionsprocesses (Berlin, 1902) . and not a repetition . The rules of Torquemada and of Valdes are those of the greatest historical importance, the latter forming the code of the Holy Office until its suppression, not only in Spain, but in other countries where the Inquisition was established . But several other manuals of procedure existed before the final perfection of the system by Valdes . The earliest is perhaps the instructions for inquisitors (Directorium inquisitorum) compiled a See also:

• CENTURY (from Lat. centuria, a division of a hundred men)

century earlier than Torquemada by See also:

• NICHOLAS
• NICHOLAS (1841– )
• NICHOLAS (or NICLAES), HENRY (or HENDRIK) (c. 1501-C. 158o)
• NICHOLAS, SIR EDWARD (1593-1669)
• NICHOLAS, ST

Nicholas Eymerico, See also:

• GRAND

grand inquisitor of Aragon about 1368.1 Rules of practice were also framed two centuries later by Simancas, whose position as an apologist has been already stated . The textbook of procedure of the See also:

• ITALIAN

Italian Inquisition was the Sacra arsenale.2 In 1545 and 155o instructions for the guidance of inquisitors were issued by See also:

• CHARLES
• CHARLES (1270-1325)
• CHARLES (1421-1461)
• CHARLES (1525-1574)
• CHARLES (c. 1319-1364)
• CHARLES (Fr. Charles; Span. Carlos; Ital. Carlo; Ger. Karl; derived from O.H.G. Charal,latinized as Carolus, meaning originally " man ": cf. Mod.Ger., Kerl," fellow," A.S. ceorl, Mod. Eng. " churl ")
• CHARLES (KARL EITEL ZEPHYRIN LUDWIG; in Rum. CAROL)
• CHARLES [KARL ALEXANDER] (1712-1780)
• CHARLES, ELIZABETH (1828-1896)
• CHARLES, JACQUES ALEXANDRE CESAR (1746-1823)
• CHARLES, THOMAS (1755-1814)

Charles V . The liability of a judge for exceeding the law was not always recognized by the Inquisition to the same extent as by the lay tribunals . See also:

• LLORENTE, JUAN ANTONIO (1756-1823)

Llorente gives an instance of a See also:

• WARRANT (Med. Lat. warantum; O. Fr. garant, warant, derived from O.H.G. root represented in modern German bygewdhren)

warrant by an inquisitor to a licentiate ordering the torture of an accused person, and protesting that, in case of death or fracture of limbs, the fact is not to be imputed to the licentiate.' Thus far of the law .

In practice all the ingenuity of cruelty was exercised to find new modes of torment.4 These cruelties led at times to remonstrance from the civil power . One example is the edict of Philip II. just mentioned . Another and an earlier one is an ordonnance of Philip the See also:

• FAIR

Fair, in 1302, bidding the Inquisition confine itself within the limits of the law.' At See also:

• VENICE
• VENICE (continued)
• VENICE (Venezia)

Venice the See also:

• SENATE (Lat. senatus, from root sen-, as in senex, old; the root is the Sanskrit sana, cf. Gr. 'vos; the same element appears in senor, seigneur, seneschal)

senate decreed that three sena'Iors should be present as inquisitors . As the practice of torture became more systematized, it See also:

• GREW, NEHEMIAH (1641-1712)

grew to be the subject of casuistical inquiry by churchmen to an extent far exceeding the scanty discussion of the question in the See also:

• TEXT (Lat. textum, woven fabric, from texere, to weave)

text of the canon law . It will be sufficient here to cite as an example the treatment of it by See also:

• LIGUORI, ALFONSO MARIA DEI (1696-1787)

Liguori, who incorporates the opinions of many of the See also:

• SPANISH

Spanish casuists . On the whole, his views appear to be more humane than the prevailing practice . The object of torture he defines very neatly as being to turn semi plena into plena probatio . For this proper indicia are necessary . He then proceeds to decide certain questions which had arisen, the most interesting of which See also:

• DEAL

deal with the nature of the sin of which the accused and the judge are guilty in particular instances . A judge sins gravely if he does not See also:

• ATTEMPT (Lat. adtemptare, attentare, to try)

attempt all milder means of discovering truth before resorting to torture . He sins in a criminal cause, or in one of notable See also:

• INFAMY (Lat. infamia)

infamy, if he binds the accused by oath to tell the truth before there is proof against him . It is the same if without oath he uses threats, terror or See also:

• EXHIBITION

exhibition of torments to confound the witness.' If any one, to avoid grave torments, charges himself with a capital crime, he does not sin mortally ?

It was a doubtful question whether he sinned gravely in such a case . Escobar at an earlier date supported the morally dangerous view that an inquisitor may follow a probable opinion in ordering torture, relinquishing a more probable.' England.—It is the boast of the common law of England that it never recognized torture as legal . One, perhaps the See also:

• CHIEF (from Fr. chef, head, Lat. caput)

chief, reason for this position taken by the law is the difference of the nature of the procedure in criminal cases from that in general use in European countries . To use words more See also:

• FAMILIAR (through the Fr. familier, from Lat. familiaris, of or belonging to the familia, family)

familiar in See also:

• FOREIGN

foreign See also:

• JURISPRUDENCE (Lat. jurisprudenlia, knowledge of law, from jus, right, and prudentia, from providere, to foresee)
• JURISPRUDENCE, COMPARATIVE

jurisprudence, the English system is accusatorial as distinguished from inquisitorial . In the former the accuser has to prove guilt, in the latter the accused has to prove innocence . The common law of England has always shown itself averse from the inquisitorial system, and so (at least in theory) to the torture which may be regarded as an outcome of the system whose one end was to obtain a confession from the accused . The tendency of the small amount of See also:

• STATUTE

statute law bearing on the subject is in the same direction . It was provided by Magna Carta, § 29, " that no free man . . . should be destroyed in any way unless by legal See also:

• JUDGMENT

judgment of his equals or by the law of the See also:

• LAND

land." On this Sir E . See also:

• COKE (a northern English word, possibly connected with " colk," core)
• COKE, SIR EDWARD (1552-1634)
• COKE, SIR JOHN (1563-1644)
• COKE, THOMAS (1747-1814)

Coke comments, " No man destroyed, &c., that is, fore-judged of life or limb, disinherited, or put to torture or death."' The See also:

• ACT (Lat. actus, actum)

act of 27 See also:

• HEN

Hen . VIII. c . 4 enacted that, owing to the frequent See also:

• ESCAPE (in mid. Eng. eschape or escape, from the O. Fr. eschapper, modern echapper, and escaper, low Lat. escapium, from ex, out of, and cappa, cape, cloak; cf. for the sense development the Gr. iichueoOat, literally to put off one's clothes, hence to sli

escape of pirates in trials by the civil law, " the nature whereof is that before any judgment of death can be given against the offenders they must plainly confess their offence (which they will never do without torture or pains)," such persons should be tried by jury before commissioners under the Great See also:

• SEAL
• SEAL, FUR
• SEAL, HAIR

Seal .

Finally, the See also:

• BILL

Bill of Rights provided that cruel and unusual punishments ought not to be inflicted . The opinions of the judges have been invariably against torture in theory, however much some of them may have 1 An edition was published at Rome in 1558, and a compendium at See also:

• LISBON (Lisboa)

Lisbon in 1762, and by See also:

• MARCHENA

Marchena at See also:

• MONTPELLIER

Montpellier in 1821 . 2 It was by Father Masini, and went through numerous See also:

• EDITIONS

editions (complete or compendia) from 1558 to 1730 . Among other manuals of practice were those of Carenas See also:

• CAESAR, GAIUS JULIUS (102—44 B.c.)
• CAESAR, SIR JULIUS (1557-1558-1636)

Caesar (1655), See also:

• MORELLET, ANDRE (1727-1819)

Morellet (1762) . Llorente c. xiv . 4 Among others were the See also:

• GRADUAL (Med. Lat. gradualis, of or belonging to steps or degrees; gradus, step)

gradual pouring of See also:

• WATER

water drop by drop on a particular spot of the See also:

• BODY

body, the tormento de loco, or pouring of water into a See also:

• GAUZE

gauze bag in the See also:

• THROAT (O. Eng. protu, prote or }Prota, possibly from preotan, to press, whence threat, or, with loss of initial s, connected with strut, to swell)

throat, which gradually forced the gauze into the See also:

• STOMACH (Gr. vrbsaxos from arbga, a mouth)

stomach, and the pendola, or swinging pendulum, so graphically described in one of See also:

• EDGAR (EADGAR)
• EDGAR, or EADGAR (c. 1050-c. 1130)

Edgar See also:

• POE, EDGAR ALLAN (18og-1849)

Poe's tales . Ordonnances des rois, i . 346 . 6 Theol. mor. bk. ix . § 202 . 7 Ibid . § 274 .

Ibid. v . 3 and 7 . 9 2 Inst . 48 b.been led to countenance it in practice . The strongest authority is the See also:

• RESOLUTION

resolution of the judges in See also:

• FELTON, CORNELIUS CONWAY (1807-1862)
• FELTON, JOHN (c. 1595-1628)

Felton's case (1628), " that he ought not by the law to be tortured by the rack, for no such punishment is known or allowed by our law."10 In accordance with this are the opinions of Sir John See also:

• FORTESCUE, SIR JOHN (c. 1394-c. 1476)
• FORTESCUE, SIR JOHN (c. 1531-1607)

Fortescue," Sir See also:

• THOMAS
• THOMAS (c. 1654-1720)
• THOMAS (d. 110o)
• THOMAS, ARTHUR GORING (1850-1892)
• THOMAS, CHARLES LOUIS AMBROISE (1811-1896)
• THOMAS, GEORGE (c. 1756-1802)
• THOMAS, GEORGE HENRY (1816-187o)
• THOMAS, ISAIAH (1749-1831)
• THOMAS, PIERRE (1634-1698)
• THOMAS, SIDNEY GILCHRIST (1850-1885)
• THOMAS, ST
• THOMAS, THEODORE (1835-1905)
• THOMAS, WILLIAM (d. 1554)

Thomas Smith 12 and Sir E . Coke . The latter says, " As there is no law to warrant tortures in this land, nor can they be justified by any See also:

• PRESCRIPTION

prescription, being so lately brought in." 13 In spite of all this, torture in criminal proceedings was inflicted in England with more or less frequency for some centuries, both as a means of obtaining evidence and as a part of the punishment . But it should be remarked that torture of the former kind was invariably ordered by the See also:

• CROWN

Crown or council, or by some tribunal of extraordinary authority, such as the See also:

• STAR

Star Chamber, not professing to be bound by the rules of the common law . In only two instances was a warrant to torture issued to a common law judge.14 A See also:

• LICENCE (through the French from Lat. licentia, licere, to be lawful)

licence to torture is found as early as the See also:

• PIPE

Pipe See also:

• ROLL (O. Fr. rolle, roulle, mod. role, Lat. rotulus, dim. of rota, wheel)
• ROLL, ALFRED PHILIPPE (1846– )

Roll of 34 Hen . I I.16 The See also:

• TEMPLARS

Templars were tortured in 1310 by royal warrant addressed to the See also:

• MAYOR (Lat. major, greater)
• MAYOR, JOHN EYTON BICKERSTETH (1825– )

mayor and sheriffs of London.16 In this case it is recorded that torture was unknown in England, and that no torturer was to be found in the See also:

• REALM

realm 17 A See also:

• COMMISSION (from Lat. commissio, committere)

commission was issued concerning the tortures at Newgate in 1334.18 The rack in the Tower is said to have been introduced by the See also:

• DUKE (corresponding to Fr. duc, Ital. duca, Ger. Herzog)

duke of See also:

• EXETER
• EXETER, EARL, MARQUESS AND DUKE OF

Exeter in the reign of See also:

• HENRY
• HENRY (1129-1195)
• HENRY (c. 1108-1139)
• HENRY (c. 1174–1216)
• HENRY (Fr. Henri; Span. Enrique; Ger. Heinrich; Mid. H. Ger. Heinrich and Heimrich; O.H.G. Haimi- or Heimirih, i.e. " prince, or chief of the house," from O.H.G. heim, the Eng. home, and rih, Goth. reiks; compare Lat. rex " king "—" rich," therefore " mig
• HENRY, EDWARD LAMSON (1841– )
• HENRY, JAMES (1798-1876)
• HENRY, JOSEPH (1797-1878)
• HENRY, MATTHEW (1662-1714)
• HENRY, PATRICK (1736–1799)
• HENRY, PRINCE OF BATTENBERG (1858-1896)
• HENRY, ROBERT (1718-1790)
• HENRY, VICTOR (1850– )
• HENRY, WILLIAM (1795-1836)

Henry VI., and to have been thence called " the duke of Exeter's daughter." 19 In this reign torture seems to have taken its place as a part of what may be called extraordinary criminal procedure, claimed, and it may be said tacitly recognized, as exercisable by virtue of the See also:

• PREROGATIVE

prerogative, and continued in use down to 1640 20 The infliction of torture gradually became more common under the Tudor monarchs . Under Henry VIII. it appears to have been in frequent use . Only two cases are recorded under See also:

• EDWARD

Edward VI., and eight under See also:

• MARY
• MARY (1457-1482)
• MARY (1496-1533)
• MARY, QUEEN OF SCOTS

Mary.21 The reign of See also:

• ELIZABETH
• ELIZABETH (1533-1603)
• ELIZABETH (1596-1662)
• ELIZABETH (1635–1650)
• ELIZABETH [ AMELIE EUGENIE ] (1837—1898)
• ELIZABETH [1lisabeth Philippine Marie Helene of France] (1764—1794)
• ELIZABETH [PAULINE ELIZABETH OTTILIE LOUISE] (1843– )
• ELIZABETH [PETROVNA] (1709-1762), EMPRESS
• ELIZABETH, SAINT (1207-1231)

Elizabeth was its culminating point .

In the words of See also:

• HALLAM
• HALLAM, ROBERT (d. 1417)

Hallam, " the rack seldom stood idle in the Tower for all the latter part of Elizabeth's reign."'" The varieties of torture used at this See also:

• PERIOD
• PERIOD (Gr. irepioSos, a going or way round, circuit, aepi, round, and &Sis, way, road)

period are fully described by Dr See also:

• LINGARD, JOHN (1771-1851)

Lingard,23 and consisted of the rack, the See also:

• SCAVENGER

scavenger's daughter,24 the See also:

• IRON [symbol Fe, atomic weight 55.85 (0=16)]

iron gauntlets or bilboes, and the See also:

• CELL (from Lat. cella, probably from an Indo-European kal —seen in Lat. celare, to hide; another suggestion connects the word with Lat. cera, wax, taking the original meaning to refer to the honeycomb)

cell called " Little Ease." The registers of the council during the Tudor and early See also:

• STUART, ARABELLA (1575-1615)
• STUART, GILBERT (1755-x828)
• STUART, JAMES EWELL BROWN (1833-1864)
• STUART, JOHN
• STUART, MOSES (1780-1852)
• STUART, SIR JOHN, COUNT

Stuart reigns are full of entries as to the use of torture, both for See also:

• STATE
• STATE, GREAT OFFICERS OF

state and for ordinary offences.26 Among notable prisoners put to the torture were See also:

• ANNE (1665-1714)
• ANNE (1693-1740)

Anne See also:

• ASKEW

Askew, the Jesuit See also:

• CAMPION, EDMUND (154o-I581)
• CAMPION, THOMAS (1567-1620)

Campion, See also:

• GUY, THOMAS (1644–1724)

Guy Fawkes26 and See also:

• PEACHAM, HENRY (c. 1576-c. 1643)

Peacham (who was examined by Bacon " before torture, in torture and after torture ").27 The prevalence of torture in Elizabeth's reign led to the well-known defence attributed to See also:

• LORD
• LORD (O. Eng. hldford, i.e. hldfweard, the warder or keeper of bread, hlIf, loaf; the word is not represented in any other Teutonic language)
• LORD, JOHN (1810-1894)

Lord See also:

• BURGHLEY, WILLIAM CECIL, BARON (1521-1598)

Burghley, " A See also:

• DECLARATION (from Lat. declarare, to make fully clear, clams)

declaration of the favourable dealing of Her See also:

• MAJESTY (Fr. majeste; Lat. majestas, grandeur, greatness, from the base mag-, as in magnus, great, major, greater, &c.)

Majesty's commissioners appointed for the examination of certain traitors, and of tortures unjustly reported to be done upon them for matter of See also:

• RELIGION
• RELIGION, FOLKLORE, CUSTOM

religion," 1583.28 The use of torture in England being always of an extraordinary and extra-judicial nature, it is '° 3 State Trials, 371 . 11 De laudibus legum Angliae, c . 22 . 12 See also:

• COMMONWEALTH

Commonwealth of England, bk. ii . C . 27 (1583; ed. by L . See also:

• ALSTON
• ALSTON, CHARLES (1683-176o)

Alston, 1906) . It is curious that Sir T . Smith, with all his hatred of torture, was directed by a warrant under the See also:

• QUEEN
• QUEEN (O.E. cwen, wife, related to "quean," O.E. cwene, a hussy; cf. Gr. yvvi7: from root gan-, to produce; cf. genus, " kin," &c.)

queen's seal alone (not through the council) to torture the duke of See also:

• NORFOLK
• NORFOLK, EARLS AND DUKES OF

Norfolk's servants in 1571 . In a letter to Lord Burghley he pleaded for exemption from so hateful a task . 13 3 Inst . 35 .

Nevertheless, in the trials of Lord See also:

• ESSEX
• ESSEX, ARTHUR CAPEL
• ESSEX, EARLS OF
• ESSEX, KINGDOM OF
• ESSEX, ROBERT DEVEREUX
• ESSEX, ROBERT DEVEREUX, 2ND2 EARL OF (1566-1601)
• ESSEX, WALTER DEVEREUX, IST2 EARL OF (1541–1576)

Essex and See also:

• SOUTHAMPTON
• SOUTHAMPTON, EARL OF
• SOUTHAMPTON, HENRY WRIOTHESLEY, 3RD EARL OF (1J73—1624)

Southampton, Coke is found extolling the queen's See also:

• MERCY (adapted from Fr. merci, Lat. merces, reward)
• MERCY (or MERCI), FRANZ, FREIHERR VON

mercy for not racking or torturing the accused (1 State Trials, 1338) . (See further authorities in See also:

• POLLOCK

Pollock and See also:

• MAITLAND (MAITLAND OF LETHINGTON), WILLIAM
• MAITLAND, EAST
• MAITLAND, EDWARD (1824-1897)
• MAITLAND, FREDERIC WILLIAM (1850-1906)
• MAITLAND, SIR RICHARD (LORD LETHINGTON) (1496-r586)

Maitland, Hist. of English Law, ii . 656.) 14 Jardine, See also:

• READING

Reading on the Use of Torture in the Criminal Law of England (1837), p . 52 . 16 L . O . See also:

• PIKE
• PIKE, ZEBULON MONTGOMERY (1779-1813)

Pike, Hist. of Crime in England, i . 427 . 16 See also:

• RYMER, THOMAS (1641—1713)

Rymer, Foedera, iii . 228, 232 . 77 See also:

• WALTER, HUBERT (d. 1205)
• WALTER, JOHN (1738/9-1812)

Walter of Hemingford, p . 256 .

1s Pike i . 481 . 19 3 Inst . 34 . 20 This is the date of the latest warrant in Jardine's work, but it was used on three Portuguese at See also:

• PLYMOUTH
• PLYMOUTH, EARLS OF

Plymouth during the Common-See also:

• WEALTH

wealth (See also:

• THURLOE, JOHN (1616—1668)

Thurloe iii . 298) . 21 It is to be noticed, as Jardine observes, that all these are cases of an ordinary nature, and afford no.ground for the assertions made by See also:

• STRUTT, JEDEDIAH (1726-1797)

Strutt and Bishop See also:

• BURNET
• BURNET, GILBERT (1643-1715)
• BURNET, THOMAS (1635-1715)

Burnet that torture was used to heretics as heretics . 22 Cons' . Hist. i . 201 . 23 Hist. of England, vol. viii. app. note v . 24 These two were exactly opposite in principle .

The rack stretched the limbs of the sufferer; the scavenger's daughter compressed him into a See also:

• BALL (in Mid. Eng. bal; the word is probably cognate with " bale," Teutonic in origin, cf. also Lat. falls, and Gr. 7raXXa)
• BALL, JOHN (1585-1640)
• BALL, JOHN (1818-1889)
• BALL, JOHN (d. 1381)
• BALL, SIR ALEXANDER JOHN, BART
• BALL, THOMAS (1819- )

ball . 26 Fifty-five of these will be found in the appendix to Mr Jardine's work . An ordinary robber of plate was threatened with torture in 1567.—See also:

• FROUDE, JAMES ANTHONY (1818-1894)

Froude, Hist. of England, viii . 386 . 28 It is not certain whether he was racked, but probably he was, in accordance with the See also:

• KING
• KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
• KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
• KING, CHARLES WILLIAM (1818-1888)
• KING, CLARENCE (1842–1901)
• KING, EDWARD (1612–1637)
• KING, EDWARD (1829–1910)
• KING, HENRY (1591-1669)
• KING, RUFUS (1755–1827)
• KING, THOMAS (1730–1805)
• KING, WILLIAM (1650-1729)
• KING, WILLIAM (1663–1712)

king's letter: " If he will not otherwise confess the gentlest tortures are to be first used to him, and so on, step by step, to the most severe, and so God See also:

• SPEED, JOHN (1552–1629)

speed the See also:

• GOOD, JOHN MASON (1764-1827)

good work." 27 Dalrymple, See also:

• MEMOIRS

Memoirs and Letters of See also:

• JAMES
• JAMES (Gr. 'IlrKw,l3or, the Heb. Ya`akob or Jacob)
• JAMES (JAMES FRANCIS EDWARD STUART) (1688-1766)
• JAMES, 2ND EARL OF DOUGLAS AND MAR(c. 1358–1388)
• JAMES, DAVID (1839-1893)
• JAMES, EPISTLE OF
• JAMES, GEORGE PAYNE RAINSFOP
• JAMES, HENRY (1843— )
• JAMES, JOHN ANGELL (1785-1859)
• JAMES, THOMAS (c. 1573–1629)
• JAMES, WILLIAM (1842–1910)
• JAMES, WILLIAM (d. 1827)

James I. p . 85; See also:

• MACAULAY, THOMAS BABINGTON MACAULAY, BARON (1800-1859)

Macaulay's essay on the works of Bacon . 28 Lord See also:

• SOMERS, JOHN SOMERS (or SOMMERS), BARON (1651–1716)

Somers's Tracts, i . 189 . comparatively certain that it could hardly have been applied with that observation of forms which existed in countries where it was regulated by law . There were no rules and no responsibility beyond the will of the Crown or council . This irresponsibility is urged by See also:

• SELDEN, JOHN (1584–1654)

Selden as a strong objection to the use of torture . The main See also:

• DIFFERENCES, CALCULUS OF (Theory of Finite Differences)

differences between the infliction of torture in England and on the See also:

• CONTINENT (from Lat. continere, "to hold together "; hence " connected," " continuous ")

continent of Europe seem to be that English lawyers made no distinction of those liable to it, never allowed torture of witnesses, and elaborated no subtle rules as to plena and semiplena probatio .

So far of what may be called torture proper, to which the common law professed itself a stranger . There were, however, cases fully recognized by the common law which differed from torture only in name . The peine forte et dure was a notable example of this . If a prisoner stood See also:

• MUTE (Lat. tnutus, dumb)

mute of malice instead of See also:

• PLEADING (Fr. plaider, plaidoyer)

pleading, he was condemned to the peine, that is, to be stretched upon his back and to have iron laid upon him as much as he could See also:

• BEAR
• BEAR, BLACK
• BEAR, BROWN
• BEAR, GRIZZLY
• BEAR, ISABELLINE
• BEAR, WHITE

bear, and more, and so to continue, fed upon bad See also:

• BREAD

bread and stagnant water through alternate days until he pleaded or died.2 It was abolished by 12 Geo . III. c . 20 . 7 and 8 Geo . IV. c . 28 enacted that a plea of " not guilty " should be entered for a prisoner so See also:

• STANDING

standing mute . A case of peine occurred as lately as 1726 . At times tying the thumbs with See also:

• WHIP

whip-cord was used instead of the peine . This was said to be a common practice at the Old See also:

• BAILEY (said to be a corruption of Ballium by some, and derived by others from the Fr. baille, a corruption of bataille, because there the soldiers were drilled in battle array)
• BAILEY, NATHAN
• BAILEY, PHILIP JAMES (1816-1902)
• BAILEY, SAMUEL (1791-1870)

Bailey up to the 18th century.' In trials for witchcraft the legal proceedings often partook of the nature of torture, as in the throwing of the reputed See also:

• WITCH

witch into a See also:

• POND
• POND, JOHN (c. 1767-1836)

pond to see whether she would sink or swim, in drawing her See also:

• BLOOD

blood,' and in thrusting pins into the body to try to find the insensible spot .

Confessions, too, appear to have been often extorted by actual torture, and torture of an unusual nature, as the See also:

• DEVIL (Gr. &a,3oXos, " slanderer," from &ctflisXX sty, to slander)

devil was supposed to protect his votaries from the effects of ordinary torture . Torture as a part of the punishment existed in fact, if not in name, down to a very recent period . Mutilation as a punishment appears in some of the pre-See also:

• CONQUEST

Conquest codes, such as those of See also:

• ALFRED

Alfred, fEthelstan and Canute, in the laws attributed to See also:

• WILLIAM
• WILLIAM (1143-1214)
• WILLIAM (1227-1256)
• WILLIAM (1J33-1584)
• WILLIAM (A.S. Wilhelm, O. Norse Vilhidlmr; O. H. Ger. Willahelm, Willahalm, M. H. Ger. Willehelm, Willehalm, Mod.Ger. Wilhelm; Du. Willem; O. Fr. Villalme, Mod. Fr. Guillaume; from " will," Goth. vilja, and " helm," Goth. hilms, Old Norse hidlmr, meaning
• WILLIAM (c. 1130-C. 1190)
• WILLIAM, 13TH

William the Conqueror and in the See also:

• ASSIZE

assize of See also:

• NORTHAMPTON
• NORTHAMPTON, ASSIZE OF
• NORTHAMPTON, EARLS AND MARQUESSES OF

Northampton (1176) . See also:

• BRACTON, HENRY DE (d. 1268)

Bracton, who does not See also:

• NOTICE

notice torture as a means of obtaining evidence, divides corporal punishment into that inflicted with and without torture.' Later instances are the punishment of burning to death inflicted on heretics under the Six Articles (31 Hen . VIII. c . 14) and' other acts, and on women for See also:

• PETIT, SIR DINSHAW MANECKJI, BART

petit treason (abolished by 30 Geo . III. c . 48), the mutilation inflicted for violence in a royal See also:

• PALACE (Lat. Palatium, the name given by Augustus to his residence on the Palatine Hill)

palace by J3 Hen . VIII . C . 12, the punishment for high treason, which existed nominally until 1870, the See also:

• PILLORY (0. Fr. pilori, Prov. espitlori, from Lat. speculatorium, a place of observation or " peep-hole ")

pillory (abolished by 7 Will . IV. and 1 Viet. c .

23), the See also:

• STOCKS

stocks, See also:

• BRANKS (probably akin to Irish brancas, a halter; Ger. Pranger, fetter, pillory)

branks and tucking-See also:

• STOOL

stool, and the burning in the hand for See also:

• FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic languages, cf. Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel, gall, or fallere, to deceive. The English " fel

felony (abolished by 19 Geo . III. c . 7 ) . Corporal punishment now exists only in the case of juvenile offenders and of See also:

• ROBBERY (from O. Fr. rober, to steal)

robbery with violence . It was abolished in the See also:

• ARMY
• ARMY (from Fr. armee, Lat. armata)

army by the Army Act 1881.6 Cruelty in punishment did not entirely cease in prisons even after the Bill of Rights . See such cases as R. v . See also:

• HUGGINS, SIR WILLIAM (1824-1910)

Huggins, 17 State Trials, 298; See also:

• CASTELL, EDMUND (16o6-1685)

Castell v . Bambridge, 2 See also:

• STRANGE, SIR ROBERT (1721-1792)

Strange's See also:

• REP, REPP, or REPS

Rep . 856 . See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland.—Torture was See also:

• LONG, GEORGE (1800-1879)
• LONG, JOHN DAVIS (1838– )

long a recognized part of Scottish criminal procedure, and was acknowledged as such by many acts and warrants of the Scottish See also:

• PARLIAMENT (Anglo-Lat. parliamentum, Fr. parlement, from parler, to speak)

parliament and warrants of the Crown and the privy council . Numerous instances occur in the See also:

• REGISTER

Register of the Privy Council ? Two acts in 1649 dealt with torture; one took the form of a warrant to examine witnesses against William See also:

• BARTON, BENJAMIN SMITH (1766-1815)
• BARTON, BERNARD (1784–1849)
• BARTON, CLARA (1821– )
• BARTON, ELIZABETH (c. 1506–1534)

Barton by any form of See also:

• PROBATION

probation,' the other of a warrant to a See also:

• COMMITTEE (from commute, an Anglo-Fr. past participle of commettre, Lat. committere, to entrust; the modern Fr. equivalent comite is derived from the Eng.)

committee to inquire as to the use of torture against persons suspected of witchcraft.' The judges in 1689 were empowered by the estates to torture Chiesly of Dalrye, charged with the See also:

• MURDER

murder of the lord See also:

• PRESIDENT (Fr. president, from Lat. praesidens, post-Augustan Lat. for praeses, director, ruler, from praesidere, to sit in front of, preside)

president See also:

• LOCKHART, JOHN GIBSON (1794–1854)
• LOCKHART, QEORGE (1673-1731)
• LOCKHART, SIR WILLIAM STEPHEN ALEXANDER (1841–1900)

Lockhart, in order to discover accomplices .

In the same See also:

• YEAR

year the use of torture without evidence or in ordinary cases was declared illegal in the Claim of Right . The careful wording of this will be noticed: it does not object to torture altogether, but reserves it for cases where a basis of evidence had already been laid, and for crimes of great gravity, thus admitting the dangerous principle, founded on Roman law, that the importance of the crime is a reason for departing from the ordinary rules of justice . However great the crime, it is no more certain than in the case of a crime of less gravity that the person accused was the person who committed it . A warrant issued in the same yea: to put to the torture certain persons accused of conspiring against the See also:

• GOVERNMENT
• GOVERNMENT (0. Fr. governement, mod. gouvernement, O. Fr. governer, mod. gouverner, from Lat. gubernare, to steer a ship, guide, rule; cf. Gr. xv(3epvav)

government, and also certain dragoons suspected of corresponding with Lord See also:

• DUNDEE
• DUNDEE, JOHN GRAHAM OF CLAVERHOUSE, VISCOUNT (c. 1649-1689)

Dundee . In 1690 an act passed reciting the torture of William See also:

• CARSTARES (or CARSTAIRS), WILLIAM (1649-1715)

Carstares, a See also:

• MINISTER (Lat. minister, servant)

minister, in 1683, and re-establishing his competency as a witness.10 The last warrant appears to be one in 1690 for torturing a man accused of See also:

• RAPE
• RAPE (from Lat. rapere, to seize)
• RAPE (Lat. rapum or rapa, turnip)

rape and murder . In 1708 torture in Scotland was finally abolished by 7 1 Table Talk, " Trial." 2 See also:

• STEPHEN
• STEPHEN (1097?-1154)
• STEPHEN (ISTVAN) BATHORY (1533-1586)
• STEPHEN, SIR JAMES (1789-1859)
• STEPHEN, SIR JAMES FITZJAMES, BART
• STEPHEN, SIR LESLIE (1832-1904)

Stephen, Hist. of the Criminal Law, i . 297 . 3 Stephen i . 300; Kelyng, Reports, p . 27 . The superstition was that any one drawing a witch's blood was free from her power . This is alluded to in Henry VI. pt. i. act i. sc .

5; " Blood will I draw on thee; See also:

• THOU, JACQUES AUGUSTE DE [THUANUS] (1553-1617)
• THOU, NOM

thou See also:

• ART

art a witch." 5 104b . 6 44 Vict . C . 9, s 7 . E.g. i . 525, iv . 68o, vi . 156 . 8 c . 333• ' 370 . " The thumbscrew with which Carstares had been tortured was afterwards presented to him as a remembrance by the privy council . Anne c .

21, s 5 . Many details of the tortures inflicted will be found in See also:

• PITCAIRN

Pitcairn's Criminal Trials, the introduction to J . Maclaurins' R . Criminal Cases and J . H . See also:

• BURTON, JOHN HILL (1809–1881)
• BURTON, ROBERT (1577-1640)
• BURTON, SIR FREDERICK WILLIAM (1816–f goo)
• BURTON, SIR RICHARD FRANCIS (1821-1890)
• BURTON, WILLIAM EVANS (1804-1860)

Burton's Narratives from Criminal Trials . Among other varieties—the nature of some of them can only be guessed—were the rack, the pilniewinkis, the See also:

• BOOT

boot,11 the caschie-laws, the See also:

• LANG, ANDREW (1844— )
• LANG, KARL HEINRICH, RITTER VON (1764-1835)

lang irnis, the narrow-See also:

• BORE

bore, the pynebankis, and worst of all, the waking, or artificial prevention of See also:

• SLEEP (0. Eng. slcepan; Ger. schlafen; cf. Lat. labi, to glide, and " slip ")

sleep.12 The ingenuity of torture was exercised in a special degree on charges of witchcraft, notably in the reign of James VI., an See also:

• EXPERT (Lat. expertus, from experiri, to try)

expert both in witchcraft and in torture . The act of 1649 already cited shows that the principle survived him . Under the government of the See also:

• DUKES
• DUKES, LEOPOLD (1810-1891)

dukes of See also:

• LAUDERDALE, JOHN MAITLAND, DUKE OF (1616–1682)

Lauderdale and York torture as a practice in charges of religious and See also:

• POLITICAL

political offences reached its height . " The privy council was accustomed to extort confessions by torture; that grim See also:

• DIVAN (Arabic divan)

divan of bishops, lawyers and peers sucking in the groans of each undaunted enthusiast, in See also:

• HOPE, ANTHONY
• HOPE, THOMAS (c. 1770-1831)

hope that some imperfect avowal might lead to the See also:

• SACRIFICE (from Lat. sacrificium; sacer, holy, and facere, to make)

sacrifice of other victims, or at least warrant the See also:

• EXECUTION (from Lat. ex-sequor, exsecutus, follow or carry out)

execution of the present." 13 With such examples before them in the law, it is scarcely to be wondered at that persons in positions of authority, especially the See also:

• NOBILITY

nobility, sometimes exceeded the law and inflicted torture at their own will and for their own purposes . There are several instances in the Register of the Privy Council of suits against such persons, e.g. against the See also:

• EARL

earl of See also:

• ORKNEY, EARL OF
• ORKNEY, ELIZABETH HAMILTON, COUNTESS OF
• ORKNEY, GEORGE HAMILTON, EARL OF (1666–1737)

Orkney, in 1605, for putting a son of Sir See also:

• PATRICK, SIMON (1626–1707)
• PATRICK, ST

Patrick See also:

• BELLENDEN (BALLANTYNE Or BANNATYNE), JOHN (fl. 1533-1587)
• BELLENDEN, WILLIAM

Bellenden in the boots . See also:

• IRELAND
• IRELAND, CHURCH
• IRELAND, CHURCH OF
• IRELAND, JOHN (1761-1842)
• IRELAND, JOHN (1838- )
• IRELAND, WILLIAM HENRY (1777-1835)

Ireland seems to have enjoyed See also:

• COMPARATIVE

comparative immunity from torture .

It was not recognized by the common or statute law, and the cases of its infliction do not appear to be numerous . In 1566 the president and council of See also:

• MUNSTER
• MUNSTER, SEBASTIAN (1489-1552)

Munster, or any three of them, were empowered to inflict torture, " in cases necessary, upon vehement presumption of any great offence in any party committed against the Queen's Majesty." 14 In 1583 Hurley, an Irish priest, was tortured in See also:

• DUBLIN

Dublin by " toasting his feet against the fire with hot boots." 15 In 1627 the lord See also:

• DEPUTY (through the Fr. from a Late Lat. use of deputare, to cut off, allot; putare having the original sense of to trim, prune)

deputy doubted whether he had authority to put a priest named O'Cullenan to the rack . An See also:

• ANSWER (derived from and, against, and the same root as swear)

answer was returned by Lord Killultagh to the effect that " you ought to rack him if you saw cause and hang him if you found reason." 16 The latest case of peine forte et dure seems to have been in 1740 . See also:

• BRITISH

British Colonies and Dependencies.—The infliction of torture in any British See also:

• COLONY (Lat. colonia, from colonus, a cultivator)

colony or dependency has usually been regarded as contrary to law, and ordered only by arbitrary authority . It is true that in the trial of Sir Thomas See also:

• PICTON, SIR

Picton in 1806, for subjecting, while See also:

• GOVERNOR (from the Fr. gouverneur, from gouverner, O. Fr. governer, Lat. gubernare, to steer a ship, to direct, guide)

governor of See also:

• TRINIDAD

Trinidad, a woman named Luisa See also:

• CALDERON, RODRIGO (d. 1621), COUNT OF OLIVA AND MARQUES DE LAS SIETE IGLESIAS

Calderon to the torture of the picquet, 17 one of the grounds of defence was that such torture was authorized by the Spanish law of the See also:

• ISLAND (O.E. ieg =isle, +land')

island, but the accused was convicted in spite of this defence, and the final decision of the court of king's See also:

• BENCH (an O.E. and Eng. form of a word common to Teutonic languages, cf. Ger. Bank, Dan. baenk and the Eng. doublet " bank ")

bench, in 1812, decreeing a See also:

• RESPITE (O. Fr. respit, modern repit, Lat. respectus, regard, consideration, respicere, to look back at)

respite of the See also:

• DEFENDANT

defendant's recognizances till further order, was perhaps not so much an See also:

• AFFIRMATION (from Lat. affirmare, to assert)

affirmation of the legality in the particular instance as the See also:

• PRACTICAL

practical expression of a wish to spare an eminent public servant.1s As to See also:

• INDIA
• INDIA, FRENCH

India, the second charge against See also:

• WARREN
• WARREN, GOUVERNEUR KEMBLE (183o-1882)
• WARREN, JOSEPH (1741—1775)
• WARREN, MERCY (1728—1814)
• WARREN, MINTON (1850-1907)
• WARREN, SAMUEL (1807-1877)
• WARREN, SIR JOHN BORLASE, BART
• WARREN, WILLIAM (1812-1888)

Warren See also:

• HASTINGS
• HASTINGS, FRANCIS
• HASTINGS, FRANK ABNEY (1794-1828)
• HASTINGS, WARREN (1732-1818)

Hastings was extortion from the begums of 'Dude by means of the torture of their servants." In the present See also:

• INDIAN

Indian Penal Code and Evidence Acts there are provisions intended, as Sir James Stephen says 20 to prevent the practice of torture by the See also:

• POLICE (Fr. police, government, civil administration, a police force, Gr. sroXumeia, constitution, condition of a state, roars, city, state)

police for the purpose of extracting confessions from persons in their custody21 In See also:

• CEYLON

Ceylon torture, which had been allowed under the Dutch government, was expressly abolished by royal See also:

• PROCLAMATION (Lat. proclamare, to make public by announcement)

proclamation in 1799• In the Channel Islands confessions of persons accused of witch-See also:

• CRAFT (a word common to Teutonic languages for strength, or power; cf. Ger. Kraft)

craft in the 17th century were frequently obtained by torture22 See also:

• UNITED

United States.—One instance of the peine forte et dure is known . It was inflicted in 1692 on See also:

• GILES (GIL, GILLES), ST

Giles See also:

• CORY, WILLIAM JOHNSON (1823-1892)

Cory of See also:

• SALEM

Salem, who refused to plead when arraigned for witchcraft.23 The constitution of the United States provides, in the words of the Bill of Rights, that cruel and unusual punishments are not to be inflicted.24 This is repeated in the constitutions of most states . The infliction of cruel and unusual punishment by the master or officer of an See also:

• AMERICAN

American See also:

• VESSEL (O. Fr. vaissel, from a rare Lat. vascellum, dim. of vas, vase, urn)

vessel on the high seas, or within the maritime See also:

• JURISDICTION
• JURISDICTION, CRIMINAL LAW, DIVORCE

jurisdiction of the United States, is punishable with See also:

• FINE

fine or imprisonment, or both.Y6 There have been a good many decisions on the question of cruel and unusual punishments; e.g . Wilkerson v . See also:

• UTAH

Utah, 99 U.S . Rep . 130; u Persons subjected to more than usual torture from the boot were said to be " extremely booted." 12 This seems to have been used in one case in England . Lecky, Rationalism in Europe, i .

122 . 13 Hallam, Const . Hist. iii . 436 . See Burnet, Hist. of Own Time, i . 583; and SCOTLAND . 14 Froude, Hist. of England, viii . 386 . '5 Ibid xi . 263 . 16 Jardine, p . 54 .

17 In the picquet the sufferer was supported only on the great toe (which rested on a See also:

• SHARP, GRANVILLE (1735-1813)
• SHARP, JAMES (1618-1679)
• SHARP, JOHN (1645-1714)
• SHARP, RICHARD (1759-1835)
• SHARP, WILLIAM (1749-1824)
• SHARP, WILLIAM (1856-1905)

sharp stake), and by a rope attached to one arm . 18 3o State Trials, 449, besides many See also:

• PAMPHLETS

pamphlets of the period . 19 See the See also:

• REPORT (O.Fr. report or raport, modern rapport, from O.Fr. reporter, mod. rap porter, Lat. reportare, to bring back, in poetical use only, of bringing back an account, news, &c.)

Report of the Proceedings, vol. i . 20 Stephen, Indian Evidence Act, p . 126 . 21 Sections 327–331 of code; ss . 25–27 of act . 22 J . L . Pitts, Witchcraft in the Channel Islands, p . 9 (See also:

• GUERNSEY (Fr. Guernesey)

Guernsey, 1886) . 23 See also:

• BOUVIER, JOHN (1787—1851)

Bouvier, Law Dict., s.v .

" Peine forte et dure." 24 Amendments, art. viii . (1789) . 25 Revised Slat . 5347 . Territory of New See also:

• MEXICO
• MEXICO (Span. Mejico, or Mexico,)
• MEXICO, FEDERAL DISTRICT OF
• MEXICO, GULF OF

Mexico v . Ketchum, 65 Pacific Rep . 169 (death See also:

• PENALTY (Lat. poena, punishment)

penalty for See also:

• TRAIN (M. Eng. trayn or trayne, derived through Fr. from Late Lat. trahinare, to drag, draw, Lat. trahere, cf. trail, trace, ultimately from the same source)

train robbery held not unconstitutional) . See also:

• CONTINENTAL

Continental European States.—These fall into four main See also:

• GROUPS
• GROUPS, THEORY

groups, the Latin, See also:

• TEUTONIC
• TEUTONIC (GERMANIC) LANGUAGES

Teutonic, Scandinavian and Slav states respectively . The principles of Roman law were generally adopted in the first and second groups . Latin States.—In See also:

• FRANCE
• FRANCE, ANATOLE (1844– )

France torture does not seem to have existed as a recognized practice before the 13th century . From that period until the 17th century it was regulated by a See also:

• SERIES (a Latin word from serere, to join)

series of royal ordonnances at first of See also:

• LOCAL

local See also:

• OBLIGATION

obligation, afterwards applying to the whole See also:

• KINGDOM

kingdom . Torture was used only by the royal courts, its place in the seigneurial courts being supplied by the judicial combat .

The earliest ordonnance on the subject was that of See also:

• LOUIS
• LOUIS (804–876)
• LOUIS (893–911)
• LOUIS, JOSEPH DOMINIQUE, BARON (1755-1837)
• LOUIS, or LEWIS (from the Frankish Chlodowich, Chlodwig, Latinized as Chlodowius, Lodhuwicus, Lodhuvicus, whence-in the Strassburg oath of 842-0. Fr. Lodhuwigs, then Chlovis, Loys and later Louis, whence Span. Luiz and—through the Angevin kings—Hungarian

Louis IX. in 1254 for the See also:

• REFORMATION
• REFORMATION, THE

reformation of the law in See also:

• LANGUEDOC

Languedoc . It enacted that persons of good fame, though poor, were not to be put to the question on the evidence of one witness.' Numerous other provisions were made between 1254 and 1670, when an ordonnance was passed under Louis XIV., which regulated the infliction of torture for more than a century . Two kinds were recognized, the question preparatoire and the question prealable . The first was used where strong evidence of a capital crime—strong, but of itself insufficient for conviction—was produced against the accused . The second was used to obtain a confession of accomplices after conviction . There was also a mitigated form called the presentment, in which the accused was simply bound upon the rack in terrorem and there interrogated . No person was exempt on the ground of dignity, but exemption was allowed to youths, old men, sick persons and others . Counsel for the accused were usually not allowed . The question preparatoire was abolished by royal decree in 1780, but in 1788 the parliaments refused to register a decree abolishing the prealable . But torture of all kinds was abolished by an ordonnance in 1789 . The Declaration of Right in 1791 (art. viii.) affirmed that the law ought not to establish any punishments other than such as are strictly and evidently necessary . In modern law the code penal enacts that all criminals shall be punished as guilty of assassination who for the execution of their crimes employ torture.' The code also makes it punishable to subject a person under See also:

• ARREST (Fr. arrester, arreeter, to stop or stay)

arrest to torture.' The theory of semiplena 'robatio was worked out with more refinement than in other systems .

In some parts of France not only were See also:

• HALF

half-proofs admitted, but quarters and eighths of proofs.' Among the numerous cases of historical interest were those of the Templars in 1307, See also:

• VILLON, FRANCOIS (1431-c. 1463)

Villon about 1457, See also:

• DOLET, ETIENNE (1509-1546)

Dolet in 1546, the marquise de Brinvilliers in 1676 and See also:

• JEAN

Jean See also:

• CALAS, JEAN (1698-1762)

Calas in 1762.2 The law as it existed in See also:

• ITALY
• ITALY (Italia)

Italy is contained in a long See also:

• LINE

line of authorities chiefly supplied by the school of See also:

• BOLOGNA
• BOLOGNA, GIOVANNI DA (1524–1608)

Bologna, beginning with the glossatores and coming down through the See also:

• POST

post-glossatores, until the system attained its perfection in the vast work of Farinaccius, written early in the 17th century, where every possible question that could arise is treated with a revolting completeness . One of the earliest jurists to treat it was Cino da See also:

• PISTOIA
• PISTOIA, SYNOD OF

Pistoia, the friend of See also:

• DANTE

Dante .9 He treats it at no great length . With him the theory of indicia exists only in embryo, as they cannot be determined by law but must be at the discretion of the judge . Differing from See also:

• BARTOLUS (1314–1357)

Bartolus, he affirms that torture cannot be repeated without fresh indicia . The writings of jurists were supplemented by a large body of legislative enactments in most of the Italian states, extending from the constitutions of the See also:

• EMPEROR (Fr. empereur, from the Lat. imperator)

emperor See also:

• FREDERICK
• FREDERICK (Mod. Ger. Friedrich; Ital. Federigo; Fr. Frederic and Federic; M.H.G. Friderich; O.H.G. Fridurih, " king or lord of peace," from O.H.G. fridu, A.S. frith, " peace," and rfh " rich," " a ruler," for derivation of which see HENRY)

Frederick II. down to the 18th century . It is not until Bartolus (1314–1357) that the law begins to assume a definite and complete form . In his commentary on See also:

• BOOK

book xlviii. of the Digest he follows Roman law closely, but introduces some further refinements: e.g. though leading questions may not be asked in the main inquiry they are admissible as subsidiary . There is a beginning of See also:

• CLASSIFICATION (Lat. classis, a class, probably from the root cal-, cla-, as in Gr. icaMce, clamor)

classification of indicia . A very full discussion of the law is contained in the work on practice of See also:

• HIPPOLYTUS
• HIPPOLYTUS, THE CANONS OF

Hippolytus de Marsiliis,7 a jurist of Bologna, notorious, on his own See also:

• ADMISSION

admission, as the inventor of the torture of keeping without sleep . He defines the question as inquisitio veritatis per tormenta et cordis dolorem, thus recognizing the mental as well as the physical elements in torture . It was to be used only in capital cases and atrocious crimes . The works of Farinaccius and of See also:

• JULIUS

Julius Clarus nearly a century later were of great authority from the high See also:

• OFFICIAL (Late Lat. QJicialis, for class. Lat. apparitor, from officium, office, duty)

official positions filled by the writers .

Farinaccius was See also:

• PROCURATOR (Lat. procurare, to take care of)

procurator-general to See also:

• POPE (Gr. irarraas, post-classical Lat. papa, father)
• POPE, ALEXANDER (1688–1744)
• POPE, ALEXANDER (1763-1835)
• POPE, JANE (1742-1818)
• POPE, JOHN (1822-1892)
• POPE, SIR THOMAS (c. 1507-1559)

Pope See also:

• PAUL
• PAUL (PAULUS)

Paul V., and his discussion of torture is one of the most complete of any s It occupies 251 closely printed See also:

• FOLIO (properly the ablative case of the Lat. folium, leaf, but also frequently an adaptation of the Ital. foglio)

folio pages with double columns . The length at which the subject is treated is one of the best proofs Ordonnances des rois, i . 72 . 2 s . 303 . 3 s . 344 . ' See Pollock and Maitland, ii . 658, note . On the See also:

• FRENCH
• FRENCH, DANIEL CHESTER (1850– )
• FRENCH, NICHOLAS (1604-1678)

French system generally see Imbertus, Institutiones forenses gallicae (See also:

• UTRECHT
• UTRECHT, TREATY OF

Utrecht, 1649) ; N . See also:

• WEISS, BERNHARD (1827– . )

Weiss, La Chambre ardente, 1540–1550 (Paris, 1889) . A large number of authorities deal mainly with the ordonnance of 167o; Muyart de Vouglans, Inst. See also:

• TRIM

trim .

(Paris, 1767), and Jousse, Traite de la justice trim . (Paris, 1771), are examples . F . Siegneux de Correvon, Essai See also:

• SUS

sus l'usage, l'abus, et See also:

• LES

les inconveniens de la torture (See also:

• GENEVA
• GENEVA (Fr. Geneve, Ger. Genf, Ital. Ginevra, Late Lat. Gebenna, though Genava in good Latin)
• GENEVA, LAKE OF

Geneva, 1768), is one of the opponents of the system . 6 Cinus Pistorensis, Super codice, de tormentis (Venice, 1493) . 7 Practica criminalis quae Averolda nuncupatur (Venice, 1532) . 9 Praxis et theorica criminalis, bk. ii. tit. v. quaest . 36–51 (See also:

• FRANKFORT

Frankfort, 1622) . of the See also:

• SCIENCE (Lat. scientia, from scire; to learn, know)

science to which it had been reduced . The chief feature of the work is the See also:

• MINUTE
• MINUTE (Lat. minutes, small; minuere, to make less)

minute and skilful analysis of indicia, fame, praesumptio, and other technical terms . Many See also:

• DEFINITIONS

definitions of indicium are suggested, the best perhaps being conjectura ex probabilibus et non necessariis See also:

• ORTA, LAKE OF

orta, a quibus potest abesse veritas sed non verisimilitudo . For every infliction of torture a distinct indicium is required .

A single witness or an accomplice constitutes an indicium . But this rule does not apply where it is inflicted for discovering accomplices or for discovering a crime other than that for which it was originally inflicted . Torture may be ordered in all criminal cases, except small offences, and in certain civil cases, such as denial of a depositum, See also:

• BANKRUPTCY (from Lat. bancus or Fr. banquet table or counter, and Lat. ruptus, broken)

bankruptcy, usury, treasure trove, and fiscal cases . It may be inflicted on all persons; unless specially exempted (clergy, minors, &c.), and even those exempted may be tortured by command of the See also:

• SOVEREIGN

sovereign . There are three kinds of torture, See also:

• LEVIS (formerly Pointe Levi)

levis, gravis and gravissima, the first and second corresponding to the ordinary torture of French writers, the last to the extraordinary . The extraordinary or gravissima was as much as could possibly be See also:

• BORNE, KARL LUDWIG (1786–1837)

borne without destroying life . The judge could not begin with torture; it was only a subsidium . If inflicted without due course of law, it was void as a proof . The judge was liable to penalties if he tortured without proper indicia, if a privileged person, or if to the extent that death or permanent illness was the result . An immense variety of tortures is mentioned, and the list tended to grow, for, as Farinaccius says, judges continually invented new modes of torture to please themselves . Numerous casuistical questions are treated at length, such as, what kinds of reports or how much hearsay evidence constituted fame ? Were there three or five grades in torture ?

Julius Clarus of See also:

• ALESSANDRIA

Alessandria was a member of the council of Philip II . To a great extent he follows Farinaccius . He puts the questions for the See also:

• CONSIDERATION (from Lat. considerare, to look at closely, examine, generally taken to be from con-, and the base seen in sidus, sideris, a star, the word being supposed to be originally an astrological or astronomical term)

consideration of the judge with great clearness . They are—whether (1) a crime has been committed, (2) the charge is one in which torture is admissible, (3) the fact can be proved other-See also:

• WISE, HENRY ALEXANDER (1806-1876)
• WISE, ISAAC MAYER (1819-1900)

wise, (4) the crime was See also:

• SECRET (Lat. secretum, hidden, concealed)

secret or open, (5) the object of the torture is to elicit confession of crime or See also:

• DISCOVERY

discovery of accomplices . The clergy can be tortured only in charges of treason, poisoning and violation of tombs . On the great question whether there are three or five grades, he decides in favour of five, viz. threats, taking to the place of torment, stripping and binding, lifting on the rack, racking.9 Other Italian writers of less See also:

• EMINENCE (Lat. eminentia)

eminence have been referred to for the purposes of this See also:

• ARTICLE (from Lat. articulus, a joint)

article . The See also:

• BURDEN, or BURTHEN

burden of their writings is practically the same, but they have not attained the systematic perfection of Farinaccius . Citations from many of them are made by Manzoni (see below) . Among others are Guido de Suzara, Paris de Puteo, Aegidius Bossius of See also:

• MILAN
• MILAN (Ital. Milano, Ger. Mailand, anc. Mediolanum, q.v.)

Milan, Casonus of Venice, Decianus, Follerius and Tranquillus Ambrosianus, whose works See also:

• COVER (from the Fr. convert, from couvrir, to cover, Lat. cooperire)

cover the period from the 13th to the end of the 17th century . The law depended mainly on the writings of the jurists as interpreters of custom . At the same time in all or nearly all the Italian states and colonies10 the customary law was limited, supplemented, or amended by legislation . That a check by legislative authority was necessary appears from the glimpses afforded by the writings of the jurists that the letter of the law was by no means always followed .

The earliest legislation after the Roman law seems to be the constitutions of the emperor Frederick II. for See also:

• SICILY (Ital. Sicilia)

Sicily promulgated in 1231 . Torture was abolished in See also:

• TUSCANY
• TUSCANY (Toscana)

Tuscany in 1786, largely owing to the influence of Beccaria, whose work first appeared in 1764, and other states followed, but the puntale or See also:

• PIQUET

piquet seems to have existed in practice at See also:

• NAPLES
• NAPLES (Ital. Napoli, and Lat. Neapolis)
• NAPLES, KINGDOM OF

Naples up to 1859 . Several instances of the torture of eminent persons occur in Italian See also:

• HISTORY

history, such as See also:

• SAVONAROLA, GIROLAMO (1452-1498)

Savonarola, See also:

• MACHIAVELLI, NICCOLO (1469-1527)

Machiavelli, See also:

• GIORDANO, LUCA (1632–1705)

Giordano See also:

• BRUNO (BRUN, BRUNS) OF QUERFURT, SAINT (c. 975-1009)
• BRUNO, GIORDANO (c. 1548-1600)
• BRUNO, or BRUN (925–965)
• BRUNO, SAINT

Bruno, See also:

• CAMPANELLA, TOMMASO (1568-1639)

Campanella . Galileo appears to have only been threatened with the esame rigoroso . The historical case of the greatest See also:

• LITERARY

literary interest is that of the persons accused of bringing the See also:

• PLAGUE (in Gr. Xotµos; in Lat. pestis, pestilentia)

plague into Milan in 163o by smearing the walls of houses with See also:

• POISON

poison . An analysis of the case was undertaken by Verri 11 and Manzoni,i2 and puts in a clear light some of the abuses to which the system led in times of popular panic . Convincing arguments are urged by Manzoni, after an exhaustive See also:

• REVIEW (Fr. revue, from revoir, to see again, Lat. re and videre)

review of the authorities, to prove the groundlessness of the charge on which two innocent persons underwent the torture of the canape, or hempen cord (the effect of which was partial or complete dislocation of the See also:

• WRIST

wrist), and afterwards suffered death by breaking on the wheel . The main arguments, shortly stated, are these, all based upon the evidence as recorded, and the law as laid down by jurists . (I) The unsupported evidence of an accomplice was treated as an indicium in a case not one of those exceptional ones in which such an indicium was sufficient . The evidence of two witnesses or a confession by the accused was necessary to establish a remote indicium, such as lying . (2) Hearsay evidence was received when See also:

• PRIMARY

primary evidence was obtainable . (3) The confession made under torture was not ratified afterwards .

(4) It was made in consequence of a promise of impunity . (5) It was of an impossible crime . 9 Practica criminalis,finalis (See also:

• LYONS
• LYONS (Fr. Lyon)
• LYONS, COUNCILS OF
• LYONS, EDMUND LYONS, BARON (1790-1858)
• LYONS, RICHARD BICKERTON PEMELL LYONS, 1ST EARL (1817–1887)

Lyons, 1637) . io It is obvious from the allusion at the end of Othello that See also:

• SHAKESPEARE, WILLIAM (1564-1616)

Shakespeare regarded torture as possible in See also:

• CYPRUS
• CYPRUS, CHURCH OF

Cyprus when it was a Venetian colony . 11 Osservazioni See also:

• SULLY, JAMES (1842– )
• SULLY, MAXIMILIEN DE BETHUNE
• SULLY, THOMAS (1783—1872)

sully torture . 12 See also:

• SCORIA (Lat. scoria, slag)

Scoria della Colonna infame . Neither writer alludes to Beccaria . In Spain, as in Italy, the law depended partly on the writings of Jrists, partly on legislation . Roman law was carried through the Visigothic Code and the See also:

• FUERO

Fuero juzgo' (which repeats it almost word for word) down to the Siete partidas.2 This See also:

• TREATISE

treatise, compiled by See also:

• ALPHONSO

Alphonso the Wise about 1243, but not promulgated till 1256, amended the previously existing law in the direction of greater precision . Torment is defined as a manner of punishment which lovers of justice use, to scrutinize by it the truth of crimes committed secretly and not provable in any other manner . Repetition was allowed in case of grave crimes . There were the usual provisions for the infliction of torture only by a judge having jurisdiction, and for the liability of the judge for exceeding legal limits .

Subsequent codes did little more than amend the Partidas in matters of procedure . Torture is not named in the Ordenanzas reales of See also:

• FERDINAND
• FERDINAND (1577-1650)
• FERDINAND (COLOGNE)
• FERDINAND (Span. Fernando or Hernando; Ital. Ferdinando or Ferrante; in O. H. Ger. Herinand, i.e. " brave in the host," from O. H. G. Heri, "army," A. S. here, Mod. Ger. Heer, and the Goth. nan]jan, " to dare ")
• FERDINAND, MAXIMILIAN KARL LEOPOLD MARIA

Ferdinand and See also:

• ISABELLA (1451-15o4)
• ISABELLA, ISABEAU

Isabella (1485) . The Nueva recopilacion of Philip II. enacted that torture was to be applied by the alcaldes on due See also:

• SENTENCE (Lat. sententia, a way of thinking, opinion, judgment; vote, sentire, to feel, think)

sentence of the court—even on hidalgos in grave crimes—without regard to alleged privilege or custom . In the Novisima recopilacion of 1775 the only provisions on the subject are that the alcaldes are not to condemn to torment without preceding sentence according to law, and that hidalgos are not to be tormented or suffer infamous punishment . In Aragon, while it was an See also:

• INDEPENDENT

independent state, torture was not in use to the same extent as in other parts of Spain . It was abolished in the 13th century by the General Privilege of 1283 except in the case of vagabonds charged with coining . A statute of 1335 made it unlawful to put any See also:

• FREEMAN
• FREEMAN, EDWARD AUGUSTUS (1823-1892)

freeman to the torture.' On the other hand, the Aragonese nobility had a power, similar to the peine forte et dure, of putting a criminal to death by See also:

• COLD (in O. Eng. cald and ceald, a word coming ultimately from a root cognate with the Lat. gelu, gelidus, and common in the Teutonic languages, which usually have two distinct forms for the substantive and the adjective, cf. Ger. Kolte, kalt, Dutch koude

cold, See also:

• HUNGER

hunger and thirst.4 The jurists dealing with the subject are not as numerous as in Italy, no doubt because Italian opinions were received as law in all countries whose systems were based on Roman law.' Some of the Italian jurists too, like Clarus, were at that same time Spanish officials . The earliest Spanish secular jurist appears to be See also:

• SUAREZ, FRANCISCO (1548-1617)

Suarez de Paz.' According to him the most usual tortures in Spain were the water and cord, the See also:

• PULLEY

pulley or strappado, the hot See also:

• BRICK (derived according to some etymologists from the Teutonic bricke, a disk or plate; but more authoritatively, through the French brique, originally a " broken piece," applied especially to bread, and so to clay, from the Teutonic brikan, to break)

brick, and the tablillas, or thumbscrew and boot combined . Three was the greatest number of times that any torture could be applied . It might be decreed either on demand of the accuser or at will of the judge . The Roman rule of beginning with the weakest was amplified into a series of regulations that a son was to be put to the question before a father, a woman before a man, &c . The fullest statement of Spanish law is to be found in the work of See also:

• ANTONIO
• ANTONIO (1429—1498)
• ANTONIO, NICOLAS (1617-1684)

Antonio See also:

• GOMEZ, DIOGO (DIEGO) (ff. 1440-1482)

Gomez, a See also:

• PROFESSOR (the Latin noun formed from the verb profiteri, to declare publicly, to acknowledge, profess)

professor at See also:

• SALAMANCA
• SALAMANCA (anc. Salmantica or Elmantica)

Salamanca.' With him no exceptions apply in charges of laesa majestas divina or humana .

A judge is liable to different punishment according as he orders torture dolose or culpabiliter . Differing from Hippolytus de Marsiliis, Gomez holds that the dying accusation of a murdered man is not an indicium . A confession on insufficient indicia is void . His division of torture into tortura actualis and terror propinquus is the same as that of the French jurists into torture and presentment . The conclusions of the ecclesiastical writers of Spain, such as Eymerico and Simancas, were accepted wholly or partially by the secular writers, such as See also:

• ALVAREZ, DON JOSE (1768-1827)
• ALVAREZ, DON MANUEL (1727-1797)
• ALVAREZ, FRANCISCO (c. 1465-1541?)

Alvarez de Velasco,8 and the Peruvian, Juan de Hevia Bolai os,9 who points out differences in the ecclesiastical and secular systems, e.g. the former brought up the accused for ratification in three days, the latter in twenty-four hours . A good deal of the Spanish law will be found in the proceedings against Sir Thomas Picton (see above) . Torture in Spain seems to have been inflicted on See also:

• JEWS
• JEWS (Heb. Y8hudi, man of Judah; Gr. 'Iovbaiot; Lat. Judaei)

Jews to an extraordinary extent, as it was also in See also:

• PORTUGAL

Portugal, where the latest legislation as to torture seems to be of the year 1678 . In 1790 it had become obsolete,10 and in a work on criminal procedure four years later it is only referred to for the purpose of stating that when it did exist it was realis or verbalis." Teutonic States.—Germany (including See also:

• AUSTRIA
• AUSTRIA, LOWER (Ger. Niederosterreich or Osterreich unter der Enns, " Austria below the river Enns ")
• AUSTRIA, UPPER (Ger. Oberosterreich or Osterreich ob der Enns, " Austria above the river Enns ")

Austria) is distinguished by the See also:

• POSSESSION
• POSSESSION (Lat. possessio, possidere, to possess)

possession of the most extensive literature and legislation vi . 4, 5 . 2 Partida, vii . 30 . It was one of the earliest books printed in Spain, the earliest edition appearing in 1491 .

' Cited Hallam, Middle Ages, iii . 76 . 4 Du Cange, s.v . Fame necare . 6In all the Latin countries the See also:

• IDEA (Gr. Ibia, connected with i&eiv, to see; cf. Lat. species from specere, to look at)

idea of torture had become a commonplace . The dramatists contain frequent allusions to it . In Lope de See also:

• VEGA, GARCILASO DE LA
• VEGA, GARCILASO DE LA (1503-1536)

Vega's El Perro del hortelano (" The See also:

• DOG

Dog in the Manger "), one of the characters says, " Here's a See also:

• PRETTY

pretty inquisition!" to which the answer is, " The torture will be next applied." See also:

• MOLIERE (1622-1673)

Moliere and See also:

• RACINE
• RACINE, JEAN (1639-1699)
• RACINE, LOUIS (1692-1763)

Racine both make use of it . In L'Avare, act iv. sc . 7, Harpagon threatens to put his whole See also:

• HOUSEHOLD, ROYAL

household to the question . In Les Plaideurs Dandin invites Isabelle to see la question as a mode of passing an See also:

• HOUR

hour gr two . In England Bacon (Essay lvi.) says, There is no worse torture than the torture of laws." The same idea occurs again in the Advancement of Learning, viii . 3, 13, " It is a cruel thing to torture the laws that they may torture men." Praxis ecclesiastica et saecularis, vol. i. pt. v .

§ . 3 (Salamanca, 1583)- 7 Variae resolutiones, p . 412 (See also:

• ANTWERP
• ANTWERP (Fr. Anvers)

Antwerp, 1593) . e Judex perfectus (See also:

• LAUSANNE

Lausanne, 1740) . ° See also:

• CURIA

Curia filipica (Madrid, 1825) . 10 Repertorio geral das leis extravagantes, p . 381 (See also:

• COIMBRA

Coimbra, 1815). u See also:

• PASCHAL (Paschalis)

Paschal Freirus, Inst. See also:

• JUR (DIuR)

jur. trim. lusitani, p . 203 (Lisbon, 1794) . on the subject . The principal writers are Langer, von Rosbach and von Boden . In addition may be cited the curious Layenspiegel of See also:

• ULRICH

Ulrich Tengler (1544), and the works of Remus, Casonus and Carpzow.12 Legislation was partly for the empire, partly for its component states . Imperial legislation dealt with the matter in the See also:

• GOLDEN

Golden Bull (1356), the See also:

• ORDINANCE
• ORDINANCE, or ORDONNANCE

Ordinance of See also:

• BAMBERG

Bamberg (1507), the Carolina (1532)13 and the Constitutio criminalis theresiana (1768).14 The Carolina followed the usual lines, the main difference being that the infliction must be in the presence of two scabini and a See also:

• NOTARY, or NOTARY PUBLIC

notary, who was to make a detailed record of the proceedings .

The code of Maria 'See also:

• THERESA, ST (1515-1582)

Theresa defines torture as " a subsidiary means of eliciting truth." It could be applied only in cases where condemnation would have involved capital or severe corporal punishment . The illustrated edition was suppressed by See also:

• PRINCE
• PRINCE (Lat. princeps, from primus capio, " I am the first to take "; Ital. principe, Fr. prince)

Prince Kaunitz a few See also:

• CLAYS, PAUL JEAN (1819-1900)

clays after its See also:

• APPEARANCE (from Lat. apparere, to appear)

appearance . Torture was formally abolished in the empire in 1776 . In See also:

• PRUSSIA
• PRUSSIA (Ger. Preussen; Lat. Borussia)

Prussia it was practically abolished by Frederick the Great in 1740, formally in 1805 . Even before its abolition it was in use only to discover accomplices after conviction.15 In some other states it existed longer, in See also:

• BADEN
• BADEN, GRAND DUCHY OF

Baden as See also:

• LATE

late as 1831 . It was carried to excess in Germany, as In the Netherlands and Scotland in charges of witchcraft . The Netherlands.—The principal legislative enactment was the code of criminal procedure promulgated by Philip II. in 1570 and generally known as the Ordonnance sur le See also:

• STYLE
• STYLE (from Gr. a-6'1ms, a column; a different word from that used in literature, see below)

style." One of its main See also:

• OBJECTS

objects was to assimilate the varieties of local custom, as the Nueva recopilacion had done in Spain three years earlier . The French ordonnance of 167o is probably largely based on it . In spite of the attempt of the ordinance to introduce uniformity, certain cities of See also:

• BRABANT
• BRABANT, NORTH

Brabant, it is said, still claimed the privilege of torturing in certain cases not permitted by the ordinance, e.g. where there was only one witness." The law of 167o continued to be the basis of criminal procedure in the See also:

• AUSTRIAN

Austrian Netherlands until 1787 . In the United Provinces it was not repealed until 1798 . The principal text-writers are Damhouder,10 See also:

• VAN

van Leeuwen 19 and Voet . Van Leeuwen See also:

• LAYS

lays down as a fundamental principle that no one was to be condemned to death without confession, and such confession, if attainable in no other way, ought to be elicited by torture .

Witnesses could be tortured only if they varied on confrontation . One of the indicia not always recognized by jurists was previous conviction for a similar crime . Voet's commentary ad Pandectas20 is interesting for its taking the same view as St Augustine as to the uselessness of torture, and compares its effect with that of the trial by battle . At the same time he allows it to be of some value in the case of very grave crimes . The value of torture was doubted by others as well as Voet, e.g. by A . Nicholais 21 and by van See also:

• ESSEN

Essen." At the same time a writer was found to compose a work on the unpromising subject of the rack.23 Scandinavian Countries.—There is a notice of torture in the Icelandic Code known as the Gragas (about 1119) . Judicial torture is said to have been introduced into See also:

• DENMARK
• DENMARK (Danmark)

Denmark by Valdemar I. in 1157.24 In the code of Christian V . (1683) it was limited to cases of treason.25 It was abolished by the influence of See also:

• STRUENSEE, JOHAN FREDERICK (1731-1772)

Struensee in 1771, but notwithstanding this he was threatened with it, though it was not actually inflicted, before his execution in 1772 . In Sweden torture never existed as a system, and in the code of 1734 it was expressly forbidden.28 It was however occasionally inflicted, as in England, by extrajudicial authorities, called secret committees . "Extracts from these and other writers will be found in Lea, Superstition and Force, and in R . Quanter, Die Folter in der deutschen Rechtspflege sonst and jetzt (Berlin, 19o0) . 13 Chs .

33-44 . !4 Art . 38 (See also:

• VIENNA (Ger. Wien; Lat. Vindobona)
• VIENNA, CONGRESS OF (1814-1815)

Vienna, 1769) . 15 This statement is made on the authority of a work attributed to Frederick himself, Dissertation sur les raisons d'etablir ou d'abroger les Lois (1748) . 15 A list of the numerous commentaries on this code will be found in Nybels, Les Ordonnances criminelles de Philippe II. de 1570, p . 23 (See also:

• BRUSSELS (Fr. Bruxelles, Flem. Brussel)

Brussels, 1856) . Nybels, pp . 31, 33 . 1e Pratique judiciaire en causes criminelles (Antwerp, 1564) . 's Censura forensis, pt. ii. bk. ii. chs . 8, 9 (See also:

• LEIDEN

Leiden, 1677) . 20 On Dig. xlviii .

18 . There are numerous editions of Voet, the See also:

• SIXTH

sixth (generally found in See also:

• LIBRARIES

libraries) is the See also:

• HAGUE, THE (in Dutch, 's Gravenhage, or, abbreviated, den Haag; in Fr. La Haye; and in Late Lat. Haga Comitis)

Hague (1734) . 21 Si la torture est un moyen stir a verifier les crimes (See also:

• AMSTERDAM
• AMSTERDAM (NEw AMSTERDAM)

Amsterdam, 1681) . Also by an See also:

• ANONYMOUS

anonymous writer See also:

• THIRTY

thirty years earlier, De Pijnbank wedersproken en bematigt (See also:

• ROTTERDAM

Rotterdam, 1651) . 22 See also:

• JUS

Jus ecclesiasticum universum (See also:

• LOUVAIN (Flem. Leuven)

Louvain, 1720) . 23 Hieronymi Magii Anglarenis de equuleo See also:

• TIBER (anc. Tiberis; Ital. Tevere)

Tiber postumus (Amster-See also:

• DAM

dam, 1664) . There are several works dealing with torture in witchcraft proceedings . A large number of cases will be found in J . Scheltema, Geschiedenis der Hexen-processen (See also:

• HAARLEM

Haarlem, 1828) . For torture in the 18th century see E . See also:

• HUBERT (HUCBERTUS, HUGBERTUS), ST (d. 727)

Hubert, La Torture aux Pays Bas autrichiens See also:

• PENDANT (through Fr. from Lat. pendere, to hang)

pendant la xviiie siecle (Brussels, 1897) . 24 Baden, Dansk juridisk Ordbog, s.v .

" Tortur " (See also:

• COPENHAGEN (Danish Kjobenhavn)

Copenhagen, 1828) . 25 Kolderup-Rosenvinge, Udvalg of gamle Danske-Domme, bk. i . C . 20 (Copenhagen, 1848) . 20 Cod. See also:

• LEG
• LEG (a word of Scandinavian origin, from the Old Norwegian leggr, cf. Swed. lagg, Dan. laeg; the O. Eng. word was sceanca, shank)

leg. svecicarum, pp . 233, 370 (See also:

• STOCKHOLM

Stockholm, 1743) . The " See also:

• CAVE (Lat. cavea, from caves, hollow)
• CAVE, EDWARD (1691–1754)
• CAVE, WILLIAM (1637–1713)

cave of See also:

• ROSES, WARS OF THE

roses," where See also:

• REPTILES (Lat. Reptilia, creeping things, from reptilis; ref ere, to creep; Gr. Ep7rety, whence the term " herpetology," for the science dealing with them)

reptiles were kept for the purpose of torture, was closed by Gustavus III. in 1772 . Slav Countries.—The earliest mention of torture seems to be that of the mutilation provided for certain offences by the code of Stephen Dushan in 1349 . In See also:

• RUSSIA
• RUSSIA (Rossiya)

Russia torture does not occur in the recensions of the earlier law . It was possibly of Tatar origin, and the earliest mention of it in an official document is probably in the Sudebnik of See also:

• IVAN (JOHN)

Ivan the Terrible (1497) . In the ordinance of 1556 there are elaborate regulations, which one learns from history were not always observed in periods of political disturbance, and torture seems to have been used even as a means of enforcing payment of debts . The reaction begins with See also:

• PETER
• PETER (Lat. Petrus from Gr. irfpos, a rock, Ital. Pietro, Piero, Pier, Fr. Pierre, Span. Pedro, Ger. Peter, Russ. Petr)
• PETER (PEDRO)
• PETER, EPISTLES OF
• PETER, ST

Peter the Great and culminates with Catharine II., who was largely influenced by the opinions of Beccaria and Voltaire .

In the instructions to the commission for framing a criminal code (1766), it is declared that all punishments by which the body is maimed ought to be abolished,' and that the torture of the rack violates the rules of equity and does not produce the end proposed by the laws ? It was formally abolished by See also:

• ALEXANDER
• ALEXANDER (1461-1506)
• ALEXANDER (ALEXANDER OF BATTENBERG) (1857-1893)
• ALEXANDER (ALEXANDER OsxENOVici) (1876-1903)
• ALEXANDER, ARCHIBALD (1772—1851)
• ALEXANDER, FRANCIS (1800—1881)
• ALEXANDER, GEORGE (1858— )
• ALEXANDER, JOHN WHITE (1856- )
• ALEXANDER, JOSEPH ADDISON (18o9—186o)
• ALEXANDER, SIR JAMES EDWARD (1803—1885)
• ALEXANDER, WILLIAM (1824— )
• ALEXANDER, WILLIAM LINDSAY (1808—1884)

Alexander I. in 18or, and in 1832 the Svod Zakonov subjected to penalties any judge who presumed to order it .