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,