LVII. Besides, this being a matter which in its own nature is open to controversy, there are two notable circumstances in it, which encourage me to enter upon the discussion of the point. The first is, that very many people think as I do on the subject, and that among those very many, there are more than a few of the very judges, who practise ordering the torture, in cases where that practice has been long established. Their sentiments in theory do not correspond with their conduct, but notwithstanding this, they act as they should do, for they have no authority to dispense with the laws, but are only ministerial under them. The second is, that the most learned father Claudius Lacroix, has preceded me in publishing the same sentiments I entertain on this subject, in his first volume of Moral Theology, lib. iv. &c. LVIII. Countenanced and encouraged by so illustrious an author, whose opinion in questions of morality is so much respected, and so generally assented to by all Christendom, I shall enter upon the undertaking boldly, and shall argue with spirit in support of his opinion and my own. The extent of the question is but short, and whenever reason sets its foot within its boundary, it soon arrives at the end of it. LIX. It cannot be denied, that the not confessing in the torture, depends upon the spirit and fortitude of the person tortured, to resist the rigour of that trial; and I ask now, is this spirit and fortitude produced by the innocence of such a person? It clearly is not, but rather by the robustness of mind or body which that person possesses. The torture then, can be of no use to ascertain the guilt or innocence of any one, but it is the bodily strength or weakness of mind, of whoever is unfortunate enough to experience its rigour, that determines the point. LX. Nero having unjustly repudiated his wife Octavia, and married Poppea, she not content with having usurped the bridal bed, and crown of Octavia, but in order to deprive her of life and honour also, accused her of having had a criminal correspondence with a slave. For the purpose of ascertaining the guilt of Octavia, six of her female servants were put to answer by the torture; and what was the result of this? why, that some of them declared her guilty, and others denied it. Did not they all know that the accusation was false? and do not all authors agree that they did? But what did this signify, if, in the torture, their pain, and not their veracity, influenced them to confess she was guilty of the crime? Whoever has fortitude enough to endure the rigour of the cord, will deny the fault he is tortured to confess, although he was really guilty of it; whoever has not, will confess a crime he never committed. The effects of the torture on the servants of Octavia, tended to prove the fortitude of some of then, and the weakness of others; but for ascertaining the truth were of no use.