"Torture is inflicted on one who confesses the principal fact, but
varies as to circumstances. Also on one who is reputed to be a heretic,
but against whom there is only one witness of the fact. In this case
common rumor is one indication of guilt, and the direct evidence is
another, making altogether but semi-plenar proof. The torture may bring
out fall proof. Also, when there is no witness, but vehement suspicion.
Also when there is no common report of heresy, but only one witness
who has heard or seen something in him contrary to the faith. Any two
indications of heresy will justify the use of torture. If you sentence
to torture, give him a written notice in the form prescribed; but other
means be tried first. Nor is this an infallible means for bringing out
the truth. Weak-hearted men, impatient at the first pain, will confess
crimes they never committed, and criminate others at the same time. Bold
and strong ones will bear the most severe torments. Those who have been
on the rack before bear it with more courage, for they know how to adapt
their limbs to it, and they resist powerfully. Others, by enchantments,
seem to be insensible, and would rather die than confess. These wretches
user for incantations, certain passages from the Psalms of David, or
other parts of Scripture, which they write on virgin parchment in an
extravagant way, mixing them with names of unknown angels, with circles
and strange letters, which they wear upon their person. 'I know not,'
says Pena, 'how this witchcraft can be remedied, but it will be well to
strip the criminals naked, and search them narrowly, before laying them
upon the rack.' While the tormentor is getting ready, let the inquisitor
and other grave men make fresh attempts to obtain a confession of the
truth. Let the tormentors TERRIFY HIM BY ALL MEANS, TO FRIGHTEN HIM INTO
CONFESSION. And after he is stripped, let the inquisitor take him aside,
and make a last effort. When this has failed, let him be put to the
question by torture, beginning with interrogation on lesser points,
and advancing to greater. If he stands out, let them show him other
instruments of torture, and threaten that he shall suffer them also. If
he will not confess; the torture may be continued on the second or third
day; but as it is not to be repeated, those successive applications must
be called CONTINUATION. And if, after all, he does not confess, he may
be set at liberty."
Rules are laid down for the punishment of those who do confess. Innocent
IV. commanded the secular judges to put heretics to torture; but that
gave occasion to scandalous publicity, and now inquisitors are empowered
to do it, and, in case of irregularity (THAT IS, IF THE PERSON DIES IN
THEIR HANDS), TO ABSOLVE EACH OTHER. And although nobles were exempt
from torture, and in some kingdoms, as Arragon, it was not used in civil
tribunals, the inquisitors were nevertheless authorized to torture,
without restriction, persons of all classes.
Public-domain text, read in full here on John Shaqi.
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