Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, TortureLea, Henry Charles
History
Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture
Lea, Henry Charles
Ordeal; Torture; Wager of battle; Wager of law
The incident was ominous of the future, when all the powers of the
state were concentrated in the august person of the emperor. He was
the representative and embodiment of the limitless sovereignty of the
people, whose irresponsible authority was transferred to him. The rules
and formularies which had regulated the exercise of power, so long as
it belonged to the people, were feeble barriers to the passions and
fears of Cæsarism. Accordingly, a principle soon became engrafted in
Roman jurisprudence that, in all cases of _crimen majestatis_, or high
treason, the free citizen could be tortured. In striking at the ruler
he had forfeited all rights, and the safety of the state, as embodied
in the emperor, was to be preserved at every sacrifice.
The emperors were not long in discovering and exercising their power.
When the plot of Sejanus was discovered, the historian relates that
Tiberius abandoned himself so entirely to the task of examining by
torture the suspected accomplices of the conspiracy, that when an old
Rhodian friend, who had come to visit him on a special invitation, was
announced to him, the preoccupied tyrant absently ordered him to be
placed on the rack, and on discovering the blunder had him quietly put
to death, to silence all complaints. The shuddering inhabitants pointed
out a spot in Capri where he indulged in these terrible pursuits,
and where the miserable victims of his wrath were cast into the sea
before his eyes, after having exhausted his ingenuity in exquisite
torments.[1386] When the master of the world took this fearful delight
in human agony, it may readily be imagined that law and custom offered
little protection to the defenceless subject, and Tiberius was not the
only one who relished these inhuman pleasures. The half-insane Caligula
found that the torture of criminals by the side of his dinner-table
lent a keener zest to his revels, and even the timid and the beastly
Claudius made it a point to be present on such occasions.[1387]
Under the stimulus of such hideous appetites, capricious and
irresponsible cruelty was able to give a wide extension to the law of
treason. If victims were wanted to gratify the whims of the monarch or
the hate of his creatures, it was easy to find an offender or to make
a crime. Under Tiberius, a citizen removed the head from a statue of
Augustus, intending to replace it with another. Interrogated before
the Senate, he prevaricated, and was promptly put to the torture.
Encouraged by this, the most fanciful interpretation was given to
violations of the respect assumed to be due to the late emperor. To
undress one’s self or to beat a slave near his image; to carry into
a latrine or a house of ill fame a coin or a ring impressed with
his sacred features; to criticize any act or word of his became a
treasonable offence; and finally an unlucky wight was actually put to
death for allowing the slaves on his farm to pay him honors on the
anniversary which had been sacred to Augustus.[1388]
Public-domain text, read in full here on John Shaqi.
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