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
Jerome of a woman of Vercelli
repeatedly tortured on an accusation of adultery, and finally condemned
to death in spite of her constancy in asserting her innocence, the only
evidence against her being that of her presumed accomplice, extorted
under torment.[1452] Quintus Curtius probably reflects the popular
feeling on the subject, in his pathetic narrative of the torture of
Philotas on a charge of conspiracy against Alexander. After enduring
in silence the extremity of hideous torment, he promised to confess if
it were stopped, and when the torturers were removed he addressed his
brother-in-law Craterus, who was conducting the investigation: “Tell me
what you wish me to say.” Curtius adds that no one knew whether or not
to believe his final confession, for torture is as apt to bring forth
lies as truth.[1453]
From the instances given by Valerius Maximus, it may be inferred that
there was no limit set upon the application of torture. The extent to
which it might be carried appears to have rested with the discretion
of the tribunals, for, with the exception of the general injunctions
of moderation alluded to above, no instructions for its administration
are to be found in the Roman laws which have been preserved to us,
unless it be the rule that when several persons were accused as
accomplices, the judges were directed to commence with the youngest and
weakest.[1454]
Since the time of Sigonius, much antiquarian research has been
directed to investigating the various forms of torture employed by the
Romans. They illustrate no principles, however, and it is sufficient
to enumerate the rack, the scourge, fire in its various forms, and
hooks for tearing the flesh, as the modes generally authorized by law.
The Christian historians, in their narratives of the persecutions to
which their religion was exposed, give us a more extended idea of
the resources of the Roman torture chamber. Thus Prudentius, in his
description of the martyrdom of St. Vincent, alludes to a number of
varieties, among which we recognize some that became widely used in
after times, showing that little was left for modern ingenuity to
invent.[1455]
I have dealt thus at length on the details of the Roman law of torture
because, as will be seen hereafter, it was the basis of all modern
legislation on the subject, and has left its impress on the far less
humane administration of criminal justice in Europe almost to our own
day. Yet at first it seemed destined to disappear with the downfall of
the Roman power.
CHAPTER III.
THE BARBARIANS.
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