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
As regards freemen, the provisions of different portions of the code
do not seem precisely in harmony, but all of them throw considerable
difficulties in the way of procedures by torture. An early law directs
that, in cases of theft or fraud, no one shall be subjected to torture
unless the accuser bring forward the informer, or inscribe himself with
three sureties to undergo the _lex talionis_ in case the accused prove
innocent. Moreover, if no confession were extorted, the informer was
to be produced. If the accuser could not do this, he was bound to name
him to the judge, who was then to seize him, unless he were protected
by some one too powerful for the judicial authority to control. In
this event it was the duty of the judge to summon the authorities to
his aid, and in default of so doing he was liable for all the damages
arising from the case. The informer, when thus brought within control
of the court, was, if a freeman, declared infamous, and obliged to
pay ninefold the value of the matter in dispute; if a slave, sixfold,
and to receive a hundred lashes. If the freeman were too poor to pay
the fine, he was adjudged as a slave in common to the accuser and the
accused.[1472]
A later law, issued by Chindaswind, is even more careful in its very
curious provisions. No accuser could force to the torture a man higher
in station or rank than himself. The only cases in which it could be
inflicted on nobles were those of treason, homicide, and adultery,
while for freemen of humbler position the crime must be rated at a
fine of 500 solidi at least. In these cases, an open trial was first
prescribed. If this were fruitless, the accuser who desired to push
the matter bound himself in case of failure to deliver himself up as
a slave to the accused, who could maltreat him at pleasure, short of
taking his life, or compound with him at his own valuation of his
sufferings. The torture then might last for three days; the accuser
himself was the torturer, subject to the supervision of the judge, and
might inflict torment to any extent that his ingenuity could suggest,
short of producing permanent injury or death. If death resulted, the
accuser was delivered to the relatives of the deceased to be likewise
put to death; the judge who had permitted it through collusion or
corruption was exposed to the same fate, but if he could swear that
he had not been bribed by the accuser, he was allowed to escape
with a fine of 500 solidi. A very remarkable regulation, moreover,
provided against false confessions extorted by torment. The accuser
was obliged to draw up his accusation in all its details, and submit
it secretly to the judge. Any confession under torture which did not
agree substantially with this was set aside, and neither convicted the
accused nor released the accuser from the penalties to which he was
liable.[1473]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account