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
In all this, however, there is no evidence of the revival of torture
as a means of legal investigation. The community was satisfied with
the old barbaric forms of trial, and the Church, still true to its
humanizing instincts, lost no opportunity of placing the seal of its
disapprobation on the whole theory of extorting confessions. At an
early period, it had even been a matter of dispute whether a Christian
magistrate, after baptism, was at liberty to inflict torment and
pronounce sentence of death. The Synod of Rome in 384 had declared
that no Christian could exercise secular power without sin, because he
was obliged to contravene the teachings of the Church by ordering the
application of torture in judicial pleadings;[1530] and if Innocent I.,
in 405, had decided that such proceedings were lawful, it was only on
the ground that the Church had no right to resist the laws or to oppose
the powers ordained of God.[1531] About the same time St. Augustin
had exposed the cruel absurdity of torture with a cogent terseness
that has rarely been excelled, and had stamped it with the infamy
which it deserved.[1532] The great name of Gregory I. was on record in
the sixth century, denouncing as worthless a confession extorted by
incarceration and hunger.[1533] When Nicholas I., who did so much to
build up ecclesiastical power and influence, addressed, in 866, his
well-known epistle to the Bulgarians to aid and direct them in their
conversion to orthodoxy, he recites that he is told that, in cases of
suspected theft, their courts endeavor to extort confession by stripes,
and by pricking with a pointed iron. This he pronounces to be contrary
to all law, human and divine, for confessions to be valid should be
spontaneous; and he argues at some length on the uncertainty of the
system of torture, and the injustice to which it leads, concluding with
a peremptory prohibition of its continuance.[1534]
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