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
During the remainder of the century, the statutes of many of the
Italian cities show the gradual introduction of torture to replace
the barbarian processes which were not indigenous,[1542] and which
the traditional hate of the Italian States for the Tedeschi was not
likely to render popular. That by the middle of the century, indeed,
the practical applications of torture had been profoundly studied and
were thoroughly understood in all their most inhuman ramifications is
sufficiently evident from the accounts which we possess of the fearful
cruelties habitually practised by petty despots such as Eccelino da
Romano.[1543]
The manner in which the use of torture thus in time was superimposed
upon the existing customs of Europe is clearly shown in the law of
Lubeck. The mercantile law of the Middle Ages disregarded, as we have
seen, all the irregular forms of evidence, such as the ordeal, the
judicial duel, &c., and it naturally was not favorable to torture. As
the chief of the Hanse-towns Lubeck, therefore, in its legislation
preserved the principles of the mercantile law, but in time these came
to be expounded by a race of lawyers imbued with the ideas of the
imperial jurisprudence, and little was left of the primitive simplicity
of the original code. Thus the latter, when treating of adultery,
simply provides that the accused must clear himself by oath, or be held
guilty of the charge; but a commentary on it, written in 1664, assumes
that as the crime is a peculiarly secret one recourse must be at once
had to torture where there is colorable ground for suspicion.[1544]
Public-domain text, read in full here on John Shaqi.
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