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 whole system of the Inquisition, however, was such as to render
the resort to torture inevitable. Its proceedings were secret; the
prisoner was carefully kept in ignorance of the exact charges against
him, and of the evidence upon which they were based. He was presumed
to be guilty, and his judges bent all their energies to force him to
confess. To accomplish this, no means were too base or too cruel.
According to the tract just quoted, pretended sympathizers were to be
let into his dungeon, whose affected friendship might entrap him into
an unwary admission; officials armed with fictitious evidence were
directed to frighten him with assertions of the testimony obtained
against him from supposititious witnesses; and no resources of fraud or
guile were to be spared in overcoming the caution and resolution of the
poor wretch whose mind, as we have seen, had been carefully weakened
by solitude, suffering, hunger, and terror. From this to the rack and
estrapade the step was easily taken, and was not long delayed. In
1301, we find even Philippe le Bel protesting against the cruelty of
Fulk, the Dominican Inquisitor, and interfering to protect his subjects
from the refinements of torture to which, on simple suspicion of
heresy, unfortunate victims were habitually exposed.[1549] Yet when,
a few years later, the same monarch resolved upon the destruction of
the Templars, he made the Inquisition the facile instrument to which
he resorted, as a matter of course, to extort from De Molay and his
knights, with endless repetition of torments, the confessions from
which he hoped to recruit his exhausted treasury with their broad lands
and accumulated riches.[1550]
The history of the Inquisition, however, is too large a subject to
be treated here in detail, and it can only be alluded to for the
purpose of indicating its influence upon secular law. That influence
was immense. The legists who were endeavoring to eradicate the feudal
customs could not expect the community to share their admiration of
the Roman law, and naturally grasped with eagerness the advantage
offered them in adducing the example of ecclesiastical institutions.
In founding their new system they could thus hardly avoid copying that
which presented itself under all the authority of an infallible Church,
and which had been found to work so successfully in unveiling the
most secret of hidden crimes, those of faith and belief.[1551] When,
therefore, men were taught that in these cases the ordinary forms and
safeguards of the law were not to stand in the way of the public good,
a principle was enunciated capable of illimitable development.
Public-domain text, read in full here on John Shaqi.
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